Due to an insufficient initial response the City of...

Pre-qualification Application Portsmouth Fire Station #1 Renovation of 16

REQUEST FOR QUALIFICATIONS #51-08 INVITATION TO RESPOND

Portsmouth Fire Station 1 (Central Station) Modifications

Replacement of 6 Overhead Doors, Widening Four Apparatus Entries, Historic Brickwork & Misc. Structural Improvements

170 Court Street, Portsmouth, NH

The City of Portsmouth will be accepting Applications for Pre-qualification from Contractors for construction modifications to the Central Fire Station. The work includes replacement of six overhead doors with replicas of the original historic carriage house doors; widening of four apparatus entryways; removal of structural brick masonry pilasters; replacement of pilasters with structural steel columns; temporary support of brick façade; and replacement of several structural steel lintels and beams. Due to an insufficient initial response the City of Portsmouth is re-advertising this pre-qualification application and has relaxed some financial reporting requirements for pre-qualification of applicants. Also the City requests applicants to provide information relating to prior training, certifications, project history, and project references for all masons and conservators the firm may wish to subcontract in the prosecution of the work. The facility is in Historic District A. Interested contractors must be familiar with restorative masonry work for “historic structures” and will be required to complete an application for pre-qualification to be considered for this project. The application for pre-qualification, construction plans and specifications may be obtained at www.cityofportsmouth.com, through the Purchasing Department, 1 Junkins Avenue, Portsmouth N.H. 03801, or by calling the Purchasing Coordinator at 603-610-7227. Deadline for submission of application for Contractor Pre-qualification is July 3, 2008 at 2:00 p.m. Applications received after the deadline will not be opened or considered. Continue below for the complete RFQ. Qualifications packages will be reviewed by the Department of Public Works selection team. Applicants obtaining a score of 90% and above will be invited to submit bids for construction of the project. The City of Portsmouth reserves the right to accept or reject any and all applications for prequalification and subsequent bids.


PRIME CONTRACTOR

PREQUALIFICATION

APPLICATION

Portsmouth Fire Station 1 (Central Station) Structural Renovation Replacement of 6 Overhead Doors, Widening Four Apparatus Entries,

Historic Brickwork & Miscellaneous Structural Improvements 170 Court Street, Portsmouth, NH


INSTRUCTIONS ON COMPLETING THE PREQUALIFICATION APPLICATION

Introduction The City of Portsmouth will accept applications for pre-qualification from contractors for construction modifications to the Central Fire Station. The work includes replacement of six overhead doors with replicas of the original historic carriage house doors; widening of four apparatus entryways; removal of structural brick masonry pilasters; replacement of pilasters with structural steel columns; temporary support of brick façade; and replacement of several structural steel lintels and beams. The facility is in Historic District A. Interested contractors must be familiar with restorative masonry work for “historic structures”. Due to an insufficient initial response the City of Portsmouth is re-advertising this pre-qualification application and has relaxed some financial reporting requirements for pre-qualification of applicants. Also the City requests applicants to provide information relating to prior training, certifications, project history, and project references for all masons and conservators the firm may wish to subcontract in the prosecution of the work. Submission Deadline. Firms who desire to participate in the “Fire Station 1 Structural Renovation” contract are required to complete a prequalification application, supply the supporting documents which are required and return the completed original signed package to the Purchasing Department, 1 Junkins Avenue, Portsmouth, NH 03801 by the deadline. Deadline for submission of application is July 3, 2008 at 2:00 p.m. Applications received after the deadline will not be opened or considered. Continue below for the complete RFQ.

Prequalification is a condition of bid submission. Under no circumstances will bids be accepted from contractors not prequalified.

Evaluation Procedure and Criteria The purpose of this process is to identify highly qualified firms capable of providing: replacement of six overhead doors with replicas of historic carriage house doors; widening of four apparatus entryways; removal of structural brick masonry pilasters; replacement of pilasters with structural steel columns; temporary support of brick façade; and replacement of entryway lintel beams. Among the factors that the City will evaluate to determine contractor’s qualifications are:

• The contractor’s experience and ability to perform work of a historical character, with a particular emphasis on demonstrated restorative masonry experience. This will be a significant factor in the evaluation.

• The contractor’s experience and ability to perform/manage/supervise all components of the anticipated work.

• The contractor’s ability, capacity and skill to perform timely. • The contractor’s reputation for judgment and integrity. • Sufficiency of contractor’s financial, equipment and personnel resources • The contractor's ability to provide future maintenance and/or service


Firms lacking significant in-house masonry experience on historical structures are encouraged to subcontract with a mason and conservator possessing experience restoring waterstruck clay brick structures with lime mortar joints. The experience record of such masons and conservators must be described in detail as part of this application. Once the firm has submitted the completed application with all accompanying documents, it will be reviewed for completeness. If additional information is required, the firm will be notified. If the firm does not respond to the City’s request for additional information within ten (10) days of notification, the application will be considered inactive. An application must be complete before any action can be taken by the City. Once an application is complete, it will be reviewed by the Prequalification Review Committee and a decision rendered on the prequalification status of the applicant. The Review Committee may approve the applicant, reject the applicant, or ask for additional information from the applicant. If approved, the firm will be considered pre-qualified for this project. General Instructions The application should be completed on behalf of the applicant firm by an officer who is knowledgeable about past and current operations, policies and practices of the firm. A response must be provided to each question. If a particular question does not apply, the response must state “not applicable” or “N/A”. Applications that contain missing or incomplete answers will not be processed.

Answers may be expanded upon by attaching additional pages. Use 8 _” x 11” paper and mark each additional page with the firm’s name and identification of the particular question to which an answer is being given.

For the purposes of the application, the terms “company”, “firm”, “bidder”, “proposer”, and “contractor” are used interchangeably and have the same meaning. Reservation of Rights The information to be provided and the requirements necessary to meet the standards for prequalification are for purposes of this contract only. Prequalification in no way ensures the award of contract work and the City reserves the right to limit solicitation to select bidders. The City of Portsmouth reserves the right to accept or reject any and all applications for prequalification and subsequent bids.

By submitting an application, the firm authorizes the City, its employees, consulting engineers and agents to undertake such investigation as the City deems necessary to verify the qualifications of the firm. The firm may be asked to execute releases to contact third parties. Failure to execute a release when requested may result in disqualification.


Remember to:

Supply explanations when asked Complete the Experience on Completed and Ongoing Projects form Include all supporting documents Sign and date the Certification and Authorization form

Questions about the application?

Contact at City of Portsmouth Department of Public Works is listed below:

Mr. Thomas Richter,

City of Portsmouth

Department of Public Works

380 Peverly Hill Road,

Portsmouth, NH 03801

(603) 427-1530

[email protected]


SUPPORTING DOCUMENTS and INFORMATION

WHICH MUST ACCOMPANY YOUR APPLICATION

The following documents or information must be included with your application: INSURANCE

Applicant must provide proof that the firm is insured at least in limits equal to the City’s minimum requirements described herein.

LICENSES Copies of all applicable and current trade licenses issued to the applicant firm which

legally allow the firm to perform the work necessary for this project.

PREVIOUS WORK HISTORY The application contains a form titled “Experience on Completed or Ongoing

Projects”. Please use this form to detail the work that the firm has performed within the last two (2) years. A minimum of three (3) projects, preferably completed, should be provided. Use one page per project and reproduce copies of the form as necessary. Remember to identify yourself as a prime contractor, subcontractor or joint venture partner. Applicant may provide additional information on projects with historical restoration components within the last five (5) years.

OSHA VIOLATIONS If at any time within the past five (5) years the applicant firm received an OSHA

serious violation, you must provide copy(s) of the Citation and Notification of Penalty, signed Settlement Agreement and narrative which details the specific issue(s) cited, remedial action required and taken by your firm, amount of fine initially imposed and ultimate resolution. RESUMES AND ORGANIZATIONAL CHART

The applicant must include current resumes for each Principal and Key individual identified in Question 8a. The application must also include a copy of the firm’s current Organizational Chart.

DUNS (Data Universal Numbering System) NUMBER The DUNS Number is a distinctive nine-digit identification number assigned to the

firm by Dun & Bradstreet Information Services. If the applicant does not have a DUNS number, it should contact Dun & Bradstreet directly to obtain one. A DUNS number will be provided to the firm within seven to ten business days. For information on obtaining a DUNS number, the firm, if located in the United States, should call Dun & Bradstreet at 1-800-333-0505.


FINANCIAL The firm selected for the project at the completion of bidding shall provide a

copy of their three (3) most recent annual (audited, if available) financial statements. At a minimum, the financial statements must include the balance sheet, statement of income and retained earnings and footnotes, if applicable. If the applicant has been in business less than three years, the application must include all available statements.

Financial information may, upon written request, be treated confidentially provided the documentation is clearly marked confidential. A self-addressed stamped envelope shall be provided by the firm with sufficient postage to return the confidential information at the completion of the selection process


CITY OF PORTSMOUTH, NEW HAMPSHIRE

PREQUALIFICATION APPLICATION

FIRE STATION 1 STRUCTURAL RENOVATION

PLEASE PRINT OR TYPE ALL INFORMATION

1. NAME OF APPLICANT FIRM

Tax ID No. or SS No. DUNS No. (See Instructions) D/B/A Name (if any)

Applicant’s Address

City State Zip

Mailing Address (if different)

City State Zip

Telephone No. ( ) FAX No. ( )

Corporate E-mail Address

Contact Person Title

2. BUSINESS ORGANIZATION OF APPLICANT

Date the applicant firm was formed

Type of Organization

Corporation State in which incorporated Year Partnership General Limited State and County where partnership filed Sole Proprietorship

Owner

Not-for-Profit Joint Venture


3. MINORITY BUSINESS STATUS

a. Is the applicant firm certified as a Minority Business Enterprise (MBE) or Women Business Enterprise (WBE)? Yes No

(If “Yes”, attach Certification Letter)

b. Within the past five (5) years has the applicant firm had an MBE or WBE certification revoked or denied? Yes No

4. APPLICANT’S INSURANCE INFORMATION

The City requires that evidence of insurance coverage be in effect during the term of contract awarded by the City to the contractor. BINDERS ARE NOT ACCEPTABLE. Minimum Coverage required by the City is as follows:

Workers’ Compensation – In accordance with State of New Hampshire statutory limits.

Employer’s Liability coverage shall not be less than $100,000.

Commercial General Liability – Minimum combined limit of $1,000,000 for both bodily injury and property damage liability coverage, per occurrence and in the aggregate for each annual policy period. Coverage shall be extended to include blanket contractual liability coverage, owners and Contractor’s protective liability, products and completed operations coverage, personal injury liability hazards and incidental medical malpractice coverage.

Comprehensive Automobile Liability – coverage for all owned, non-owned or hired motor vehicles with limits of $1,000,000 per accident for the bodily injury coverage and $1,000,000 per accident for the property damage.

Excess Liability Protection – Minimum $1,000,000 per occurrence combined single limit and $2,000,000 in the aggregate for each annual policy period.

Name of Primary Insurance Agent or Broker

Address



Type of Coverages

Commercial Gen. Liability

Auto Liability Worker’s Comp Other

Policy No.

Name of Carrier

Amount – Single

Amount – Aggregate

Expiration Date

5. APPLICANT’S BONDING INFORMATION

Name of Bonding Agent

Address


Name of Bonding Capacity (Single) Bonding Capacity (Aggregate)

Bonding Company

6. APPLICANT’S LICENSES AND CERTIFICATES – Provide information on licenses and

certificates necessary for the type of work applicant firm will perform. Attach copies of Certificate of Authority to do Business in the State of New Hampshire.

Type of License or Certificate

Firm or Individual’s Name License No. Expiration Date


7. CURRENT NUMBER OF EMPLOYEES

8. PRINCIPALS AND KEY PERSONNEL IN FIRM - On the chart below, complete the required information. “Principals” and “Key Personnel” include any of the following:

. Proprietors, partners, directors, officers.

. Any manager or individual who participates in overall policy-making or financial decisions for the firm.

. Any person in a position to control and direct the firm’s overall operations or any significant part of it’s operation.

Applicant firms that are publicly held corporations should list the president, treasurer and only those officers and managers who will have responsibility for binding the firm to contracts.

Resumes for Principals and Key Personnel and firm’s current Organizational Chart must be provided with this application.

a. Principals and Key Personnel (use additional paper if necessary) b. At present, do any of the Principals or Key Personnel listed in Question No. 8a own 25%

or more of any other firm? Yes No

If “Yes”, list below

Full Time Part Time Office Field

Person 1 Person 2 Person 3 Name

Title

% of Ownership

No. of shares owned

Person Firm Name Address Tax ID No.

% Owned


c. Is any Principal or Key Person listed in Question No. 8a a current employee or related by blood or marriage to any current employee of the City of Portsmouth?

Yes No


d. Are any of the Principals or Key People listed in Question No. 8a related by blood or

marriage to any owner or other key person in a firm that currently does work for the City? Yes No


Name of Principal or Key Person

Name of Relative in Other Firm

Name of Other Firm

9. APPLICANT FIRM’S FINANCIAL INFORMATION

a. Are there any liens outstanding against the applicant firm? Yes No

If “Yes”, provide a detailed explanation with this application. b. Has the applicant firm or any of its current Principals or Key Personnel been party to a bankruptcy or reorganization proceeding within the last five (5) years?

Yes No If “Yes”, provide a detailed explanation with this application. c. Annual sales dollar volume of firm


Name of Relative Relationship


10. INTEGRITY OF APPLICANT FIRM – If applicant has answered “Yes” to any question below, a separate explanation must be supplied with this application.

During the past five (5) years, has the applicant firm ever:

a. Been the subject of a lien or claim of $25,000 or more by a subcontractor or supplier? Yes No

b. Failed to complete a contract?

Yes No

c. Been suspended, debarred, disqualified or otherwise been declared ineligible to bid? Yes No

d. Been defaulted on any contract?

Yes No

e. Had a contract terminated? Yes No

f. Had liquidated damages assessed against it upon completion of a contract?

Yes No

During the past five (5) years, has the applicant firm or any of its Principals or Key Personnel:

a. Been a plaintiff or defendant in any lawsuits arising out of public or private construction contracts?

Yes No b. Been the subject of an investigation involving any alleged violation of criminal law, civil

antitrust law or other federal, state or local civil law? Yes No

c. Been convicted after trial or by plea of any felony under state or federal law?

Yes No d. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery,

falsification or destruction of records, receiving stolen property or violation of an antitrust law?

Yes No e. Been the subject of an investigation of any alleged violation of a federal, state, orlocal

regulation by any public agency including, but not limited to, federal regulatory agencies such as EPA or SEC?

Yes No f. Been found to have committed a violation of any labor law or regulation including

prevailing wage rates and fair labor practices/ Yes No


g. Been found to have committed an OSHA “serious violation”? Yes No

h. Been found to have committed a construction-related violation of federal, state, or local

environmental law or regulation? Yes No

13. BIDDING CAPABILITY AND PREVIOUS EXPERIENCE

Indicate below the categories in which the applicant firm has previous experience.

A. Specialty (check all appropriate) 1. Research, Laboratories, Medical 8. Paving 2. Commercial, Retail 9. Construction Management 3. Residential 10. Utilities 4. Office 11. Exterior Restoration (non-historic) 5. Classroom 12. Demolition 6. Historic Preservation 13. Asbestos Abatement 7. Landscape 14. Materials Testing

B. CSI Division Specialty (check all appropriate). Applicant firm must have self-

performing capability for each specialty selected. 1. Sitework 2. Concrete 3. Masonry 4. Metals 5. Carpentry 6. Thermal and Moisture Protection 7. Doors and Windows 8. Finishes 9. Specialties 10. Equipment 11. Furnishings

12. Special Construction 13. Conveying Systems 14. Mechanical 15. Electrical 16. Plumbing 17. HVAC 18. Sprinkler 19. ATC 20. Balancing 21. Fire Alarms 22. Security

C. Contract Capability (determined by size of previous work and bonding capacity) 1. $0 - $10,000 2. $0 - $50,000 3. $0 - $100,000 4. $0 - $250,000 5. $0 - $500,000 6. $0 - $1,000,000 7. $0 - $5,000,000 8. $0 - $10,000,000 9. $0 - >$10,000,000


14. EXPERIENCE ON COMPLETED OR ONGOING PROJECTS – A separate sheet must be completed for each project. Use additional paper if necessary.

Project Completed Work in Progress

Prime Contractor Subcontractor Joint Venture Partner

Facility / Project Name Address of Project Owner

Was this project bonded? Yes No

Were you required to possess a Performance and/or Payment Bond? Yes No

Start Date

Scheduled Completion Date Actual Completion Date

Construction Manager

Architect Reference familiar with your performance (Prime Contractor if applicant employed as subcontractor): Name Title


Prime Contractor (if applicant worked as subcontractor)

% of work performed by applicant firm with applicant’s own forces

Description of work performed by applicant firm


CERTIFICATION AND AUTHORIZATION

I, , being duly sworn, state that I am of

(print title) (print firm name)

and that I have read and understand the questions and responses contained in the attached application and its appendices.

I certify that to the best of my knowledge the information given in response to each question and the appendices is full, complete and accurate.

I acknowledge that the City may, by means it deems appropriate, determine the accuracy and truth of the statements made in this application.

I recognize that all the information submitted is for the express purpose of allowing the City to determine responsibility. The information to be provided and the requirements necessary to meet the standards for prequalification are for prequalification purposes only. Prequalification in no way insures the award of contract work.

I authorize the City to contact any person for purposes of verifying the qualifications of the applicant. A copy of this authorization shall have the same force and effect as the original.

A MATERIAL FALSE STATEMENT OR OMISSION MADE IN CONNECTION WITH THIS APPLICATION IS SUFFICIENT CAUSE FOR DENIAL OF THE APPLICATION OR REVOCATION OF PRIOR APPROVAL THEREBY PRECLUDING THE APPLICANT FROM PERFORMING WORK FOR THE CITY. IN ADDITION, IF FRAUDULENT INFORMATION CONTAINED IN THE APPLICATION IS USED BY THE CITY TO MAKE A DETERMINATION OF THE APPLICANT’S “RESPONSIBILITY”, THE APPLICANT MAY BE HELD LIABLE FOR ANY COSTS RESULTING FROM THE TERMINATION OF ANY CONTRACT AWARDED TO THE APPLICANT.

Print name Date

Print Title

Signature

REQUEST FOR QUALFICATIONS #51-08

Page 1 of 17

REQUEST FOR QUALIFICATIONS #51-08 INVITATION TO RESPOND

Portsmouth Fire Station 1 (Central Station) Modifications

Replacement of 6 Overhead Doors, Widening Four Apparatus Entries, Historic Brickwork & Misc. Structural Improvements

170 Court Street, Portsmouth, NH

The City of Portsmouth will be accepting Applications for Pre-qualification from Contractors for construction modifications to the Central Fire Station. The work includes replacement of six overhead doors with replicas of the original historic carriage house doors; widening of four apparatus entryways; removal of structural brick masonry pilasters; replacement of pilasters with structural steel columns; temporary support of brick façade; and replacement of several structural steel lintels and beams. The facility is in Historic District A. Interested contractors must be familiar with restorative masonry work for “historic structures” and will be required to complete an application for pre-qualification to be considered for this project. The application for pre-qualification, construction plans and specifications may be obtained at www.cityofportsmouth.com, through the Purchasing Department, 1 Junkins Avenue, Portsmouth N.H. 03801, or by calling the Purchasing Coordinator at 603-610-7227. Deadline for submission of application for Contractor Pre-qualification is May 27, 2008 at 2:00 p.m. Applications received after the deadline will not be opened or considered. Continue below for the complete application. Qualifications packages will be reviewed by the Department of Public Works selection team. Applicants obtaining a score of 90% and above will be invited to submit bids for construction of the project. The City of Portsmouth reserves the right to accept or reject any and all applications for prequalification and subsequent bids.


Page 2 of 17

PRIME CONTRACTOR

PREQUALIFICATION

APPLICATION

Portsmouth Fire Station 1 (Central Station) Structural Renovation Replacement of 6 Overhead Doors, Widening Four Apparatus Entries,

Historic Brickwork & Miscellaneous Structural Improvements 170 Court Street, Portsmouth, NH


Page 3 of 17

INSTRUCTIONS ON COMPLETING THE PREQUALIFICATION APPLICATION

Introduction The City of Portsmouth will accept applications for pre-qualification from contractors for construction modifications to the Central Fire Station. The work includes replacement of six overhead doors with replicas of the original historic carriage house doors; widening of four apparatus entryways; removal of structural brick masonry pilasters; replacement of pilasters with structural steel columns; temporary support of brick façade; and replacement of several structural steel lintels and beams. The facility is in Historic District A. Interested contractors must be familiar with restorative masonry work for “historic structures”. Submission Deadline. Firms who desire to participate in the “Fire Station 1 Structural Renovation” contract are required to complete a prequalification application, supply the supporting documents which are required and return the completed original signed package to the Purchasing Department, 1 Junkins Avenue, Portsmouth, NH 03801 by the deadline. Deadline for submission of application is May 27, 2008 at 2:00 p.m. Applications received after the deadline will not be opened or considered.

Prequalification is a condition of bid submission. Under no circumstances will bids be accepted from contractors not prequalified.

Evaluation Procedure and Criteria The purpose of this process is to identify highly qualified firms capable of providing the work described above. Among the factors that the City will evaluate to determine contractor’s qualifications are:

• The contractor’s experience and ability to perform work of a historical character, with a particular emphasis on demonstrated restorative masonry experience. This will be a significant factor in the evaluation.

• The contractor’s experience and ability to perform/manage/supervise all components of the anticipated work.

• The contractor’s ability, capacity and skill to perform in a timely manner. • The contractor’s reputation for judgment and integrity. • Sufficiency of contractor’s financial stability, bonding capacity, business integrity,

and personnel resources • The contractor's ability to provide future maintenance and/or service

Firms with significant masonry experience on historical structures are the only firms that will be given further consideration. Once the firm has submitted the application with all accompanying documents, the information submitted will be reviewed for completeness and ranked based on the factors listed above. If the application is not considered complete, the City reserves the right to reject the application in its entirety. At the option of the City, if additional information is requested, the firm will be notified in writing. If the firm does not respond to the City’s request for additional information


Page 4 of 17

within five (5) days of notification, the application will be considered inactive. All complete applications will be reviewed and ranked by the Prequalification Review Committee whereas firms most favorably ranked at 90% and above will be solicited to provide a bid quotation. General Instructions The application should be completed on behalf of the applicant firm by an officer who is knowledgeable about past and current operations, policies and practices of the firm. A response must be provided to each question. If a particular question does not apply, the response must state “not applicable” or “N/A”. Applications that contain missing or incomplete answers will not be processed.

Answers may be expanded upon by attaching additional pages. Use 8 1/2” x 11” paper and mark each additional page with the firm’s name and identification of the particular question to which an answer is being given.

For the purposes of the application, the terms “company”, “firm”, “bidder”, “proposer”, and “contractor” are used interchangeably and have the same meaning. Reservation of Rights The information to be provided and the requirements necessary to meet the standards for prequalification are for purposes of this contract only. Prequalification in no way ensures the award of contract work and the City reserves the right to limit solicitation to select bidders. The City of Portsmouth reserves the right to accept or reject any and all applications for prequalification and subsequent bids.

By submitting an application, the firm authorizes the City, its employees, consulting engineers and agents to undertake such investigation as the City deems necessary to verify the qualifications of the firm. The firm, by virtue of signing its application, will be executing a release for the City to contact and obtain information from third parties.


Page 5 of 17

Remember to:

Supply explanations when asked Complete the Experience on Completed and Ongoing Projects form Include all supporting documents Sign and date the Certification and Authorization form

Questions about the application?

Contact at City of Portsmouth Department of Public Works is listed below:

Mr. Thomas Richter,

City of Portsmouth

Department of Public Works

380 Peverly Hill Road,

Portsmouth, NH 03801

(603) 427-1530

[email protected]


Page 6 of 17

SUPPORTING DOCUMENTS and INFORMATION

WHICH MUST ACCOMPANY YOUR APPLICATION

The following documents or information must be included with your application: FINANCIAL

Include a copy of the firm’s three (3) most recent annual (audited, if available) financial statements. At a minimum, the financial statements must include the balance sheet, statement of income and retained earnings and footnotes, if applicable. If the applicant has been in business less than three years, the application must include all available statements.

Financial information may upon written request be treated confidentially provided the documentation is clearly marked confidential. A self-addressed stamped envelope shall be provided by the firm sufficient to return the confidential information to the firm at the completion of the review process. INSURANCE

Applicant must provide proof that the firm is insured at least in limits equal to the City’s minimum requirements described herein.

LICENSES Copies of all applicable and current trade licenses issued to the applicant firm which

legally allow the firm to perform the work necessary for this project.

PREVIOUS WORK HISTORY The application contains a form titled “Experience on Completed or Ongoing

Projects”. Please use this form to detail the work that the firm has performed within the last two (2) years. A minimum of three (3) projects, preferably completed, should be provided. Use one page per project and reproduce copies of the form as necessary. Remember to identify yourself as a prime contractor, subcontractor or joint venture partner. Applicant may provide additional information on projects with historical restoration components within the last five (5) years.

OSHA VIOLATIONS If at any time within the past five (5) years the applicant firm received an OSHA

serious violation, you must provide copy(s) of the Citation and Notification of Penalty, signed Settlement Agreement and narrative which details the specific issue(s) cited, remedial action required and taken by your firm, amount of fine initially imposed and ultimate resolution.

RESUMES AND ORGANIZATIONAL CHART The applicant must include current resumes for each Principal and Key individual

identified in Question 8a. The application must also include a copy of the firm’s current


Page 7 of 17

Organizational Chart.

DUNS (Data Universal Numbering System) NUMBER The DUNS Number is a distinctive nine-digit identification number assigned to the

firm by Dun & Bradstreet Information Services. If the applicant does not have a DUNS number, it should contact Dun & Bradstreet directly to obtain one. A DUNS number will be provided to the firm within seven to ten business days. For information on obtaining a DUNS number, the firm, if located in the United States, should call Dun & Bradstreet at 1-800-333-0505.


Page 8 of 17

CITY OF PORTSMOUTH, NEW HAMPSHIRE

PREQUALIFICATION APPLICATION

FIRE STATION 1 STRUCTURAL RENOVATION

PLEASE PRINT OR TYPE ALL INFORMATION

1. NAME OF APPLICANT FIRM

Tax ID No. or SS No. DUNS No. (See Instructions) D/B/A Name (if any)

Applicant’s Address

City State Zip

Mailing Address (if different)

City State Zip


Corporate E-mail Address

Contact Person Title

2. BUSINESS ORGANIZATION OF APPLICANT

Date the applicant firm was formed

Type of Organization

Corporation State in which incorporated Year Partnership General Limited State and County where partnership filed Sole Proprietorship

Owner

Not-for-Profit Joint Venture


Page 9 of 17

3. MINORITY BUSINESS STATUS

a. Is the applicant firm certified as a Minority Business Enterprise (MBE) or Women Business Enterprise (WBE)? Yes No

(If “Yes”, attach Certification Letter)

b. Within the past five (5) years has the applicant firm had an MBE or WBE certification revoked or denied? Yes No

4. APPLICANT’S INSURANCE INFORMATION – The City requires that evidence of insurance coverage be in effect during the term of contract awarded by the City to the contractor. BINDERS ARE NOT ACCEPTABLE. Minimum Coverage required by the City is as follows:

Workers’ Compensation – In accordance with State of New Hampshire statutory limits.

Employer’s Liability coverage shall not be less than $100,000.

Commercial General Liability – Minimum combined limit of $1,000,000 for both bodily injury and property damage liability coverage, per occurrence and in the aggregate for each annual policy period. Coverage shall be extended to include blanket contractual liability coverage, owners and Contractor’s protective liability, products and completed operations coverage, personal injury liability hazards and incidental medical malpractice coverage.

Comprehensive Automobile Liability – coverage for all owned, non-owned or hired motor vehicles with limits of $1,000,000 per accident for the bodily injury coverage and $1,000,000 per accident for the property damage.

Excess Liability Protection – Minimum $1,000,000 per occurrence combined single limit and $2,000,000 in the aggregate for each annual policy period.

Name of Primary Insurance Agent or Broker

Address


Type of Coverages

Commercial Gen. Liability

Auto Liability Worker’s Comp Other

Policy No.

Name of Carrier

Amount – Single


Page 10 of 17

Amount – Aggregate

Expiration Date

5. APPLICANT’S BONDING INFORMATION

Name of Bonding Agent

Address


Name of Bonding Capacity (Single) Bonding Capacity (Aggregate)

Bonding Company

6. APPLICANT’S LICENSES AND CERTIFICATES – Provide information on licenses and

certificates necessary for the type of work applicant firm will perform. Attach copies of Certificate of Authority to do Business in the State of New Hampshire.

7. CURRENT NUMBER OF EMPLOYEES

Type of License or Certificate

Firm or Individual’s Name License No. Expiration Date

Full Time Part Time Office Field


Page 11 of 17

8. PRINCIPALS AND KEY PERSONNEL IN FIRM - On the chart below, complete the required information. “Principals” and “Key Personnel” include any of the following:

. Proprietors, partners, directors, officers.

. Any manager or individual who participates in overall policy-making or financial decisions for the firm.

. Any person in a position to control and direct the firm’s overall operations or any significant part of it’s operation.

Applicant firms that are publicly held corporations should list the president, treasurer and only those officers and managers who will have responsibility for binding the firm to contracts.

Resumes for Principals and Key Personnel and firm’s current Organizational Chart must be provided with this application.

a. Principals and Key Personnel (use additional paper if necessary) b. At present, do any of the Principals or Key Personnel listed in Question No. 8a own 25%

or more of any other firm? Yes No


Person 1 Person 2 Person 3 Name

Title

% of Ownership

No. of shares owned

Person Firm Name Address Tax ID No.

% Owned


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c. Is any Principal or Key Person listed in Question No. 8a a current employee or related by blood or marriage to any current employee of the City of Portsmouth?

Yes No


d. Are any of the Principals or Key People listed in Question No. 8a related by blood or

marriage to any owner or other key person in a firm that currently does work for the City? Yes No



Name of Relative in Other Firm

Name of Other Firm

9. APPLICANT FIRM’S FINANCIAL INFORMATION

a. Identify name of credit services (i.e. Dun & Bradstreet) and Account No.


Name of Relative Relationship

Name of Credit Service Account No.


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b. For each line of credit, unsecured loan or secured loan provided by a lending institution, list the following: c. Are there any liens outstanding against the applicant firm?

Yes No If “Yes”, provide a detailed explanation with this application. d. Has the applicant firm or any of its current Principals or Key Personnel been party to a bankruptcy or reorganization proceeding within the last five (5) years?

Yes No If “Yes”, provide a detailed explanation with this application. f. Annual sales dollar volume of firm 10. INTEGRITY OF APPLICANT FIRM – If applicant has answered “Yes” to any question below, a separate explanation must be supplied with this application.

During the past five (5) years, has the applicant firm ever:

a. Been the subject of a lien or claim of $25,000 or more by a subcontractor or supplier? Yes No

b. Failed to complete a contract?

Yes No

c. Been suspended, debarred, disqualified or otherwise been declared ineligible to bid? Yes No

d. Been defaulted on any contract?

Yes No

e. Had a contract terminated? Yes No

f. Had liquidated damages assessed against it upon completion of a contract?

Yes No

Amount of Credit

Outstanding Balance

Termination Date

Name/Address of Lending Institution


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During the past five (5) years, has the applicant firm or any of its Principals or Key Personnel:

a. Been a plaintiff or defendant in any lawsuits arising out of public or private construction contracts?

Yes No b. Been the subject of an investigation involving any alleged violation of criminal law, civil

antitrust law or other federal, state or local civil law? Yes No

c. Been convicted after trial or by plea of any felony under state or federal law?

Yes No d. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery,

falsification or destruction of records, receiving stolen property or violation of an antitrust law?

Yes No e. Been the subject of an investigation of any alleged violation of a federal, state, orlocal

regulation by any public agency including, but not limited to, federal regulatory agencies such as EPA or SEC?

Yes No f. Been found to have committed a violation of any labor law or regulation including

prevailing wage rates and fair labor practices/ Yes No

g. Been found to have committed an OSHA “serious violation”?

Yes No h. Been found to have committed a construction-related violation of federal, state, or local

environmental law or regulation? Yes No

13. BIDDING CAPABILITY AND PREVIOUS EXPERIENCE

Indicate below the categories in which the applicant firm has previous experience.

A. Specialty (check all appropriate) 1. Research, Laboratories, Medical 8. Paving 2. Commercial, Retail 9. Construction Management 3. Residential 10. Utilities 4. Office 11. Exterior Restoration (non-historic) 5. Classroom 12. Demolition 6. Historic Preservation 13. Asbestos Abatement 7. Landscape 14. Materials Testing

B. CSI Division Specialty (check all appropriate). Applicant firm must have self-

performing capability for each specialty selected.


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1. Sitework 2. Concrete 3. Masonry 4. Metals 5. Carpentry 6. Thermal and Moisture Protection 7. Doors and Windows 8. Finishes 9. Specialties 10. Equipment 11. Furnishings 12. Special Construction 13. Conveying Systems 14. Mechanical 15. Electrical 16. Plumbing 17. HVAC 18. Sprinkler 19. ATC 20. Balancing 21. Fire Alarms 22. Security

C. Contract Capability (determined by size of previous work and bonding capacity) 1. $0 - $10,000 2. $0 - $50,000 3. $0 - $100,000 4. $0 - $250,000 5. $0 - $500,000 6. $0 - $1,000,000 7. $0 - $5,000,000 8. $0 - $10,000,000 9. $0 - >$10,000,000


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14. EXPERIENCE ON COMPLETED OR ONGOING PROJECTS – A separate sheet must be completed for each project. Use additional paper if necessary.

Project Completed Work in Progress

Prime Contractor Subcontractor Joint Venture Partner

Facility / Project Name Address of Project Owner

Was this project bonded? Yes No

Were you required to possess a Performance and/or Payment Bond? Yes No

Start Date

Scheduled Completion Date Actual Completion Date

Construction Manager

Architect Reference familiar with your performance (Prime Contractor if applicant employed as subcontractor): Name Title


Prime Contractor (if applicant worked as subcontractor)

% of work performed by applicant firm with applicant’s own forces

Description of work performed by applicant firm


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CERTIFICATION AND AUTHORIZATION

I, , being duly sworn, state that I am of

(print title) (print firm name)

and that I have read and understand the questions and responses contained in the attached application and its appendices.

I certify that to the best of my knowledge the information given in response to each question and the appendices is full, complete and accurate.

I acknowledge that the City may, by means it deems appropriate, determine the accuracy and truth of the statements made in this application.

I recognize that all the information submitted is for the express purpose of allowing the City to determine responsibility. The information to be provided and the requirements necessary to meet the standards for prequalification are for prequalification purposes only. Prequalification in no way insures the award of contract work.

I authorize the City to contact any person for purposes of verifying the qualifications of the applicant. A copy of this authorization shall have the same force and effect as the original.

By submitting this application, the firm authorizes the City, its employees, consulting engineers and agents to undertake such financial, experience and character investigations as the City deems necessary to verify the qualifications of the firm and hereby indemnifies and holds harmless the City for its interpretation and use of any and all information provided by third parties. A MATERIAL FALSE STATEMENT OR OMISSION MADE IN CONNECTION WITH THIS APPLICATION IS SUFFICIENT CAUSE FOR DENIAL OF THE APPLICATION OR REVOCATION OF PRIOR APPROVAL THEREBY PRECLUDING THE APPLICANT FROM PERFORMING WORK FOR THE CITY. IN ADDITION, IF FRAUDULENT INFORMATION CONTAINED IN THE APPLICATION IS USED BY THE CITY TO MAKE A DETERMINATION OF THE APPLICANT’S “RESPONSIBILITY”, THE APPLICANT MAY BE HELD LIABLE FOR ANY COSTS RESULTING FROM THE TERMINATION OF ANY CONTRACT AWARDED TO THE APPLICANT.

Print name Date

Print Title

Signature

SPECIFICATIONS FOR PORTSMOUTH FIRE STATION 1

MODIFICATIONS

APPARATUS ENTRY DOOR REPLACEMENT; WIDENING OF FOUR ENTRY DOORS AND

ASSOCIATED STRUCTURAL MODIFICATIONS

PORTSMOUTH, NEW HAMPSHIRE

PREPARED FOR:

CITY OF PORTSMOUTH DEPARTMENT OF PUBLIC WORKS

680 PEVERLY ROAD PORTSMOUTH, NEW HAMPSHIRE 03801

PREPARED BY: 463 US ROUTE ONE YORK, MAINE 03909

PROJECT NO. 08-001

FEBRUARY 1, 2008

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City of Portsmouth, Department of Public Works Portsmouth Fire Station 1, (Central Fire Station)

TABLE OF CONTENTS Legal Advertisement 3 Instructions to Bidders 4 General Conditions, EJCDC, C700-2002, consisting of 41 pages 10 Bid Bond Form 51 Performance Bond 53 Payment Bond Form 56 PART I 01010 Summary of Work 59 01016 Contractor Furnished Items 63 01040 Coordination and Phasing 64 01300 Submittals 66 01322 Photographic Documentation 69 01351 Special Procedures for Historic Treatment 74 01500 Temporary Facilities and Controls 81 01700 Project Closeout 85 PART II 01900 Demolition, Alternations, and Patching 87 03300 Cast in Place Concrete 90 04901 Clay Masonry Restoration and Cleaning 94 05100 Structural Steel 102 06100 Rough Carpentry 112 07190 Water Repellents 124 08360 Overhead Doors 129 09900 Painting 135

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LEGAL ADVERTISEMENT

Portsmouth Fire Station 1 (Central Station) Modifications Replacement of 6 Overhead Doors, Widening Four Apparatus Entries,

Historic Brickwork & Misc. Structural, 170 Court Street, Portsmouth, NH

The City of Portsmouth will be accepting bids for modifications to the Central Fire Station. The work includes replacement of six overhead doors with replicas of historic carriage house doors; widening of four apparatus entryways; removal of structural brick masonry pilasters; replacement of pilasters with structural steel columns; temporary support of brick façade; replacement of entryway lintel beams; The facility is in Historic District A. Interested contractors must be familiar with restoration work on “historic structures” and will be required to submit five examples with references for past similar projects. A pre-bid conference is required to be attended by interested qualified contractors at the site on __________, 2008 at 2 pm. The selected contractor shall be prepared to begin work no later than _____________, 2008 and complete the work no later than ___________, 2008. Bid documents will be available at the office of the Director of Public Works on ___________, 2008. Bids must be received before 2:00 p.m. on ________________, 2008 at the the Department of Public Works. All bids will be opened at the City Manager’s office on ______________, 2008 at 2:00 p.m., at Portsmouth City Hall. The City of Portsmouth reserves the right to accept or reject any and all bids.

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INSTRUCTIONS TO BIDDERS All Contractors shall review Contract Documents and visit the job site and verify existing conditions prior to offering bids. The Contractor shall be responsible for any and all deviations from conditions shown or indicated in the Contract Documents. 1.0 Pre—Bid Conference: A pre-bid conference shall be held ___________, 2008, at 2:00 p.m. at Portsmouth Fire Station 1 at 170 Court Street. Any opportunity to inspect the building, and have questions answered will be provided. The pre-bid conference is mandatory. Only Contractors who are represented at the pre-bid conference will be considered for bid acceptance. Contractors will have reviewed Contract Documents and be prepared to raise any questions at that time. Addendum will be issued no later than _____________, 2008. Questions received after 12:00 noon, _________, 2008 shall not be considered by the City. 2.0 Bid Form: Bids shall be on the Contractor’s letterhead. Indicate the following: BID PROPOSAL DATE: of: (enter Company name)

a: (enter whether corporation, partnership, or individual) b: Acknowledge receipt of Addendum:

Number Date___________________ BASE BID The undersigned agrees to perform all work indicated in the Contract Documents for modifications to Portsmouth Fire Station 1 for the Lump Sum of dollars ($ ) , which includes the amount of dollars ($ ) to cover the cost of the performance bond, and which also includes the amount of dollars ($ ) to cover the cost of the bid bond.

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BASE BID BREAKDOWN The above base bid consists of the following line items which include cost of fees, insurance, and bonds proportionately: 1. The cost of transporting construction materials to the site as herein indicated, and transport and disposal of demolition and construction debris/refuse is: ________________________________ dollars ($ ) , which includes, labor, packaging, vessels, and all pertinent aspects of materials. 2. The cost of removal, cleaning, storage and re-installation of existing masonry and installation of new masonry to match existing herein indicated is: dollars ($ ), which includes labor, packaging, vessels, and all pertinent aspects of materials. 3 The cost of temporary support of existing masonry to remain and temporary support of existing structural elements to remain is dollars ($ ) 4. The cost of permanent structural steel installation is: dollars ($ ) 5. All other costs attributable to completion of this project whether on or off site is dollars ($ ) consisting of (state nature of other costs on separate sheet) 5. Notice to Contractors: The sum of line items 1 through 5 inclusive shall be equal to the base bid. UNIT COSTS The City of Portsmouth, a municipal government, is exempt from state and federal taxes. All applicable taxes, fees, insurances, and bonds shall be included in the bids herein stated in words and figures. (In case of discrepancy, words govern.) The undersigned understands the City of Portsmouth reserves the right to reject any and all Bid Proposals and waive any informalities or irregularities therein. Within four (4) business days after receipt of the signed contract for the amount of this Bid Proposal, the undersigned will execute said agreement and deliver performance bond and all required submittals.

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The undersigned waives all rights to withdraw this Bid Proposal for sixty (60) days. The undersigned is duly authorized to execute the Contract Signature: Name (print): Title: Telephone Number:

END OF BID PROPOSAL

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2.1 Bid Envelope Bids shall be sealed in an envelope with the words “BID PROPOSAL FOR MODIFICATIONS TO PORTSMOUTH FIRE STATION 1, PROJECT NO 08—001” written thereon. Such envelope shall be enclosed in a second envelope addressed to the City of Portsmouth. This second (outside) envelope shall also be additionally labeled “BID PROPOSAL FOR MODIFICATIONS TO PORTSMOUTH FIRE STATION 1, PROJECT NO. 08—001.” 3.0 Owner—Contractor Agreement Form EJCDC Document C700-2002 shall be utilized, a copy of which is available for review at the office of the City of Portsmouth Department of Public Works. General Conditions of the Contract are included in this EJCDC document and shall apply. 3.1 Performance Bond A performance bond for the full Contract amount shall be provided to the City. 3.2 Substantial Completion Date All work shall be completed by _____________, 2008. A penalty of $500. per day may be imposed by the City if the work is not completed on or before _______________, 2008. 3.3 Payment Upon Completion Payment shall be made upon completion of the work and in accordance with the General Conditions of EJCDC C700-2002. 3.4 Insurance Contractor shall submit certificate of builder’s risk and liability insurance subject to the City’s approval prior to commencement of work. 4.0 Temporary Facilities and Safety Contractor shall provide all temporary facilities and utilities subject to City’s approval. Contractor shall comply with all local, state, and federal safety requirements. 5.0 Scope of Work The project as specified constitutes work included. See Part I of the specifications for a Project Description.

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5.1 Unit Costs A. Unit cost for new brick matching the color, texture and properties of existing brick shall be stated in the bid proposal with an estimate of quantity anticipated for introduction of new brick. 6.0 Contractor’s Qualifications Statement 6.1 The facility is located in Portsmouth Historic District A. Interested Contractors shall include, attached to bid form, a brief signed statement on Contractor’s letterhead indicating the Contractor is familiar with restoration work on historic structures. Submit five (5) examples and references on similar projects completed within the past ten (10) years. Indicate the following: A. Contractor’s Qualifications Statement Date_________ of: (enter Company name)

The undersigned submits the following five (5) projects as exemplary of our qualifications to perform all work indicated in the Contract Documents for the Modification to Portsmouth Fire Station 1. The undersigned is duly authorized to execute the Contract and hereby acknowledges this Company’s familiarity with restoration work on historic structures and has completed the following projects which are similar to that indicated above.

Signature:

Name (print) :

Title:

Telephone Number:

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Similar Projects Include: Project Name: Location: Date: (Work Completed) Brief Scope of Work: Reference: Client Contact: (Phone Number):

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EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.

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STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly By

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ___________________

AMERICAN COUNCIL OF ENGINEERING COMPANIES

___________________

AMERICAN SOCIETY OF CIVIL ENGINEERS

This document has been approved and endorsed by

The Associated General Contractors of America

Construction Specifications Institute

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Copyright ©2002

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314

American Council of Engineering Companies

1015 15th Street, N.W., Washington, DC 20005

American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition).

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TABLE OF CONTENTS

Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.................. ...... . ..... ..................... .. ..................................................6

1.01 Defined Terms...................................................... .. ............ .............. ...... ..... .......................................................6 1.02 Terminology ..................................................... .. .. ... .................. .... ........ ............................................................8

ARTICLE 2 - PRELIMINARY MATTERS ............... . ... ....... ............. .. .. .. ..........................................................................9 2.01 Delivery of Bonds and Evidence of Insurance .. ............ ......... . .. ..........................................................................9 2.02 Copies of Documents .................... ............................ ...... .. .. ...............................................................................9 2.03 Commencement of Contract Times; Notice to Proceed ..........................................................................................9 2.04 Starting the Work .................. ...... ........................... ...............................................................................................9 2.05 Before Starting Construction . . ................ ... .. .......................................................................................................9 2.06 Preconstruction Conference ........... ... .... ..............................................................................................................9 2.07 Initial Acceptance of Schedules .. .. . . ...... ..............................................................................................................9

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................................................10 3.01 Intent . .. .. ................... .. ..... .... . .........................................................................................................................10 3.02 Reference Standards .. . .........................................................................................................................................10 3.03 Reporting and Resolving Discrepancies ................................................................................................................10 3.04 Amending and Supplementing Contract Documents..............................................................................................11 3.05 Reuse of Documents ...............................................................................................................................................11 3.06 Electronic Data......................................................................................................................................................11

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................11

4.01 Availability of Lands ......................................................................................................................... . ..................11 4.02 Subsurface and Physical Conditions............................................................................................... ......................12 4.03 Differing Subsurface or Physical Conditions ..................................................................... ....... ........ ........... . ...12 4.04 Underground Facilities................................................................................................... .. .. ... .. . ............... . .. ..13 4.05 Reference Points ....................................................................................................... ... ....... ..................... ... .... .13 4.06 Hazardous Environmental Condition at Site ................................................... ........ ... . ............. . ... .. . ............13

ARTICLE 5 - BONDS AND INSURANCE ................................................................. ... ..... .................. .. ...... ... . ..............14 5.01 Performance, Payment, and Other Bonds............................................ .. .. ..... ............... ... .. . . ..........................14 5.02 Licensed Sureties and Insurers ...................................................... ............. ................... . ........ ..........................15 5.03 Certificates of Insurance......................................................... .. ...... .................. ...... .. .. . ..................................15 5.04 Contractor’s Liability Insurance ........................................... ...... .. ............. . .. . .... . .........................................15 5.05 Owner’s Liability Insurance ....................................... ... ... .. . . ..................... ...................................................16 5.06 Property Insurance ................................................. . . . .. . .. .............. .... ....... ...................................................16 5.07 Waiver of Rights............................................. .. .... ... .... .............. .... ....... .........................................................17 5.08 Receipt and Application of Insurance Proceeds . ..... ........... .... ... .. ....................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .. ........ ... ......................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer ...... ..............................................................................18

ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES...... . . ...... . ......................................................................................18 6.01 Supervision and Superintendence ............... .... ..... ..... ........................................................................................18 6.02 Labor; Working Hours .. ......... . .................... ......................................................................................................18 6.03 Services, Materials, and Equipment. . . . ......... .....................................................................................................18 6.04 Progress Schedule..... ............... ... .... ... .. ...........................................................................................................18 6.05 Substitutes and “Or-Equals” .................................................................................................................................19 6.06 Concerning Subcontractors, Suppliers, and Others...............................................................................................20 6.07 Patent Fees and Royalties.. ...................................................................................................................................21 6.08 Permits .............. ...... .. .........................................................................................................................................21 6.09 Laws and Regulations ............................................................................................................................................21 6.10 Taxes ... .. ..... .. .... .................................................................................................................................................22 6.11 Use of Site and Other Areas...................................................................................................................................22 6.12 Record Documents .................................................................................................................................................22 6.13 Safety and Protection .............................................................................................................................................22 6.14 Safety Representative .............................................................................................................................................23 6.15 Hazard Communication Programs ........................................................................................................................23

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6.16 Emergencies...........................................................................................................................................................23 6.17 Shop Drawings and Samples .................................................................................................................................23 6.18 Continuing the Work ..............................................................................................................................................24 6.19 Contractor’s General Warranty and Guarantee....................................................................................................24 6.20 Indemnification ...................................................................................... . .............................................................24 6.21 Delegation of Professional Design Services ................................. ........ ................... ..........................................25

ARTICLE 7 - OTHER WORK AT THE SITE ............................................ ....... ... ............... ........... . .................................25 7.01 Related Work at Site.............................................................. .. .. .. ............. ...... .. ... . ........................................25 7.02 Coordination ................................................................ ...... . ..... ..................... .. ................................................26 7.03 Legal Relationships.............................................. .. ............ .............. ...... ..... .....................................................26

ARTICLE 8 - OWNER’S RESPONSIBILITIES ................ .. .. .. .................. .. . ........ ..........................................................26 8.01 Communications to Contractor................ . ... ....... ............. .. .. .. ........................................................................26 8.02 Replacement of Engineer .................. . .. . ........ ............ ......... . .. ........................................................................26 8.03 Furnish Data................................. ............................ ...... .. .. .............................................................................26 8.04 Pay When Due ........................ .......................... .......... ........................................................................................26 8.05 Lands and Easements; Reports and Tests ................ .............................................................................................26 8.06 Insurance ........................ .. . . . ................ ... .. .....................................................................................................26 8.07 Change Orders....... .. . ... .............. ... .... ............................................................................................................26 8.08 Inspections, Tests, and Approvals.. . . ...... ............................................................................................................26 8.09 Limitations on Owner’s Responsibilities ...............................................................................................................27 8.10 Undisclosed Hazardous Environmental Condition ................................................................................................27 8.11 Evidence of Financial Arrangements.....................................................................................................................27

ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION.....................................................................................27 9.01 Owner’s Representative .........................................................................................................................................27 9.02 Visits to Site ......... .................................................................................................................................................27 9.03 Project Representative ...........................................................................................................................................27 9.04 Authorized Variations in Work ..............................................................................................................................27 9.05 Rejecting Defective Work.......................................................................................................................................27 9.06 Shop Drawings, Change Orders and Payments................................................................................ . ..................28 9.07 Determinations for Unit Price Work............................................................................................... ......................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................ ....... ........ ........... . ...28 9.09 Limitations on Engineer’s Authority and Responsibilities .............................................. .. .. ... .. . ............... . .. ..28

ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .............................................................. ... ....... ..................... ... .... .28 10.01 Authorized Changes in the Work ..................................................................... ........ ... . ............. . ... .. . ............28 10.02 Unauthorized Changes in the Work ........................................................... ... ..... .................. .. ...... ... . ..............29 10.03 Execution of Change Orders................................................................ .. .. ..... ............... ... .. . . ..........................29 10.04 Notification to Surety ..................................................................... ............. ................... . ........ ..........................29 10.05 Claims ..................................................................................... .. ...... .................. ...... .. .. . ..................................29

ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK.......... . .. . .... . .........................................30 11.01 Cost of the Work ......................................................... ... ... .. . . ..................... ...................................................30 11.02 Allowances .............................................................. . . . .. . .. .............. .... ....... ...................................................31 11.03 Unit Price Work ............................................. .. .... ... .... .............. .... ....... .........................................................31

ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.....................................................32 12.01 Change of Contract Price .................... ........... ................ ........ ... ......................................................................32 12.02 Change of Contract Times ........... .. .. .. ..... ............ . .. ....... ..............................................................................33 12.03 Delays .................................... .... .... . .. ............ . . .. ... . ......................................................................................33

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33 13.01 Notice of Defects ...... .. .. ......... . .................... ......................................................................................................33 13.02 Access to Work.... . ... ........ ............ . . . ......... .....................................................................................................33 13.03 Tests and Inspections ............... ... .... ... .. ...........................................................................................................33 13.04 Uncovering Work .... ........... .................................................................................................................................34 13.05 Owner May Stop the Work . .. ... ........................................................................................................................34 13.06 Correction or Removal of Defective Work .............................................................................................................34 13.07 Correction Period ..... .. .........................................................................................................................................34 13.08 Acceptance of Defective Work ...............................................................................................................................35 13.09 Owner May Correct Defective Work......................................................................................................................35

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ..............................................................................36 14.01 Schedule of Values .................................................................................................................................................36 14.02 Progress Payments.................................................................................................................................................36 14.03 Contractor’s Warranty of Title ..............................................................................................................................37 14.04 Substantial Completion ..........................................................................................................................................37

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14.05 Partial Utilization ..................................................................................................................................................38 14.06 Final Inspection .....................................................................................................................................................38 14.07 Final Payment........................................................................................................................................................38 14.08 Final Completion Delayed .....................................................................................................................................39 14.09 Waiver of Claims ................................................................................... . .............................................................39

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION................ ........ ..............................................................39 15.01 Owner May Suspend Work........................................................ ....... ... ............... ........... . .................................39 15.02 Owner May Terminate for Cause.......................................... .. .. .. ............. ...... .. ... . ........................................39 15.03 Owner May Terminate For Convenience..................... ...... . ..... ..................... .. ................................................40 15.04 Contractor May Stop Work or Terminate ............ .. ............ .............. ...... ..... .....................................................40

ARTICLE 16 - DISPUTE RESOLUTION.......................... .. .. ... .................. .... ........ ..........................................................41 16.01 Methods and Procedures ......................... . ... ....... ............. .. .. .. ........................................................................41

ARTICLE 17 - MISCELLANEOUS.................... . .. . ........ ............ ......... . .. ........................................................................41 17.01 Giving Notice ................................ ............................ ...... .. .. .............................................................................41 17.02 Computation of Times ............. .......................... .......... ........................................................................................41 17.03 Cumulative Remedies............ ...... ........................... .............................................................................................41 17.04 Survival of Obligations ... .. . . . ................ ... .. .....................................................................................................41 17.05 Controlling Law ..... .. . ... .............. ... .... ............................................................................................................41 17.06 Headings ...... . ..... .. . ................. .. . . ...... ............................................................................................................41

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GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements.

9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim- A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor’s submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times -The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com-plete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work--See Paragraph 11.01.A for definition. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement.

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20. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations, ordinanc-es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple-tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con-tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed 30. PCBs--Polychlorinated biphenyls 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.

32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle-ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho-rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40 Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain

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administrative requirements and procedural matters applicable thereto. 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli-er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times

but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered”, “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents C. Day 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer’s -recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05).

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E. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “pro-vide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F Unless stated otherwise in the Contract Docu-ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement

or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com-mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi-vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

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1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu-ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula-tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or

responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon-sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu-ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:

a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work

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(unless such an interpretation of the provisions of the Contract Documents would result in viola-tion of such Law or Regulation).

3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer’s consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3 05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s

sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

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4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur-face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec-tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03.

2 Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:

a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo-ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or

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c. Contractor failed to give the written notice as required by Paragraph 4.03.A.

3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup-plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:

a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under-ground Facilities and repairing any damage thereto resulting from the Work.

B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will

promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under-ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to:

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1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop-page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to

entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse-quences of that individual’s or entity’s own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified

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in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa-nies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor’s Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection

from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus-tained:

a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason;

5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5 04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple-mentary Conditions, all of whom shall be listed as addi-tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater;

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3. include completed operations insurance; 4. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur-ance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment.

a. Contractor shall furnish Owner and each other additional insured identified in the Supple-mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter.

5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple-mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;

2. be written on a Builder’s Risk “all-risk” or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi-cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi-cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor-dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any

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deductible amounts that are identified in the Supple-mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple-mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for:

1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract

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Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14 05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin-tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or

received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu-ments. Contractor shall at all times maintain good disci-pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below.

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1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust-ments will comply with any provisions of the General Re-quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment Engineer determines that:

1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and

b. Contractor certifies that, if approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times, and

2) it will conform substantially to the detailed requirements of the item named in the Contract Documents.

2. Substitute Items

a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application:

1) shall certify that the proposed substi-tute item will:

a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified;

2) will state:

a) the extent, if any, to which the use of the proposed substitute item will preju-dice Contractor’s achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu-ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and

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c) whether or not incorporation or use of the proposed substitute item in con-nection with the Work is subject to payment of any license fee or royalty;

3) will identify:

a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services;

4) and shall contain an itemized esti-mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change,

B. Substitute Construction Methods or Proce-dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract

Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon-tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason-able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti-tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual

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or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per-forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica-tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro-priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer,, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.

B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple-mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica-ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.

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6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip-ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com-pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi-neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau-tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3 other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw-

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ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi-nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec-tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor-dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings

a. Submit number of copies specified in the General Requirements.

b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D.

2. Samples Contractor shall also submit Samples to Engineer for review and approval in accor-dance with the acceptable schedule of Shop Drawings and Sample submittals.

a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.

B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified:

a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents.

2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents

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with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing’s or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit-ted to Engineer for review and approval of each such variation. D. Engineer’s Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu-ments. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con-struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor-rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or

disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub-contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3 the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil-ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or

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arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ-ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed 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 Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con-tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and

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properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi-tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili-ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s action or inactions.

ARTICLE 8 - OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A Owner’s responsibilities, if any, in respect to purchasing and maintaining liability and property insur-ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B.

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8.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undis-closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents, Owner’s responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsi-bilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter-vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep

Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu-ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed.

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9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show

partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon-sible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require-ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi-bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall

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promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3 04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri-ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2 approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial.

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F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay-ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and

Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte-nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor-mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip-ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have

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resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain.

B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor-neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall

be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that:

a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

C. Contingency Allowance

1 Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

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B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi-cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica-tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an

allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive.

12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted

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by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat-ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13 01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13 02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1 for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con-tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to

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be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13 06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom.

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B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re-moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10 05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner.

13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take posses-sion of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid-ed in Paragraph 2.07.A will serve as the basis for progress

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payments and will be incorporated into a form of Applica-tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

a. the Work has progressed to the point indicat-ed;

b. the quality of the Work is generally in accor-dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi-bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse-quently discovered evidence or the results of subsequent

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inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, or completed Work has been damaged, requiring correction or replace-ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A

C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02 D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because:

a. claims have been made against Owner on account of Contractor’s performance or furnish-ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14 02.B.5.c or Paragraph 15.02.A.

2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner’s satisfaction the reasons for such action.

3. If it is subsequently determined that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14 04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct-ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen-dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial

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Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following condi-tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan-tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals

that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 14 07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations

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under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat-ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14 08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, 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 to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance

with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust-ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and

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3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be

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governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05 D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or

2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula-tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran-ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu-ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17 06 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

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PENAL SUM FORM

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee.

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BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

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PENAL SUM FORM

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee.

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1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4 Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

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EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee.

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PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number:

Date (Not earlier than Effective Date of Agreement):

Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary.

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Page 2 of 2

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner’s right, if any, subsequently to declare a Contractor Default; and

2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and

2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense, take one of the following actions:

3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent

contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract

for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefor.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3 3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

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Page 3 of 3

5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and

resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages

caused by delayed performance or non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the 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 Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. 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 Contractor Default or within two years after Contractor ceased working or within two years after 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. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10 When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions.

11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ONLY – (Name, Address and Telephone) Surety Agency or Broker: Owner’s Representative (Engineer or other party):

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EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee.

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PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business)

OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number:

Date (Not earlier than Effective Date of Agreement):

Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary.

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1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due

4. Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2 Claimants who do not have a direct contract with Contractor:

1 Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance.

6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety’s expense take the following actions:

6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2 Pay or arrange for payment of any undisputed amounts.

7. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety.

8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner’s priority to use the funds for the completion of the Work.

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9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, 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 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.

12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. Definitions

15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. 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 Contract, architectural and engineering services required for performance of the Work of Contractor and 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.

15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto

15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ONLY – (Name, Address, and Telephone) Surety Agency or Broker: Owner’s Representative (Engineer or other):

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MODIFICATION TO PORTSMOUTH FIRE STATION 1 January 2008 PORTSMOUTH, NH

SUMMARY OF WORK

SECTION 01010

SECTION 01010 SUMMARY OF WORK

PART 1 - GENERAL 1.01 REFERENCES A. Work included to be performed under this contract shall include all work described

in the following sections. B. Cooperate and coordinate with all trades in executing the work described herein. C. The materials and workmanship to be provided, including all accessories, shall

conform with all local, State and Federal statues, regulations and safety codes, and applicable test procedures of the following organizations: Publications and amendments current edition referenced, as of the date of issue of these specifications, shall be applicable.

1. American Society for Testing and Materials (ASTM) 2. 2006 International Building Code 3. American National Standards Institute (ANSI) 4. Federal Specifications (F.S.) 5. Underwriters’ Laboratories (UL) 6. National Board of Fire Underwriters (NFBU) 7. Factory Mutual (FM) 8. Portland Cement Association (PCA) 9. National Fire Protection Association (NFPA) 1.03 SCOPE A. The general scope of work to be performed under this contract is as follows:

1. Provide all labor, equipment, transportation, supervision and materials necessary to replacement of six overhead doors; widening of four apparatus entryways and improving overhead clearance between column lines 2 and 3.

2. Provide all work indicated or reasonably implied in the Contract Specifications

to accomplish thorough completion of the work. B. The work shall consist of, but not necessarily be limited to the following:

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SUMMARY OF WORK

SECTION 01010

1. The work consists of replacement of six overhead doors with replicas of original historic carriage house doors; widening of four apparatus entryways; removal of five structural brick masonry pilasters; replacement of masonry pilasters with structural steel columns; providing temporary support of brick façade to remain; replacement of four lintel beams; replacement of overhead structural steel on column line D between column lines 2 and 3; rebuilding of brick masonry around structural steel to match existing adjacent masonry; cleaning of existing masonry; disposal of all construction materials, refuse and debris.

2. Contractor shall be responsible for paying all fees and acquiring all permits,

as required 3. Contractor shall provide transport of all materials and labor to and from the

project site and be responsible for site security during the construction period, unless indicated otherwise by City.

5. Perform all related work necessary to accomplish the work described herein.

Clean work site daily as work progresses. 7 Achieve substantial completion of the work no later than __________, 2008,

and final completion no later than ________, 2008. C. This contract does not include the following:

1. Asbestos and hazardous material demolition, handling and removal All hazardous material related work is the responsibility of the City

D. Contractor is advised to refer to detailed work descriptions outlined in the Technical

Sections of this Specification to obtain the full description of work. 1.05 JOB CONDITIONS A. Schedule of work shall be coordinated with the City of Portsmouth, Station 1 Fire

Chief to minimize disruption to Contractor operations. The facility will be occupied during construction and must remain accessible to Fire Department personnel. Project security shall be the Contractor’s responsibility during the construction period. City Police shall be notified to assist in this regard. The interruption of any utility or service shall be scheduled and the Contractor shall notify the City 48 hours in advance of any such interruption and shall proceed only on the City’s approval.

B. Before submitting proposal, Contractor shall visit the site, examine its condition,

and thoroughly acquaint himself with the obstacles and advantages for performing the work. Contractor shall also study the specifications of the work to be performed and compare them with the information gathered by the examination of the site.

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SUMMARY OF WORK

SECTION 01010

1.06 QUALITY ASSURANCES A. Acceptance of Installation Conditions:

1. Contractor shall be fully responsible for the proper execution and performance of the work described herein. It shall be his responsibility to inspect all installation conditions which may affect his work adversely. He shall report to the Engineer in writing prior to commencing any portion of his work, any failure to provide suitable installation conditions for each portion of the work. Commencement of work by Contractor will be considered as unqualified acceptance of installation conditions.

2. Coordinate work with all trade subcontractors to ensure conformance to

applicable tolerances for proper and complete installations of all work. B. Product Acceptance Standards:

1. Where the words “or approved equal” or other synonymous terms are used, it is expressly understood that they shall mean that the acceptance of any such submission is vested in the Engineer whose decision shall be final and binding upon all concerned. All submissions are subject to such review.

C. Review of Non-Specified Products:

1. For acceptance of products other than those specified, Contractor shall submit written approval from the selected vendor that such products will fully preserve manufacturer’s material warranty coverage. Approval documentation shall clearly define and describe the product for which approval is obtained and shall be accompanied by manufacturer’s literature, specifications, drawings, cuts performance data, list of reference of other information necessary to completely describe the item.

2. Substitutions will not be considered if their implementation requires a

substantial revision of the Contract Documents in order to accommodate their use.

D. Manufacturer’s Insignia or Identification:

1. The installation of any item, element or assembly which bears on any exposed finish surface any name, trademark, or other insignia which is intended to identify the manufacturer, the vendor, or other resources from which such object has been obtained is prohibited. Also forbidden is the installation of any articles which bear visible evidence that an insignia, name or other device, has been removed.

E: Contractor’s Insignia or Identification:

1. Contractor shall not be permitted display and/or install any sign, item, element or assembly which bears any name, trademark, or other insignia

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SUMMARY OF WORK

SECTION 01010

which is intended to identify the Contractor, subcontractors, vendors, or other resources.

1.07 SUBMITTALS A. Submit all data, catalogue cuts, samples required for Engineer review and approval

prior to commencement of installation. All submittals shall be made within four (4) days following written bid acceptance.

B. Product manufacturer’s written recommendations, installation manuals and

schedules. F. Samples. 1. Samples of all clay and glazed brick materials showing color, texture and

appearance compared to existing masonry to remain; paint colors, and overhead door materials shall be submitted to the Engineer for review in accordance with the requirements state herein.

2. Painted coatings shall be of colors approved by the Engineer. 1.08 GUARANTEES A. Bid submission is the Contractor’s implicit certification that he has read and is

familiar with the codes, reference materials, installation manuals, guidelines and other requirements cited in this specification and on the plans. The Contractor shall guarantee material and workmanship to be compatible and suitable for the purpose specified herein. If any material provided hereunder shall within three years from date of substantial completion be found to be inadequate or defective as to installation, material or workmanship, the Contractor shall replace same at no expense to the City. Additional guarantees may be indicated in the individual specification sections.

B. Correction of Defective Work:

1. Should the work under this contract be found defective in materials or workmanship, it shall be corrected in accord with the following provisions: If, within three years after the date of substantial completion or within such longer period of time as may be prescribed by the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the City. The City shall give such notice promptly after discovery of the condition. If exploratory work is required to determine the cause of the defects, the cost of this work shall be borne by the Contractor. The Contractor shall be responsible for continuing corrections to defective work beyond the guarantee period if initial corrective measures were executed per the requirements as noted above but later found to be inadequate or not acceptable after the specified guarantee period.

END OF SECTION

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CONTRACTOR FURNISHED ITEMS

SECTION 01016

SECTION 01016 CONTRACTOR FURNISHED ITEMS

PART 1 - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE A. Summary of Work - Section 01010 1.02 GENERAL ITEMS TO BE SUPPLIED BY THE CONTRACTOR

The Contractor shall supply everything necessary to complete the work called for in these specifications and as described in Section 01010.

A. It shall be the Contractor’s responsibility to repair or replace any damage to permanent surfaces or finish materials caused by removal or construction activities

B. All tools, equipment, hoists, scaffolds, safety equipment, and other incidental

items required to complete the job. C. All permits and licenses required by law to carry out the work. D. Transportation of all equipment and material to the site, unless indicated

otherwise by City, and unloading, storing, protecting and erection of those materials.

E. It is the Contractor’s responsibility to furnish security as required for the

protection of the work of this contract and his own equipment and materials until the time of final acceptance of the work by the City.

F. Sole responsibility for protection of existing facilities, new work, the public, etc.,

lies with the Contractor. He shall carefully plan all work and erect all required temporary moisture protection, shoring, barriers, barricades, closures, drop cloth etc., as required to protect existing facilities, new work, grounds and landscape, and the public, and maintain such protective devices in proper condition for the duration of the contract

END OF SECTION

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COORDINATION AND PHASING

SECTION 01040

SECTION 01040 COORDINATION AND PHASING

PART 1 — GENERAL 1.01 COORDINATION AND PHASING A. Initiate Project Meetings coordinating procedures before work in the field begins.

Portsmouth Fire Station will be occupied during construction. Access to second floor level and remaining apparatus floor space not under construction in a specific phase shall be maintained in service for fire apparatus and personnel. Schedule and coordinate work with City’s Fire Department representative to minimize delays. Resolve schedule, sequencing, interfacing, and priorities of simultaneous work among involved parties to advance the Project’s planned progress and achieve specified results with special regard to protection of new roofing materials.

B. Strategies for expediting completion of the work include the following: 1 Phasing to control disruption to planned progress and contain disruption within pre-

determined limits. 2. Pre-purchase of all materials is intended to minimize delays during construction. 3. An area suitable for location of a project superintendent trailer and/or an

equipment/material trailer, shall be provided by the City of Portsmouth at the Contractor’s request.

C. Continue coordinating procedures by actively controlling job conditions as follows: 1. Verify that products are stored in orderly fashion, under conditions complying with

manufacturer’s instructions and/or these specifications, and at planned locations. 2. Verify that environmental conditions before, during, and after execution of work

comply with industry standards and/or these specification. 3. Verify that tolerances and clearances are maintained as work progresses. 4. Inspect job conditions continuously and in compliance with these specifications.

Allow no work to proceed until unsatisfactory conditions, which would prevent execution of new work, are corrected.

5. Notify the Engineer forty eight (48) hours prior to required project inspections as

indicated in the specifications sections, and Contractor’s approved work schedule. Failure to provide such notification may result in removal and re-installation of work in order to provide Engineer an unobstructed view of elements subject to inspection, all of which shall be at no additional cost to the City.

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SECTION 01040

1.02 EXISTING UTILITIES, INTERRUPTIONS A. Where connections or other work specified in the Contract necessitates an

interruption of any service, first make the necessary arrangements for each interruption of service with the City and responsible Public Utility. Notify the City’s Representative at least seventy-two (72) hours in advance of intent to connect, disconnect, turn on, or turn off any utility services. The City will turn off facilities and other services required for those existing utilities under the exclusive control of the City. Interruptions in City services will occur during normal working hours wherever possible as approved by the City If the City requires interruptions in services to occur on weekends or at night as approved by the City, it shall be done at no additional cost to the City.

B. Modifications, extension, and/or tests of the City’s existing utility service systems

will be done under the observation of the City’s Representative. C. Provide all necessary labor, materials and equipment to make necessary

disconnections and connections as required. D. Provide advanced notice to public utility companies as required by law, and provide

proper disposition of all existing pipe lines, conduits, sewers, drains, poles, wiring, and other utilities that in any way interfere with the work. Immediately notify the City and appropriate authorities when coming across unknown utility lines, and await decisions as to disposition of same. When an existing utility line must be cut and plugged or capped, moved, or relocated, or has become damaged, notify the City and the Utility Company involved, and assure protection and support Upon approval by the Utility Company, move the utilities to adjust with the new work. Be responsible for protection of and all damage caused to existing, active utilities under the work of this Contract, wherever shown or noted in other documents/records available to the Contractor.

1.03 DISRUPTIONS A. Contractor shall schedule forty eight (48) hours ahead of time with the City all work

which will disrupt the normal operation of the City’s existing facilities. Disruption includes noise, work activities within an occupied area, or interruption of utilities or services.

PART 2 - INSTALLATION 2.01 DEBRIS, CHUTES, AND DROP CLOTHS A. Plastic sheeting, drop cloths and all other necessary means shall be neat in

appearance and utilized by the Contractor to minimize dispersal of dust and debris on or about the project site and to minimize air borne particulate dispersal.

B. Clean as work progresses and at end of each work day.

END OF SECTION

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SUBMITTALS 01300

SECTION 01300 SUBMITTALS

PART 1 - GENERAL 1.01 CONSTRUCTION SCHEDULES A. Prepare a detailed schedule in a bar chart or Critical Path Management format and

arrange in the order of occurance for the start of each work item. Divide the chart into weekly segments.

B. Include the following activities 1. Project and or system start and completion date. 2. Major element construction and completion date. 3 Substantial completion date. 4. Final completion date. C. Identify the scheduled percentage complete for the total project beginning the first

day of each week. D. Identify any special construction phasing required to coordinate Contractor/City

operation needs. E. Identify required Engineer inspections as indicated herein F. Furnish a sub schedule to define critical portions of entire schedule as applicable. G. Submit one copy to City and one copy to Engineer. H. Upon review by all concerned parties, revise the schedule, as necessary within two

(2) calendar days as requested and distribute two (2) copies to each the City and Engineer.

1.02 SUBMITTAL REVIEW SCHEDULE A. Submit to the Engineer within four (4) calendar days after bid acceptance all

required submittals. B. Include the following items:

1. Submit copies of product data sheets, and samples for each type of masonry material to be used on the project.

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SUBMITTALS 01300

2. Submit work schedule, including expected starting and ending dates, as well as anticipated work progress milestones. Float time for weather related delays is to be included in schedule.

3. Submit roster of personnel to be working on project.

4. Submit listing of equipment to be utilized.

5. Submit means and method of accessing site so as to not impair ongoing Fire Department operations.

6. Submit means and method for proper, legal debris disposal, daily site clean-up, and control of debris during construction operations.

7. Installation manuals

8. Material ordering dates.

9. Product site delivery or receipt dates. 1.04 PRODUCT DATA, AND SAMPLES A. Submit manufacturers product data to the Engineer in packets of two (2) copies

each minimum for distribution and filing as Engineer may prescribe and one (1) copy to the City. Accompany each submission with an appropriate transmittal form. Attach a properly completed Submittal Form with Submittal Number for each individual product type. Include complete manufacturers specifications, spec. data, performance data, certified laboratory testing report data, installation nstructions health and safety precautions, and maintenance instructions, and show illustrated capacities, characteristic, controls, and other pertinent information for complete product use and description. If more than one product size or type is shown on any printed sheet, indicate clearly the intended items(s) for review.

B. When rejected or revision required, the Engineer and/or City will retain one copy

and return to the Contractor one copy. C. For the purpose of this Section, the term “samples” shall include requirements for

models and templates. D. Provide and submit samples to the Engineer by or through the Contractor only.

Samples “rejected” or designated as “resubmit” shall be picked up at the Engineer’s office in a timely fashion or will be disposed of. Resubmit new samples.

E. Submit samples in duplicate unless otherwise specified and clearly identify.

Accompany each with an appropriate transmittal form and Submittal Form. Provide each sample type with an individual project Submittal Number.

F. Identify on each sample the following information:

1. Project Submittal Number.

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SUBMITTALS 01300

2. Project Name or Number. 3. Submission Date.

1.05 SUBMITTAL - PRODUCT DESCRIPTION

A. Complete information on the Form accurately from information in the Contract Documents for each individual product, manufacturer’s product data, and product sample. Include it with the submittal to the Engineer for review.

END OF SECTION

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PHOTOGRAPHIC DOCUMENTATION SECTION 01322

SECTION 01322 PHOTOGRAPHIC DOCUMENTATION

PART 1 -GENERAL 1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and

Supplementary Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes administrative and procedural requirements for the following: 1. Preconstruction photographs. 2. Periodic construction photographs. 3. Final Completion construction photographs.

B. Related Sections include the following:

1. Division 1 Section "Submittals" for submitting photographic documentation.

1.3 ALLOWANCE

A. Costs: Photographer's services are included under the cash allowance for construction photographs established in Division 1 Section "Allowances "

1.4 UNIT PRICES

A. Basis for Bids: Base number of construction photographs on four photographs

per week over the duration of Project 1.5 SUBMITTALS

A. Qualification Data: For photographer.

B. Key Plan: Submit key plan of Project site and building with notation of vantage

points marked for location and direction of each photograph. Indicate elevation of construction. Include same label information as corresponding set of photographs.

C. Construction Photographs: Submit two prints of each photographic view within

seven days of taking photographs.

1. Format 8-by-10-inch (203-by-254-mm) smooth-surface matte prints on single-weight commercial-grade photographic paper, enclosed back to back in clear plastic sleeves that are punched for standard 3-ring binder.

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2. Identification: On back of each print, provide an applied label or rubber-stamped impression with the following information:

a. Name of Project. b. Name and address of photographer c. Name of Engineer and Construction Manager d. Name of Contractor. e. Date photograph was taken if not date stamped by camera. f. Description of vantage point, indicating location, direction (by compass

point), and elevation or story of construction. g. Unique sequential identifier.

1. Negatives: Submit a complete set of photographic negatives in individually

protected negative sleeves as a Project Record Document. Identify negatives with label matching photographic prints.

2. Digital Images: Submit a complete set of digital image electronic files as a Project

Record Document on CD-ROM. Identify electronic media with date photographs were taken. Submit images that have same aspect ratio as the sensor, uncropped.

3 Transcript: Prepared on 8-1/2-by-11-inch (215-by-280-mm) paper, punched and

bound in heavy-duty, 3-ring, vinyl-covered binders. Mark appropriate identification on front and spine of each binder. Include a cover sheet with same label information as corresponding videotape. Include name of Project and date of videotape on each page.

1.6 QUALITY ASSURANCE

A. Photographer Qualifications: An individual who has been regularly engaged as a

photographer of construction projects for not less than three years

1.7 COORDINATION

A. Auxiliary Services: Cooperate with photographer and provide auxiliary services requested, including access to Project site and use of temporary facilities, including temporary lighting required to produce clear, well-lit photographs without obscuring shadows.

1.8 USAGE RIGHTS

A. Obtain and transfer copyright usage rights from photographer to City for unlimited reproduction of photographic documentation.

1.9 EXTRA PRINTS

A. Negatives: Photographer shall retain photographic negatives for three years after date of Substantial Completion. During this period, photographer shall fill orders by Engineer, or City for extra prints. Photographer shall price extra prints at prevailing local commercial prices.

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B. Extra Prints: If requested by Engineer, photographer shall prepare extra prints of photographs. Photographer shall distribute these prints directly to designated parties who will pay the costs for extra prints.

PART 2 -PRODUCTS 2.1 PHOTOGRAPHIC MEDIA

A. Digital Images: Provide images in uncompressed TIFF format, produced by a

digital camera with minimum sensor size of 6.0 megapixels, and at an image resolution of not less than 1600 by 1200 pixels.

PART 3 -EXECUTION 3.1 CONSTRUCTION PHOTOGRAPHS

A. Photographer: Engage a qualified photographer to take construction photographs.

B. General: Take photographs using the maximum range of depth of field, and that

are in focus, to clearly show the Work. Photographs with blurry or out-of-focus areas will not be accepted.

1. Maintain key plan with each set of construction photographs that identifies

each photographic location.

C. Film Images:

1. Date Stamp: Unless otherwise indicated, date and time stamp each photograph as it is being taken so stamp is integral to photograph.

2. Field Office Prints: Retain one set of prints of progress photographs in the

field office at Project site, available at all times for reference. Identify photographs same as for those submitted to Engineer.

D. Digital Images: Submit digital images exactly as originally recorded in the digital

camera, without alteration, manipulation, editing, or modifications using image-editing software.

1. Date and Time: Include date and time in filename for each image. 2. Field Office Images: Maintain one set of images on CD-ROM in the field

office at Project site, available at all times for reference. Identify images same as for those submitted to Engineer

E. Preconstruction Photographs: Before commencement of demolition take color,

digital photographs of Project site and surrounding properties, including existing items to remain during construction, from different vantage points, as directed by Engineer

.

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1. Flag construction limits before taking construction photographs. 2. Take a minimum of eight photographs to show existing conditions adjacent to

property before starting the Work.

3. Take a minimum of eight photographs of existing buildings either on or adjoining property to accurately record physical conditions at start of construction.

4. Take additional photographs as required to record settlement or cracking of

adjacent structures, pavements, and improvements. F. Periodic Construction Photographs: Take 12 color, digital photographs weekly,

with timing each month adjusted to coincide with the cutoff date associated with each Application for Payment. Select vantage points to show status of construction and progress since last photographs were taken.

G. Engineer Directed Construction Photographs: From time to time, Engineer will

instruct photographer about number and frequency of color, digital photographs and general directions on vantage points. Select actual vantage points and take photographs to show the status of construction and progress since last photographs were taken.

1. Frequency: Take photographs weekly, with timing each month adjusted to

coincide with the cutoff date associated with each Application for Payment. 2. Vantage Points: Following suggestions by Engineer and Contractor,

photographer to select vantage points. During each of the following construction phases, take not less than two of the required shots from same vantage point each time to create a time-lapse sequence as follows: a. Commencement of the Work, through completion of demolition. b. Above-grade structural framing. c. Exterior building masonry. d. Interior Work, through date of Substantial Completion.

I. Final Completion Construction Photographs: Take eight color photographs after

date of Substantial Completion for submission as Project Record Documents. Engineer will direct photographer for desired vantage points.

1. Do not include date stamp.

J. Additional Photographs: Engineer may issue requests for additional photographs,

in addition to periodic photographs specified. Additional photographs will be paid for by Change Order and are not included in the Contract Sum Three days' notice will be given, where feasible.

1. In emergency situations, take additional photographs within 24 hours of

request. 2. Circumstances that could require additional photographs include, but are not

limited to, the following:

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a. Special events planned at Project site. b. Immediate follow-up when on-site events result in construction damage or

losses. c. Photographs to be taken at fabrication locations away from Project site.

These photographs are not subject to unit prices or unit-cost allowances. d. Substantial Completion of a major phase or component of the Work. e. Extra record photographs at time of final acceptance. f. City's request for special publicity photographs.

END OF SECTION

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SPECIAL PROCEDURES FOR HISTORIC TREATMENT SECTION 01351

SECTION 01351 SPECIAL PROCEDURES FOR HISTORIC TREATMENT

PART 1 -GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, apply to this Section.

1.2 SUMMARY

A. This Section includes special procedures for historic treatment on Project including, but not limited to, the following:

1. Storage and protection of existing historic materials. 2. Temporary protection of historic materials during construction. 3. Protection during application of chemicals. 4. Protection during use of heat-generating equipment. 5. Historic treatment procedures. 6. Removal of bird excrement.


1. Division 1 Section "Photographic Documentation" for preconstruction photographs taken before historic treatment.

1.3 DEFINITIONS A. "Preservation": To apply measures necessary to sustain the existing form, integrity, and materials of a

historic property. Work may include preliminary measures to protect and stabilize the property.

B. "Rehabilitation": To make possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural values.

C. "Restoration": To accurately depict the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and the reconstruction of missing features from the restoration period.

D. "Reconstruction": To reproduce in the exact form and detail a building, structure, or artifact as it appeared at a specific period in time.

E. "Stabilize": To apply measures designed to reestablish a weather-resistant enclosure and the structural reinforcement of an item or portion of the building while maintaining the essential form as it exists at present.

F. "Protect and Maintain": To remove deteriorating corrosion, reapply protective coatings, and install

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protective measures such as temporary guards; to provide the least degree of intervention.

G. "Repair": To stabilize, consolidate, or conserve; to retain existing materials and features while employing as little new material as possible. Repair includes patching, piecing-in, splicing, consolidating, or otherwise reinforcing or upgrading materials. Within restoration, repair also includes limited replacement in kind, rehabilitation, and reconstruction, with compatible substitute materials for deteriorated or missing parts of features when there are surviving prototypes.

H. "Replace": To duplicate and replace entire features with new material in kind. Replacement includes the following conditions: 1. Duplication: Includes replacing elements damaged beyond repair or missing. Original material is

indicated as the pattern for creating new duplicated elements. 2. Replacement with New Materials: Includes replacement with new material when original material

is not available as patterns for creating new duplicated elements. 3. Replacement with Substitute Materials: Includes replacement with compatible substitute

materials. Substitute materials are not allowed, unless otherwise indicated. I "Remove": To detach items from existing construction and legally dispose of them off-site unless

indicated to be removed and salvaged or removed and reinstalled.

J. "Remove and Stockpile": To detach items from existing construction and store them to be ready for reuse.

K. "Remove and Reinstall": To detach items from existing construction, repair and clean them for reuse, and reinstall them where indicated.

L. "Existing to Remain" or "Retain": Existing items of construction that are not to be removed and that are not otherwise indicated to be removed and salvaged, or removed and reinstalled.

M. "Material in Kind": Material that matches existing materials, as much as possible, in species, cut, color, grain, and finish.

1.4 SUBMITTALS

A. Historic Treatment Program: Submit a written plan for each phase or process including protection of surrounding materials during operations. Describe in detail materials, methods, and equipment to be used for each phase of work.

B. Alternative Methods and Materials: If alternative methods and materials to those indicated are proposed for any phase of work, provide a written description including evidence of successful use on other, comparable projects, and program of testing to demonstrate effectiveness for use on this Project.

C. Qualification Data: For historic treatment specialists and supervisory personnel. Include list of completed projects with the scope of work and budget for each.

D. Photographs or Videotape: Show existing conditions of adjoining construction and site improvements, including finish surfaces, that might be misconstrued as damage caused by historic

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treatment operations. Submit to Engineer before work begins.

E. Record Documents: Include modifications to manufacturer's written instructions and procedures, as documented in the historic treatment preconstruction conference and as the Work progresses.


A. Historic Treatment Specialist Qualifications: A firm that employs personnel, including supervisory personnel, experienced and skilled in the processes and operations indicated.

B. Historic Treatment Preconstruction Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination."

1. Review manufacturer's written instructions for precautions and effects of products and procedures on building materials, components, and vegetation.

a. Record procedures established as a result of the review and distribute to affected parties. 1.6 STORAGE AND PROTECTION OF HISTORIC MATERIALS A. Removed and Salvaged Historic Materials:

1. Clean salvaged historic items. 2. Pack or crate items after cleaning. Identify contents of containers. 3. Store items in a secure area until delivery to City. 4. Transport items to City's storage area on-site as designated by City. 5. Protect items from damage during transport and storage. 6. Do not dispose of items removed from existing construction without prior written consent of City.

B. Removed and Reinstalled Historic Materials:

1. Clean and repair historic items to functional condition adequate for intended reuse. 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 Historic Materials to Remain: Protect construction indicated to remain against damage and

soiling during historic treatment. When permitted by Engineer, items may be removed to a suitable, protected storage location during historic treatment, cleaned and reinstalled in their original locations after historic treatment operations are complete.

D. Storage and Protection: When removed from their existing location, store historic materials within a weathertight enclosure where they are protected from wetting by rain, snow, or ground water, and temperature variations. Secure stored materials to protect from theft.

1. Identify removed items with an inconspicuous mark indicating their original location.

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1.7 PROJECT-SITE CONDITIONS

A. Exterior Cleaning and Repairing:

1. Proceed with the work only when forecasted weather conditions are favorable.

a. Wet Weather: Do not attempt repairs during rainy or foggy weather. Do not apply primer, paint, putty, or epoxy when the relative humidity is above 80 percent. Do not remove exterior elements of structures when rain is forecast or in progress.

b. Do not perform exterior wet work when the air temperature is below 40 deg F (5 deg C). c. Do not begin cleaning, patching, or repairing when there is any likelihood of frost or freezing. d. Do not begin cleaning when either the air or the surface temperature is below 45 deg F (7 deg

C) unless approved means are provided for maintaining a 45 deg F (7 deg C) temperature of the air and materials during, and for 48 hours subsequent to, cleaning.

2. Perform cleaning and rinsing of the exterior only during daylight hours.

B. City will occupy portions of building immediately adjacent to historic treatment area. Conduct historic treatment so City's operations will not be disrupted. Provide not less than 72 hours' notice to City of activities that will affect City's operations.

PART 2 -PRODUCTS - (Not Used)

PART 3 -EXECUTION

3.1 PROTECTION, GENERAL

A. Comply with manufacturer's written instructions for precautions and effects of products and procedures on adjacent building materials, components, and vegetation

B. Ensure that supervisory personnel are present when work begins and during its progress.

C. Temporary Protection of Historic Materials during Construction:

1. Protect existing materials during installation of temporary protections and construction. Do not deface or remove existing materials unless specifically required by the plans.

2. Attachments of temporary protection to existing construction shall be approved by Engineer prior to installation.

D. Existing Drains: Prior to the start of work or any cleaning operations, test drains and other water

removal systems to ensure that drains and systems are functioning properly. Notify Engineer immediately of drains or systems that are stopped or blocked. Do not begin Work of this Section until the drains are in working order.

1. Provide a method to prevent solids including stone or mortar residue from entering the drains or drain lines. Clean out drains and drain lines that become blocked or filled by sand or any other solids because of work performed under this Contract.

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2. Protect storm drains from pollutants. Block drains or filter out sediments, allowing only clean water to pass.

3.2 PROTECTION DURING APPLICATION OF CHEMICALS

A. Protect persons, motor vehicles, surrounding surfaces of building being restored, building site, plants, and surrounding buildings from harm or damage resulting from applications of chemical cleaners and paint removers.

B. Comply with requirements in Division 1 Section "Temporary Facilities and Controls."

C. Cover adjacent surfaces with materials that are proven to resist chemical cleaners selected for Project unless chemicals being used will not damage adjacent surfaces. Use covering materials that contain only waterproof, UV-resistant adhesives. Apply masking agents to comply with manufacturer's written instructions Do not apply liquid masking agent to painted or porous surfaces. When no longer needed, promptly remove masking to prevent adhesive staining.

D. Do not clean surfaces during winds of sufficient force to spread cleaning solutions to unprotected surfaces.

E. Neutralize and collect alkaline and acid wastes and dispose of off City's property.

F. Dispose of runoff from chemical operations by legal means and in a manner that prevents soil erosion, undermining of paving and foundations, damage to landscaping, and water penetration into building interiors.

3.3 PROTECTION DURING USE OF HEAT-GENERATING EQUIPMENT

A. Comply with the following procedures while performing work with heat-generating equipment, including welding, cutting, soldering, brazing, paint removal with heat, and other operations where open flames or implements utilizing heat are used:

1. Obtain City's approval for operations involving use of open-flame or welding equipment.

a. Notification shall be given for each occurrence and location of work with heat-generating equipment.

2. As far as practical, use heat-generating equipment in shop areas or outside the building. 3. Before work with heat-generating equipment commences, furnish personnel to serve as a fire

watch (or watches) for location(s) where work is to be performed.

4. Do not perform work with heat-generating equipment in or near rooms or in areas where flammable liquids or explosive vapors are present or thought to be present. Use a combustible gas indicator test to ensure that the area is safe.

5. Remove and keep the area free of combustibles, including, rubbish, paper, waste, etc., within area

of operations

a. If combustible material cannot be removed, provide fireproof blankets to cover such materials.

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1. Where possible, furnish and use baffles of metal or gypsum board to prevent the spraying of sparks or hot slag into surrounding combustible material.

2. Prevent the extension of sparks and particles of hot metal through open windows, doors, holes, and cracks in floors, walls, ceilings, roofs, and other openings.

3. Inspect each location of the day's work not sooner than 30 minutes after completion of operations to detect hidden or smoldering fires and to ensure that proper housekeeping is maintained.

B. Where sprinkler protection exists and is functional, maintain it without interruption while operations

are being performed. If operations are performed close to automatic sprinkler heads, shield the individual heads temporarily with guards.

3.4 HISTORIC TREATMENT PROCEDURES

A. The principal aim of preservation work is to halt the process of deterioration and stabilize the item's condition, unless otherwise indicated. Repair is required where specifically indicated. The following procedures shall be followed:

1. Retain as much existing material as possible; repair and consolidate rather than replace. 2. Use additional material or structure to reinforce, strengthen, prop, tie, and support existing

material or structure. 3 Use reversible processes wherever possible. 4. Use traditional replacement materials and techniques. New work shall be distinguishable to the

trained eye, on close inspection, from old work. 5. Record the work before the procedure with preconstruction photos and during the work with

periodic construction photos. Photographic documentation is specified in Division 1 Section Photographic Documentation.

B. Prohibit smoking by personnel performing work on or near historic structures.

C. Obtain Engineer's review and written approval in the form of a Constructive Change Directive or Supplemental Instruction before making changes or additions to construction or removing historic materials.

D. Notify Engineer of visible changes in the integrity of material or components whether due to environmental causes including biological attack, UV degradation, freezing, or thawing; or due to structural defects including cracks, movement, or distortion

1. Do not proceed with the work in question until directed by Engineer.

E. Where missing features are indicated to be repaired or replaced, provide features whose designs are based on accurate duplications rather than on conjectural designs, subject to the approval of Engineer and Preservation Specialist.

F. Where Work requires existing features to be removed, cleaned, and reused, perform these operations without damage to the material itself, to adjacent materials, or to the substrate.

G. Identify new or replacement materials and features with inconspicuous, permanent marks to distinguish them from original materials. Record the legend of identification marks and the locations of these marks on Record Drawings.

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H. When cleaning, match samples of existing materials that have been cleaned and identified for acceptable cleaning levels. Avoid overcleaning to prevent damage to existing materials during cleaning.

3.5 REMOVAL OF BIRD EXCREMENT A. General: Before disturbing accumulated bird excrement, consult with an occupational medicine

physician, industrial hygienist, and authorities having jurisdiction to determine acceptable removal procedures and appropriate protective measures for personnel.

B. Removing Bird Excrement: Treat bird excrement before its removal as required by authorities having jurisdiction.

1. Prior to removal, dampen excrement to prevent it from becoming airborne. 2. Use only nonmetallic tools (plastic spatulas and brushes with natural fiber or nylon bristles, or

their equivalent) to remove excrement. 3 Collect removed excrement and legally disposed of off site. 4. Perform bird excrement removal work from the outside of the building with windows and other

openings in the building closed.

END OF SECTION 01351

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TEMPORARY FACILITIES AND CONTROLS

SECTION 01500

SECTION 01500 TEMPORARY FACILITIES AND CONTROLS

PART 1 - GENERAL 1.01 DESCRIPTION A. Provide and install temporary facilities required to properly perform the work

including the transportation and placement of temporary utilities, scaffold, staging, shoring, tarps, drop cloths and rigging.

B. Removal of temporary equipment and materials upon completion of the work and

repair damage caused by the work performed and installation and use of temporary facilities.

C. Make necessary applications and arrangements for electric power, light, water, and

other utilities with the City or local service and utility companies when required at no additional cost to the City.

1.02 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: 1. Obtain permits as required by local government authorities. 2. Comply with the latest National Electrical Code. 3. Comply with all local, state and federal codes, laws, and regulations. 1.03 TEMPORARY UTILITY SERVICES A. Electrical Service: Existing as is electric service is made available by the City of

Portsmouth to Contractor. Contractor shall inspect and assess if existing capacity is adequate to meet his needs per NEC. Provide accordingly as follows:

1. Contractor shall make necessary arrangements with the City and/or Utility

Companies for temporary connection to existing power service for electrical power requirements. If power cannot reasonably be made available to the Contractor, portable electrical generator(s) shall be supplied by the Contractor at his own expense.

2. Install temporary service in conformity with the National Electrical Code and in

accordance with local ordinances and requirements of the municipal power authority and in consideration of temporary power requirements.

3. Remove temporary electric service equipment and accessories when use is no

longer necessary.

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SECTION 01500

4. Provide necessary electrical energy to:

a. All necessary points on the construction site so that power can be obtained at any desired point with extension cords not longer than 100 feet.

b. Construction site offices. c. Lighting as required for safe working conditions at any location on the

construction site. d. Night security light, if required.

5. Maintain electrical energy throughout the entire construction period as required. 6. Provide and maintain adequate capacity of electrical service for construction use

by all trades during the construction period at the locations necessary. 7. Installation: a. Install all work with a neat and orderly appearance. b. Have all installations performed by a qualified electrician. c. Modify services as job progress requires. d. Locate all installations to avoid interference with material handling equipment,

storage areas, traffic areas and other work. B. Water Service: 1. Make necessary arrangements and provide connection to the City’s existing water

system and provide extensions, as required, for the operation of this project. Contractor shall provide for potable water on project site.

2. Protect and maintain temporary or permanent lines from damage and as required

by City of Portsmouth. 3. Provide an adequate drinking water supply, satisfactorily cooled, for workers. 4. Remove temporary facilities at completion of work when no longer needed. 1.04 TEMPORARY CONSTRUCTION FACILITIES A. Emergency Weather Protection: 1. Provide waterproof coverings around open wall areas, and the like. Coverings shall

be of heavy duty waterproof polyethylene sheeting securely attached building in a manner which will prevent entry of rain into the building enclosure. Maintain temporary waterproof coverings in good standing ready condition and remove only when permanent roof covering has been installed.

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SECTION 01500

B. Temporary Scaffolding and Conveyances: 1. The Contractor or Subcontractor shall furnish, install, maintain, and remove

temporary shoring, staging and planking, stairs, ladders, ramps, hoisting including operator, rigging and safety devices.

2. Contractor shall meet the requirements of Labor Laws, State Laws and

Regulations applicable thereto and/or, the Authorities having jurisdiction over such apparatus, equipment, and construction

3. Contractor shall provide protection from materials falling from shoring and/or

scaffolding. Repair or replace damaged work caused by such falling material at no additional expense to City.

4. Contractor shall install and use hoists and chutes in a manner to preventing

damage, staining, or marring of permanent work. Repair damaged work caused thereby.

F. Miscellaneous Facilities: Contractor shall provide miscellaneous facilities as

needed, such as ramps, ladders, runways, staging, shoring, scaffolding, railings, bracing, barriers, platforms, waste chutes and similar items, in locations approved by the Engineer and City. Failure to request approval shall under no condition constitute implicit approval.

1.05 TEMPORARY SUPPORT FACILITIES A. General: In location(s) approved by the City, Contractor shall provide facilities and

services that may be needed to properly support primary construction process and meet governing regulations. Do not use permanent facilities except as otherwise indicated, and except after time of substantial completion.

B. Contractor’s Field Office: At Contractor’s option, a mobile office, complete with

lighting, locked entrance, power outlets, office desk, plan table chairs, letter file, accessories and tackboard, sample storage, and record document area.

1. Progress meetings shall take place at the project site or in another location

approved by the City. C. Drinking Water: Provide potable water; so that personnel at site will travel no more

than 300 feet. D. Toilets: Where permitted by governing regulations, the Contractor shall provide a

single occupant, self contained unit, glass fiber reinforced polyester enclosure, equipped with urinal and stool fixtures. Supply units with tissue and alcohol based hand sanitation gel. Locate per City’s approval.

E. Telephones: Contractor is to maintain wireless telephones, on separate lines; one

instrument on island and one at field office as applicable, unless otherwise approved. Contractor contact numbers are to be provided to City and Engineer.

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SECTION 01500

F. Post listing of operational and emergency numbers at each telephone site. 1.06 SECURITY AND PROTECTION A. General: Provide facilities and services as necessary to effectively protect project

from losses and persons from injury during the course of construction. B. Fire Protection: 1. In addition to temporary water service as applicable for construction, provide fire

extinguishers of types and sizes recommended by NFPA. Provide Type A extinguishers in field offices, island site and at scaffolding; Extinguishers shall be Type ABC in construction areas. Smoking is prohibited except in areas designated and approved by the City Smoking is strictly prohibited in work areas and on scaffolding,. Discarded butts, boxes, cigarette packs, matches shall be collected and removed from the site.

2. Store gasoline and other flammable liquids in and dispensed from U.L. listed safety

containers in conformance with NFPA 30 and ICC Fire Prevention Code. Store outside the limits and away from permanent buildings.

3. Keep building and building site free of rubbish and debris. 4. Make recommendations for periodical inspection by local fire protection authorities.

Cooperate with authorities and promptly carry out their recommendations. Comply with all applicable laws and ordinances and with City’s fire prevention requirements.

5. Use Tarpaulins which are resistant to fire, water, and weather, and bear U L.

approval in compliance with FS-CC-C-746. 6. Approve welding operations before such work is started, and provide chemical

extinguishers at location where work is in progress. 7. Smoke and/or open fires of any kind will not be permitted in or about the premises,

unless specified herein.

END OF SECTION

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PROJECT CLOSE-OUT

SECTION 01700

SECTION 01700 PROJECT CLOSEOUT

PART 1 - GENERAL 1.01 GENERAL DEFINITIONS A. The provisions of this section apply primarily to closeout of actual physical work,

not to administrative matters such as final payment and changeover of insurances. Closeout requirements relate to both final completion amid substantial completion of work and apply to individual portions of completed work as well as the total work. Specific requirements in other sections have precedence over general requirements of this section.

1.02 PROCEDURES AT SUBSTANTIAL COMPLETION A. Prerequisite: Comply with General Conditions and complete the following before

requesting Engineer’s inspection of the work, or designated portion thereof, for substantial completion:

1. Submit executed warranties, performance and payment bonds, inspection

certificates and similar required documentation for specific units of work, enabling City’s unrestricted use.

2. Submit record documentation, maintenance manuals, tools, spare parts, keys and

similar items. 3. Complete final cleaning, and remove temporary facilities and tools. B. Inspection Procedures: Upon receipt of Contractor’s request, Engineer will either

proceed promptly with inspection or advise Contractor of prerequisites not fulfilled. Following initial inspection, Engineer will either prepare certificate of substantial completion, or advise Contractor of work which must be performed prior to issuance of certificate; and repeat inspection when requested and assured that work has been substantially completed. Results of completed inspection will form initial “punch—list” for final acceptance.

1.03 PROCEDURES AT FINAL ACCEPTANCE A. Re-inspection Procedure: Upon receipt of Contractor’s notice that work has been

completed, including punch list items resulting from earlier inspections, and excepting incomplete items delayed because of acceptable circumstances, Engineer will re-inspect work. Upon completion of re-inspection, Engineer will either recommend final acceptance and final payment or advise Contractor of work not completed or obligations not fulfilled as required for final acceptance. If necessary, procedure will be repeated.

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PROJECT CLOSE-OUT

SECTION 01700

1.04 RECORD DOCUMENTATION A. Maintenance Manuals: Provide 3-ring vinyl covered binders containing required

maintenance manuals, properly identified and indexed Include operating and maintenance instruction; extended to cover emergencies, spare parts, warranties, inspection procedures, diagrams, safety, security, and similar appropriate data for each system or item.

1.05 GENERAL CLOSEOUT REQUIREMENTS A. Operator Instruction: Require each Installer of systems requiring continued

operation/maintenance by City’s operating personnel, to provide reasonable on location instruction to City’s personnel, sufficient to ensure safe, secure, efficient, inspection, maintenance repair, and non failing utilization and operation of systems

END OF SECTION

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DEMOLITION ALTERATIONS AND PATCHING

SECTION 01900

SECTION 01900 DEMOLITION, ALTERATIONS AND PATCHING

PART 1 - GENERAL 1.01 REFERENCES A. Cooperate and coordinate with all other trades in executing the work described in

this Section. B. Where referred to, standard specifications of the Technical Societies,

Manufacturers’ Associations and Federal, State and Local Agencies shall include all amendments current as of the date of issue of these Specifications.

1.02 SCOPE A. It is not the intent herein to describe all the items and work to be removed,

demolished, cut, patched or altered under this Section. The Contractor shall assure himself that all of the work to be removed, demolished, cut, patched or altered and all work not otherwise specified herein, but required to be removed, demolished, cut, patched or altered for the full completion of the project shall be removed, demolished, cut patched or altered under this Section at no additional cost to the Town.

B. The Contractor shall examine the Existing Facilities and all Sections of these

Specifications and familiarize himself with their provisions regarding the removal of existing items and work. He shall understand that all items and work not specifically mentioned to be removed by the requirements of other Sections of these Specifications shall be removed as part of the work under this Section.

C. Within the portion of this contract which is to be renovated or altered remove

existing roofing system down to sound wood roof deck, including any water damage or otherwise unsound deck material deemed unsuitable for installation of the new roofing system, including all flashing, drip edges, roofing felts, protruding nails and similar components, as well as unsound portions of wood eaves and scroll work minimizing removal of sound material, and the like, indicated by the drawings and specifications, and which interfere in any way with the renovations or installation of the new work.

D. Properly handle, load, haul, and dispose of all demolition debris and construction

refuse in compliance with all applicable laws and regulations. Contractor shall pay for all fees and permits, as required.

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SECTION 01900

1.03 MISCELLANEOUS PROVISIONS A. The Contractor shall be responsible for the methods used in all demolition work, for

properly supporting and protecting from water damage and infiltrating the existing structure and otherwise protecting against damage to this and all adjacent buildings and utility lines encountered within this building and within the limits of and/or adjacent to the site of this construction. Responsibility for coordinating the demolition and new work will remain with the Contractor and no additional compensation will be allowed on account of the methods used in performing this work.

B. The Contractor shall repair to the Engineer’s satisfaction, at no expense to the

Town, Engineer or any of their consultants, all such damage which does occur. C. The Contractor shall indemnify and hold harmless the Town and Engineer from any

claims, liens, or suits arising from such damage or movement, real or alleged, and shall repair such damage to the satisfaction of the Town and Engineer, at no expense to the Town or any of their consultants for any such damage which does occur.

D. All salvaged or demolished material and construction refuse shall become the

property of the Contractor unless otherwise indicated and shall be removed promptly from the site at the Contractor’s expense, except that the Town shall have the right to retain such material as desired. Material which the Town wishes to retain shall be carefully removed by the Contractor and delivered to the Town.

E. Unless indicated otherwise, the Contractor shall own roofing, felts, metals and all

other removed material from the existing structure and all construction refuse all of which shall not be allowed to remain on this site after work has been completed At close of work each day, the material (rubbish) shall be placed in a refuse container and the site shall be left in a neat condition. The Contractor must ascertain the legal regulations of the containment and final disposition of all solvents, refuse, rubble, etc., in order that an appropriate dumping place is ascertained for each. No extra will be entertained, should the Town or neighboring municipality refuse to take same. Refuse from all sections shall be properly and legally disposed of under this Section.

F. Unless approved, the use of cutting torches or other tools depending on open

flame shall not be used on the project site. Fire extinguishers shall be within 6’-0” of all heat generating cutting. Prior to any cutting within a renovation area the Engineer shall be notified and permission granted by him.

G. Materials shall not be thrown from the cliffs, unless approved by the Town. H. Existing work which is to remain which are damaged or demolished shall be

restored at no additional cost to the Town. I. Fire extinguishers must be maintained in all working areas. R. The Contractor shall be finally responsible for all cutting, fitting, patching and final

finishing that may be required to make the several parts of the work fit together properly, or to receive or to be received properly by the work of other contractors.

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SECTION 01900

S. Where alterations occur, or new and old work join the immediate adjacent

surfaces, so much thereof as is required by the involved conditions, the material and surfaces shall be cut, removed, patched, repaired or refinished, and left in as good a condition as existing prior to the start of the work. The materials and workmanship employed in the alterations involving existing construction, unless otherwise shown or specified, shall conform to that of the existing or otherwise specified work in type, quality, design, texture and color.

T. Where new work or the installation of new materials on the existing roof requires

altering or removing existing finish roofing material and flashings, all roofing work shall be performed by a qualified roofer and sheet metal and flashings shall match the existing unless otherwise specified and the altered roof shall be weather and water tight

END OF SECTION

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CAST-IN-PLACE CONCRETE 03300

SECTION - 03300 CAST-IN-PLACE CONCRETE

PART 1 GENERAL 1.01 SCOPE OF WORK

A. All materials and labor required for the complete installation of the work of this Section, including but not limited to the following:

1. Furnishing, placing curing, finishing, and protection of reinforced cast-in-place concrete. 2. Furnishing and erection of formwork, shoring and removal of same. 3. Furnishing and placing of reinforcing steel and related positioning and securing accessories,

including galvanizing where specified. 4. Furnishing and installation of admixtures, and similar items in conjunction with concrete work. 5. Installation of anchor bolts. 6. Furnishing and installation of non-shrink grout under leveling plates and base plates.

1.02 STANDARDS

A. Except as otherwise specified herein, perform work in accordance with specifications and codes noted below.

1. "The 2006 International Building Code. 2. "Building Code Requirements for Reinforced Concrete" ACI 318 latest edition per the

American Concrete Institute. 3. "Specifications for Structural Concrete for Buildings" ACI 301 latest edition per the American

Concrete Institute. 4. “Cold Weather Concreting” ACI 306R latest Edition per the American Concrete Institute.

1.03 SUBMITTALS

A. Submit the followings:

1. Job standards for reinforcing steel and formwork details proposed. 2. Erection drawings. 3. Detailed shop drawings showing size and quantity of reinforcement, method of support and

fastening, bending and placing schedules, diagrams, material grades, etc.

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1.04 INSPECTION, TESTING, AND QUALITY CONTROL

A. Inspection and testing of cast-in-place concrete work will be performed by an independent Testing Agency, under a separate contract with the Owner. Testing shall include, but not limited to: 1. Slump test. 2. Air content.

PART 2 PRODUCTS 2.01 CONCRETE CONSTITUENTS

A. Cement: American-made Portland Cement Type I or Type II, ASTM C150. B. Normalweight Fine Aggregate: shall be washed, inert, natural sand conforming to ASTM C33. C. Normalweight Coarse Aggregate: shall be well graded crushed stone or washed gravel conforming

to ASTM C33. D. Water: shall be from approved source, potable, clean and free from oils, acids, alkali, organic

matter and other deleterious material. E. Admixtures:

1. Water-reducing agent: ASTM C494 Type A. 2. Air-entraining agent: ASTM C260.

2.02 CONCRETE MIXTURES

A. Concrete strength shall be 4,000 psi minimum. 2.03 FORM MATERIALS

A. Unexposed Concrete Surfaces: Forms shall be made of wood, metal, or other material subject to approval of Engineer.

2.04 REINFORCEMENT AND ACCESSORIES

A. Reinforcing Steel Bars: shall be newly rolled billet steel conforming to ASTM A615 Grade 60. Bars shall be bent cold.

2.05 MISCELLANEOUS MATERIALS

A. Grout: Grout used under steel column baseplates shall be ready-to-use non-metallic aggregate product requiring only addition of water at job site such as "Embeco Pre-mixed Grout" by Master Builder's; "Vibro-Foil Ready-Mixed" by W.R. Grace & Co.; "Ferrolith G" by Sonneborn Building Products, Inc.; or equal approved by Engineer. Compressive strength of grout (2" x 2" cubes) shall not be less than 5000 psi at 7 days, and 7500 psi at 28 days.

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PART 3 EXECUTION 3.01 HANDLING, STORAGE, AND PROTECTION OF MATERIALS

A. Handle and store materials separately in such manner as to prevent intrusion of foreign matter, segregation, or deterioration.

3.02 ERECTION OF FORMWORK, SHORING AND RESHORING

A. Set and maintain formwork to insure complete concrete work within tolerance limits listed in ACI 347 latest edition, "Recommended Practice for Concrete Formwork".

B. Before form materials can be re-used, surfaces that will be in contact with freshly cast concrete shall

be thoroughly cleaned, damaged areas repaired and projecting nails withdrawn. Re-use of form material shall be subject to approval by Engineer.

3.03 PLACING OF REINFORCEMENT

A. Reinforcement shall be placed in accordance with requirements of CRSI 68, "Recommended Practice for Placing Reinforcing Bars" and CRSI 63, "Recommended Practice for Placing Bar Supports" and with further requirements below.

B. Bending, welding or cutting reinforcement in field in any manner other than as shown on Drawings,

is prohibited. C. Before concrete is cast, Contact Enginer to verify that reinforcement placement conforms to

Contract Documents and approved Shop Drawings. 3.04 JOINTS

A. Construction and control joints indicated on Drawings are mandatory and shall not be omitted. B. Pre-formed expansion joint filler shall be secured in place prior to placing concrete.

C. Re-entrant corners from sawcut concrete shall not be permitted

3.05 INSTALLATION OF EMBEDDED ITEMS

A. Anchor bolts for column baseplates shall be drilled into hardened concrete. 3.06 MIXING, CONSISTENCY AND DELIVERY OF CONCRETE

A. Concrete may be redi-mixed, but if field mixing is preferred due to the low volume, such proportions and additives shall be made under the supervision of the Engineer.

B. Consistency of concrete at time of deposit shall be as follows:

Slump Portion of Structure Recommended Max. Range Slab 3" 2" - 4"

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C. Retempering of concrete which has partially hardened, that is, mixing with or without additional cement, aggregates, or water, shall not be permitted.

3.07 PLACING CONCRETE

A. Remove water and foreign matter from forms and excavations and, except in freezing weather or as otherwise directed, thoroughly wet wood forms just prior to placing concrete. Place no concrete on frozen soil and provide adequate protection against frost action during freezing weather.

B. To secure full bond at construction joints, surfaces of concrete already placed shall be thoroughly

cleaned of foreign materials and laitance, roughened with suitable tools such as chipping hammers or wire brushes, and recleaned by stream of water or compressed air.

C. Do not place concrete having slump outside of allowable slump range. D. Concrete shall be placed in such manner as to prevent segregation, and accumulations of hardened

concrete on forms or reinforcement above mass of concrete being placed.

3.08 FINISHING OF UNFORMED CONCRETE SURFACES

A. Concrete slab surfaces: Match existing floor finish. B. Rough struck surface shall be provided at top of pile caps.

3.09 CURING AND PROTECTION

A. When concrete is placed at or below ambient air temperatures of 40 degrees F or whenever lower temperatures are likely to occur within 48 hours after placement of concrete, cold weather concreting procedures, according to ACI 306 shall be followed.

B. Protect concrete work against injury from heat, cold, and defacement of any nature during

construction operations. C. Concrete shall be treated and protected immediately after concreting or cement finishing is

completed, to provide continuous moist curing above 50 degrees F for at least seven days, regardless of ambient air temperatures.

END OF SECTION

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CLAY MASONRY RESTORATION AND CLEANING SECTION 04901

SECTION 04901 CLAY MASONRY RESTORATION AND CLEANING

PART 1 - GENERAL RELATED DOCUMENTS

1.01 DESCRIPTION OF WORK

A. The work in this section includes the following:

1. Cleaning of all exterior masonry [clay brick] surfaces to receive water repellent coatings. 2. Removal of existing caulk and cleaning of bonded surfaces in preparation for new caulking

work. 3 Preparing voids and re-pointing joints, voids and cracks in existing adjacent masonry.

4. Patching selected areas of missing or damaged brick to provide a weather tight and visually

acceptable surface.

5. Removal, stockpile, clean and reuse existing brick.

6. Rebuild masonry wall, re-point mortar joints and clean adjacent masonry to remain.

B. Allowance and Unit Prices: The extent of the work is indicated on Drawings S1 through S10.

1. Unit prices apply to authorized work covered by estimated quantities. 2. Unit prices apply to additions to and deletions from Work as authorized by Change Orders.

1.02 RELATED WORK: A. Carefully examine the Contract Documents for requirements which affect the work of the section.

Other specifications which directly relate to the work of this section include the following:

1. Division 1 Section "Special Procedures for Historic Treatment." 2. Section 7100 - Brick Water Repellent.

1.03 INTENT:

A. REMOVING: Existing clay brick for the areas to be modified shall be carefully removed, cleaned, stockpiled and reused to the greatest extent practical.

B. CLEANING: Clean exterior masonry services using the gentlest materials and techniques possible

which produce an acceptable degree of cleaning.

1. Use the lowest concentration of cleaning solutions necessary to obtain an acceptable degree of cleaning.

C. RE-POINTING AND REBUILDING: Rebuild masonry and point mortar joints to match the color,

texture and tooling of acceptable original work exposed to view. Repointing work is intended to fill holes and voids in masonry construction, to replace deteriorated mortar with sound mortar, to

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replace previously poor workmanship, and to make the existing walls as weatherproof and watertight as possible.

D. MATCHING: All new work is to match the color, profile, texture, and appearance of undamaged and

unaltered original work on building.

1.04. QUALITY ASSURANCE AND TESTING

A. CONTRACTOR: A masonry restoration specialist which has at least five years experience in work of the type required by in this section, which employs skilled and experienced personnel, and which can demonstrate a consistent record of performance of successful masonry restoration work in the field.

B. PRECONSTRUCTION TESTING SERVICES: Contractor shall engage a qualified testing agency to perform preconstruction testing on masonry units as follows.

1. Provide test specimens as indicated and representative of proposed materials and

construction.

2. Existing Mortar: Test according to ASTM C 295, modified as agreed by testing service and Engineer for Project requirements, to determine proportional composition of original ingredients, sizes and colors of aggregates, and approximate strength. Carefully remove existing mortar from within joints at five locations designated by Engineer. Material properties of existing mortar shall be established through a wet chemical analysis to be reviewed by a historic Architect employed by the contractor, where results and conclusions of such testing shall be submitted for approval by the Engineer.

C. SUBMITTALS

1. Product Data: For each type of product indicated. Include recommendations for application and use. Include test data substantiating that products comply with requirements.

2. Samples for the following:

a. Mortar: Submit sets of mortar in the form of sample mortar strips, 6 inches long by 1/4 inch wide, set in aluminum or plastic channels. Have each set contain a close color range of at least three Samples of different mixes of colored sands and cements that produce a mortar matching the cleaned masonry when cured and dry. Submit with precise measurements on ingredients, proportions, gradations, and sources of colored sands from which each Sample was made.

b. Masonry Brick: Each type of masonry unit to be used for replacing existing units. Include sets of Samples as necessary to show the full range of shape, color, and texture to be expected. For each brick type, provide straps or panels containing at least four bricks. Include multiple straps for brick with a wide range.

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D. QUALITY ASSURANCE

1. Contractor: A masonry restoration specialist which has at least five years of experience in work of the type required in this section, which employs skilled and experienced personnel. Firm shall have completed work similar in material, design, and extent to that indicated for this Project with a record of successful in-service performance. Experience installing standard unit masonry is not sufficient experience for masonry restoration work.

2. Field Supervision: Restoration specialist firms shall maintain experienced full-time supervisors

on Project site during times that clay masonry restoration and cleaning work is in progress. Supervisors shall not be changed during Project except for causes beyond the control of restoration specialist firm.

3. Power Tool Acceptability: A test panel (approximately 36 inches high by 48 inches wide) shall

be performed by the contractor to determine the acceptability of power tools. Acceptability shall be determined by the engineer. If power tools are permitted, the contractor must establish a written quality control procedure to account for workers fatigue and similar variables that might affect the quality of work.

4. Techniques: Two test panels (approximately 36 inches high by 48 inches wide) of brick masonry shall be prepared by the mason using the same techniques that will be used on the remainder of the project. These panels shall establish the acceptable standard of work and shall serve as benchmark for evaluating and accepting subsequent work on the building.

a. Approval of test panels does not constitute approval of deviations from the Contract Documents contained in mockups unless Engineer specifically approves such deviations in writing.

b. Approved test panel may become part of the completed Work if undisturbed at time of

Substantial Completion. 5. Source Limitations: Obtain each type of material for masonry restoration (face brick, glazed

tile brick, cement, sand, etc.) from one source with resources to provide materials of consistent quality in appearance and physical properties.

6. Restoration Program: Prepare a written, detailed description of materials, methods,

equipment, and sequence of operations to be used for each phase of restoration work including protection of surrounding materials and Project site.

1.05 DELIVERY, STORAGE, AND HANDLING

1. Deliver materials and products in unopened factory labeled packages. Store and handle in strict compliance with manufacturers’ instructions and recommendations. Protect from all possible damage. Protect liquid materials from freezing. Protect cementicious materials and aggregates from intrusion of foreign materials and moisture.

2. Deliver masonry units to Project site strapped together in suitable packs or pallets or in heavy-duty cartons.

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3. Store cementicious materials on elevated platforms, under cover, and in a dry location. Do not use cementicious materials that have become damp

4. Store lime putty covered with water in sealed containers.

5. Store sand where grading and other required characteristics can be maintained and contamination avoided.

1.06 PROJECT CONDITIONS

A. WEATHER LIMITATIONS: Proceed with installation only when existing and forecasted weather

conditions permit masonry restoration work to be performed according to Brick Institute of America’s recommendations. Install masonry units and point mortar joints only when air temperature is between 40 and 90 deg F and is predicted to remain so for at least 7 days after completion of the Work unless otherwise indicated.

D. HOT-WEATHER REQUIREMENTS: Protect masonry repair and mortar-joint pointing when

temperature and humidity conditions produce excessive evaporation of water from mortar and repair materials. Provide artificial shade and wind breaks and use cooled materials as required to minimize evaporation. Do not apply mortar to substrates with temperatures of 90 deg F and above unless otherwise indicated.

E. PROTECTION: Protect persons, property, motor vehicles, non-masonry surfaces and site from injury or damage due to Contractors’ operations. Do not permit mortar to contact surfaces that can be damaged by such contact. Protect sills, ledges, and other projections from mortar droppings by coating with sand or other effective technique.

1.06 COORDINATION

A. Coordinate masonry restoration with Fire Chief in order to maintain normal operations of the Fire Station.

1.07 SEQUENCING AND SCHEDULING

A. Order replacement materials at earliest possible date to avoid delaying completion of the Work.

B. Perform masonry restoration work according to Page S9 -“Construction Phasing”:

PART 2 - PRODUCTS

2.01 MASONRY MATERIALS AND PRODUCTS

A. REPLACEMENT FACE BRICK: Provide new face brick be red waterstruck clay fired brick conforming to ASTM C216, type FBX, grade SW. Provide brick to match the color, color variation within units, surface texture, size, shape and type of original existing being replaced as approved by the Engineer.

B. INTERIOR GLAZED BRICK: Provide glazed brick matching the size, shape, color and surface texture of existing adjacent brick.

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B. BRICK NOT EXPOSED TO VIEW: Provide building brick complying with ASTM C 62, Grade SW, MW, or NW, for concealed backup of same vertical dimension as face brick, for masonry work concealed from view.

C. SALVAGED BRICK: Existing brick shall be removed from the building as indicated on drawings to be cleaned, stockpiled and re-used to the greatest extent possible. Carefully remove and clean residual mortar from brick surfaces using mechanical means and a mild chemical cleaner.

D. MORTAR MATERIALS:

1. Portland Cement: ASTM C 150, Type I or Type II. White cement, type II, may be required for color matching of exposed mortar. Provide cement containing not more than 0.60 percent total alkali when tested according to ASTM C 114.

2. Lime Putty: ASTM C 5 Lime putty shall be of high calcium lime and shall be aged to ensure

complete slaking before using and shall weigh no more then 83 lbs per cubic foot. 3. Mortar Sand: ASTM C 144 unless otherwise indicated.

a. Color: Provide natural sand of color necessary to produce required mortar color. b For pointing mortar, provide sand with rounded edges. c. Match size, texture, and gradation of existing mortar sand as closely as possible. Blend

several sands if necessary to achieve suitable match.

4. Admixtures: None permitted.

5. Water: Clean, free of oils, acids, alkali, salts, organic matter, and drinkable.

E. MORTAR MIXES

1. New mortar shall meet the requirements of ASTM C270, type “O” or type “K” unless otherwise approved by the engineer.

a. Mortar Proportions: Mix mortar materials in the following proportions by volume: Type “O” (1 part cement, 2 parts lime and 9 parts sand) or Type “K” (1 part cement, 3 parts lime and 11 parts sand).

b. Mixed Mortar: Use mortar within one half hour of final mixing; do not re-temper or use partially hardened material.

c. Do not use admixtures in mortar unless otherwise indicated.

d. Rebuilding mortar is same Type as pointing mortar.

PART 3 - EXECUTION

3.01 INSPECTION

A. Contractor shall examine substrates and conditions under which this work is to be performed and notify Engineer of conditions detrimental to the proper completion of the work. Do not proceed with work until unsatisfactory conditions are corrected. Construction Drawings have been developed using information regarding existing construction or conditions based on available

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record drawings which may or may not truly reflect actual conditions. Contractor shall verify all existing dimensions at the site. Discrepancies shall be brought immediately to the attention of the Engineer before proceeding with that part of the work or fabrication of structural steel. Beginning work means Contractor accepts substrates and conditions.

3.02 PREPARATION AND INSTALLATION

A. PROTECTION

1. Protect persons, motor vehicles, surrounding surfaces of building being restored, building site, plants, and surrounding buildings from harm resulting from masonry restoration work.

a. Erect temporary protective covers over walkways and at points of pedestrian and vehicular entrance and exit that must remain in service during course of restoration and cleaning work.

2 Prevent mortar from staining face of surrounding masonry and other surfaces.

a. Cover sills, ledges, and projections to protect from mortar droppings. b. Keep wall area wet below rebuilding and pointing work to discourage mortar from

adhering. c. Immediately remove mortar in contact with exposed masonry and other surfaces. d. Clean mortar splatters from scaffolding at end of each day.

3. Remove lamps adjacent to masonry and store where indicated during masonry restoration and cleaning. Reinstall when masonry restoration and cleaning are complete

a. Provide temporary lights during work as needed.

B. BRICK REMOVAL

1. At locations indicated on pages S8 and S9 remove bricks that are to be reused. Carefully remove entire units from joint to joint, without damaging surrounding masonry, in a manner that permits reusing them. a. Remove mortar and lose particles from brick by cleaning with hand chisels, brushes, and

water. Power tools may not be used, unless the Contractor can demonstrate that he can use power tools without damaging the masonry and only if obtaining the Engineer’s prior written permission.

b. Store brick for reuse. Store off ground, on skids, and protected from weather. c. Clean bricks surrounding removal areas by removing mortar, dust, and loose particles.

2. Support and protect remaining masonry that surrounds removal area. Refer to pages S6 and

S9 of structural drawings for more information. Maintain flashing, reinforcement, lintels, and adjoining construction in an undamaged condition.

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3. Notify Engineer of unforeseen detrimental conditions including voids, cracks, bulges, and loose units in existing masonry backup, rotted wood, rusted metal, and other deteriorated items.

C. PAINTING STEEL UNCOVERED DURING THE WORK

1. Inspect steel exposed during masonry removal. Where Engineer determines that it is structural prepare and paint it as follows: a. Remove paint, rust, and other contaminants according to SSPC-SP 2, "Hand Tool

Cleaning" as applicable to meet paint manufacturer's recommended preparation. b. Immediately paint exposed steel with two coats of antirust coating, following coating

manufacturer's written instructions and without exceeding manufacturer's recommended rate of application (dry film thickness per coat).

If on inspection and rust removal, the cross section of a steel member is found to be

reduced from rust by more than 1/16 inch, notify Engineer before proceeding.

E. RESETING AND REBUILDING

1. After installing structural steel as indicated on Structural Drawings rebuild the wall as indicated on pages S8 and S9. Follow the phased process as explained on page S9.

2. Wall is to be rebuild using salvage and new bricks. Exactly match the pattern coursing and joint width of original work. Securely bond new work to old work.

3. Mortar mixing: Measure mortar materials carefully using known volume measures; do not batch by shovelful. Mix well together in a mechanical mixer in specified proportions. Mix in small batches that can be used within 30 min. of mixing. Use the minimum amount of water that produces workable mix.

4. Pointing: Point joints up to ½” deep at the time. Install pointing mortar in layers not over ½” deep for joints over ½” deep. Do not spread mortar over masonry faces and do not feather edge the mortar. Do not make joints appear wider than original joints

a. Use setting buttons or shims to set units accurately spaced with uniform joints. b. When mortar is sufficiently hard to support units, remove shims and other devices

interfering with pointing of joints. c. Tooling: Tool joints to form dense, weather-tight surfaces. Size, tooling and appearance of

finished joints shall match original joints in good condition and shall match approved panels In order to more closely match adjacent masonry joints, the freshly placed mortar joint may be brushed with a stiff bristle brush after the mortar has dried but before it is fully cured (1 to 2 hours).

d. Curing: Moist cure masonry using a hand sprayer with a fine nozzle for 24 to 48 hours after

the mortar joints are thumb-print hard and have been finish tooled. Local conditions will dictate the frequency of wetting, but initially may be as often as every hour and gradually reduced to every three or four hours. Walls shall be covered with burlap for the first three days after being constructed. Plastic sheathing may be used, but should be tented out and not placed directly against wall.

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e. Cleaning: Clean excess mortar from masonry surfaces before it sets using bristle brushes or rubbing with burlap or clean sand. Remove dried mortar with dilute solutions of Hydro clean HT-455, SureKlean 600, or SureKlean 101 depending on the type of masonry surface.

3.03 FIELD QUALITY CONTROL

A. The contractor shall establish and maintain throughout the work in this section an effective quality control program to ensure that work is performed as required by the Contract Documents. Establish specific procedures to prevent damage from cleaning operations, damage to masonry edges during rebuilding and feathering of mortar during pointing.

B. Engineer will perform weekly observation of the work progress and prepare test reports. Allow Engineer use of lift devices and scaffolding, as needed, to perform observation.

C. Notify Engineer in advance of times when lift devices and scaffolding will be relocated. Do not relocate lift devices and scaffolding until Engineer has had reasonable opportunity to make observations of work areas at lift device or scaffold location.

3.04 FINAL CLEANING

A. Repair minor damage to eliminate all evidence of repair.

B. After mortar has fully hardened, thoroughly clean exposed masonry surfaces of excess mortar and foreign matter; use wood scrapers, stiff-nylon or -fiber brushes, and clean water, spray applied at low pressure. Use methods recommended by Brick Institute of America.

1. Do not use metal scrapers or brushes. 2. Do not use acidic or alkaline cleaners other then those listed in Section 3 02.E.4.e.

C. Sweep and rake adjacent pavement and grounds to remove mortar and debris. Where

necessary, pressure wash pavement surfaces to remove mortar, dust, dirt, and stains.


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STRUCTURAL STEEL

SECTION 05100

SECTION 05100 STRUCTURAL STEEL

PART 1 GENERAL 1.01 Attention is directed to the printed form of Contract, Supplementary Conditions and the entire Division

1, General Requirements. 1.02 Equality of material, article, assembly or system, other than those named or described in this Section,

will be determined in accordance with the provisions of Article VI of the contract form. 1.03 SCOPE OF WORK

A. Provide all labor, materials, equipment, services and transportation required to complete structural steel work shown on Drawings, as specified herein, or both, including but not limited to items noted below

1. Furnishing of anchor bolts and loose leveling plates. 2. Furnishing and erection of base plates, HSS columns, channels, beams, hangers, bracing

(temporary and permanent), brackets, anchors, angles, stiffeners, plates, bolsters, clips, lintels or relieving angles affixed to structural steel, masonry and corresponding connections (bolted and welded).

3. Furnishing and application of shop paint, including finish coat(s) when required, and field touch-

up paint for designated structural steel items.

4. Furnishing and application of hot-dip galvanizing for designated steel items.

5. Design and shop drawings of bolted/welded structural connections

6. Furnishing of structural steel items, required to be built into or form part of work specified under other Sections, to appropriate trade at proper time with complete instructions and templates to facilitate installation. Verify proper installation of same.

14. Unless specifically excluded, furnishing and installation of any other items of structural steel

work indicated on Drawings, specified or obviously needed to make work of this Section complete.

B. Related Work Specified Elsewhere:

1. Cast-in-Place Concrete (03300) 2. Coordination Requirements (Division #1)

3. Painting (excluding touch up of prefinished surfaces and shop coats as required) (09900)

4. Rough Carpentry (06100)

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STRUCTURAL STEEL

SECTION 05100

1.04 STANDARDS

A. Except as otherwise specified herein, perform work in accordance with specifications noted below, including latest editions of applicable specifications, codes, and standards cited therein, and latest applicable addenda and supplements. Copies of these items shall be kept available in shop and field. Field copies shall be purchased by the General Contractor.

1. "The 2006 International Building Code”. 2. "Specifications for Structural Steel Buildings", American Institute of Steel Construction. 3. "Code of Standard Practice for Steel Buildings and Bridges", American Institute for Steel

Construction 4. "Structural Welding Code (AWS D1.1)", American Welding Society, latest edition. 5. "Specifications for Structural Joints Using ASTM A325 or A490 Bolts", Research Council on

Riveted and Bolted Structural Joints of Engineering Foundation. 6. "Painting Manual, Vol. 1, Good Painting Practice" and "Painting Manual, Vol. 2, Systems and

Specifications", Steel Structures Painting Council. 7. ASTM A-6 "General Requirements for Delivery of Rolled Steel Plates, Shapes, Sheet Piling

and Bars for Structural Use". The latest issue date as listed in ASTM Index shall apply.

B. Any material or operation specified by reference to published specifications of manufacturer or published standard shall comply with said specification or standard. In case of conflict between referenced specifications, most stringent requirement shall govern. In case of conflict between referenced specifications and Project Specifications, Project Specifications shall govern.

1.05 SUBSTITUTIONS

A. Substitutions for member sizes, type(s) of steel, connection details or any other modifications proposed by Contractor will be considered by Engineer only under following conditions:

1. That request has been made and accepted prior to submission of Shop Drawings. 2. That there is a substantial cost advantage or time advantage to City; or that proposed revision

is necessary to obtain required materials or methods at proper times to accomplish work in time scheduled.

3. That sufficient sketches, engineering calculations, and other data have been submitted to

facilitate checking by Engineer, including cost reductions or savings in time to complete work. 4. That the cost of reviewing the substitutions shall be paid for by Contractor.

1.06 SUBMITTALS

A. Job Standards: Submit to Engineer connection details proposed prior to submitting detailed Shop Drawings.

B. Joint Welding Procedures: Submit to Engineer joint welding procedures and program of welding

sequence (for each component and for welding components together) before any welding is done.

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STRUCTURAL STEEL

SECTION 05100

After return of submittal, welding procedures and sequences shall be followed without deviation. Engineer may require requalification of these welding procedures by tests prescribed in AWS "Standard Qualification Procedure".

C. Joint Welding Testing: Submit to Engineer prior to start of fabrication, non-destructive testing method to be used for specific typical joints. Results of such tests during the course of work shall, upon request by Engineer, be made available for review by Engineer and/or Testing Agency.

D. Method of Erection: Submit to Engineer, in accordance with requirements of Contract Documents, prior to starting work, description of methods, sequence of erection, and type of equipment proposed for use in erecting structural steel work. This submission shall not relieve Contractor of his responsibility for providing proper methods, equipment, workmanship, and safety precautions.

E. Shop Drawings: Submit to Engineer detailed Shop Drawings, including erection drawings, schedules and index sheets showing: grades of steel; identification mark of members; dimensions; size, arrangement, and weight of members; orientation and relation of members to appropriate grid lines; setting elevations for column bases; framing to support metal deck; location and size of openings, slots, and holes; requirements, such as punched or drilled holes, for attachment of other materials or parts of construction; type, size, and extent of welds; joint welding procedures; welding sequences (use welding symbols adopted by American Welding Society); cleaning requirements prior to painting; type and dry thickness of paint. Members to be galvanized shall be so noted on shop drawings. 1. Except as otherwise noted, approval of Shop Drawings will be for size and arrangement of

components. Errors in dimensions shown on Shop Drawings shall be responsibility of Contractor. Check and coordinate structural steel work with work of other trades before submitting Shop Drawings.

2. Do not proceed with fabrication of material or performance of work until corresponding item on

Shop Drawing has been approved by Engineer.

F. Mill Test Certification: Submit to Engineer prior to delivery of structural steel to job site, triplicate copies of certified mill test reports of structural steel (including names and locations of mills and shops, and analyses of chemical and physical properties), properly correlated to structural steel to be used in this project.

G. Connection Material Certification: Submit to Engineer triplicate copies of manufacturer's certification of bolts, nuts, washers, and filler metal for welding

H. Painting Certification: Submit to Engineer triplicate copies of certification stating that requirements

pertaining to pre-paint cleaning and painting of steel have been performed in accordance with Contract Documents.

I. Galvanizing Certification: Submit to Engineer triplicate copies of certification stating that

requirements pertaining to pre galvanizing cleaning and galvanizing of steel have been performed in accordance with Contract Documents.

J. Samples: Submit to Engineer, on request by Engineer samples and/or descriptive literature of

materials, products and methods.

1. Do not proceed with fabrication of material/product or performance of work until sample has been approved by Engineer.

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STRUCTURAL STEEL

SECTION 05100

2. Galvanizing is to be spot checked by Preece Test Method per ASTM A239.

K. Corrective Work: Submit to Engineer drawings showing details of proposed corrective work prior to performing corrective work.

L. Affidavit: Submit to Engineer, on request by Engineer, manufacturer's and/or fabricator's and/or

erector's affidavit stating that material or product provided complies with Contract Documents. M. Maintain records of shop and field welding procedures and records of welders employed, date of

qualification and identification symbol or mark. Maintain records for each impact wrench used in shop and field, showing dates, sizes of bolts tested and the corresponding torque values. Certified copies of the records shall be made available to Contractor, Engineer and City's testing laboratory.

N. Provide setting drawings, templates, and directions for the installation of anchor bolts, or other items

to be installed by others. Verify proper installation of same. O. All dimensions indicated on the plans shall be verified as correct in the field by the Contractor before

fabrication. Field dimensions shall be shown on the Shop Drawings and shall be noted as having been verified in the field.

1.07 INSPECTION, TESTING AND QUALITY CONTROL

A. Inspection and testing of structural steel fabrication and erection shall be performed by an independent Testing Agency, under a separate contract with the City. Materials and workmanship shall be subjected to inspection and testing in mill, shop and/or field by Testing Agency. Such inspection and testing shall not relieve Contractor of his responsibility to provide his own inspection, testing, and quality control as necessary to furnish materials and workmanship in accordance with requirements of Contract Documents.

B. Contractor shall maintain his own inspection and quality control of shop and field work. Quality control and inspection of welding work shall consist of meticulous supervision by Contractor's own welding inspector using non-destructive spot testing, at rate of at least one test per 50 linear feet of weld by each welder, except that partial penetration and full penetration welds shall be tested 100 percent. Non-destructive testing shall be done by radiographic-, magnetic particle-, or ultrasonic method, whichever is most effective for joint to be tested. Results of such tests shall be provided to Engineer and/or Testing Agency when requested.

C. Notify Engineer and Testing Agency prior to start of any fabrication, erection, or other phases of work

so as to afford them reasonable opportunity to observe the work. D. Facilitate inspection and testing by Testing Agency. Contractor shall, at his own expense, furnish

Testing Agency, upon request, with:

1. Complete sets of approved Shop Drawings and corrective work procedures at fabricating shop(s) and in field.

2. Cutting lists, order lists, material bills, and shipping lists. 3. Information as to time and place of all rollings and shipments of material to shops and field. 4. Representative sample pieces requested for testing.

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STRUCTURAL STEEL

SECTION 05100

5. Full and ample means and assistance for testing materials, and proper facilities for inspection of work, in mill, shop and field.

E. Testing Agency shall inspect and test welded and bolted work as required by Engineer. Each lot of

bolts shall be checked in the Skidmore-Wilhelm device for conformity with standard requirements. F. Do not remove any marks or tags applied by Testing Agency identifying rejected work. G. Any work found deficient shall be corrected or replaced in accordance with these specifications.

Deficient welds shall be cut out to sound material and rewelded. Deficient assemblies shall be taken apart, corrected and reassembled, using new materials as required. A490 bolts, if used, shall not be reused. A325 bolts may be retightened once only.

H. Structural steel work which has been rejected by Engineer and/or Testing Agency in mill, shop, or

field, shall be corrected without delay and at no additional expense to the City. I. The fact that steel work has been accepted at the shop shall not prevent its final rejection at the job

site or even after it has been erected, if it is found to be defective. J. Qualifications for Welding Work:

1 Qualify welding processes and welding operators in accordance with the latest edition AWS "Standard Qualification Procedure".

2. Provide certification that welders to be employed in the work have satisfactorily passed AWS

qualification tests within the previous 12 months and have been welding regularly.

PART 2 PRODUCTS 2.01 GENERAL

A. Provide positive identification for each steel type and tensile strength classification, except A36 steel, by a uniform marking system on each piece. All steel shall be newly rolled steel.

2.02 STEEL MATERIALS

A. High strength carbon steel - high strength low alloy steel, ASTM A572 Grade 50 (Fy=50 ksi), or ASTM A588. Use A588 or A572-modified for plates over 1 1/2 inch thick where Fy=50 ksi is required.

B. Carbon steel - shapes, plate and bar shapes ASTM A36. HSS Tubing, ASTM A500 Grade B. C. Anchor Bolts: ASTM A307 (Galvanized). D. High Strength Bolts: ASTM A325 E. Filler Metal for Welding: E70XX low hydrogen as per Table J 2.5 of AISC "Specifications for

Structural Steel Buildings". F. Structural Steel Primer Paint: "Tnemec 99", "Rust Oleum 1069", or approved equivalent. G. Galvanizing: Hot dip galvanize designated steel after fabrication in compliance with ASTM A123. All

hot-dip galvanized steel shall be inspected for compliance with ASTM A123 and shall be marked with

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a stamp that indicates that ASTM number of ounces of zinc per square foot of surface. After galvanizing, steel shall be dipped in a 0.2 percent chromic acid solution. A notarized Certificate of Compliance with all of the above will be required from the galvanizer. Galvanizing shall be spot checked by Preece Test Method per ASTM A239

H. Coating for Finished Bearing Surfaces (e.g., columns): "Magnafilm 1043" by Magnus Chemical Co., Garwood, N.J.; "M-2658, Blue Lacquer" by U.S Steel Corp., Pittsburgh, PA or approved equivalent.

PART 3 EXECUTION 3.01 INSPECTION

A. Examine all work prepared by others to receive work of this Section and report any defects affecting installation to Contractor for correction. Commencement of work will be construed as complete acceptance of preparatory work by others.

3.02 HANDLING AND STORAGE

A. Handle and stack materials carefully to prevent deformation or damage. Store structural steel carefully on substantial timbers and blocking, so arranged that steel will be free from earth and properly drained, preventing any splattering with dirt or accumulation of water in or about steel. Take care to prevent damage to any shop painted surfaces and to prevent accumulation of mud, dirt, or other foreign matter on steel. Any accumulation shall be completely removed prior to erection.

3.03 FABRICATION

A. Except as otherwise indicated on Drawings or specified herein, fabricate structural steel in accordance with "STANDARDS" in this Section.

B. Permissible tolerances for steel members shall conform to ASTM A6. The as-fabricated tolerances

shall conform to the cited AISC Specifications, AISC Code and the AWS Code, except where closer tolerances and straightness of members are required for fitting of the work in fabrication or erection.

C. Provision for attachment of other materials: Punch and drill steel for attachment of other materials

indicated on Drawings or noted in Specifications to be attached to steel. D. The Contractor shall design and detail all connections not specifically detailed on Drawings.

Fabrication and erection details shall supplement and be consistent with details shown on the Drawings. Do not use one-sided or other eccentric connections, except where they are specifically detailed and in isolated cases where approval of Engineer is obtained.

E. Welding:

1. Provide quality control and qualification of welders and welding procedures and operations as specified under "Inspection, Testing, and Quality Control" in this Section.

2. Shop Welding Process: Use shielded metal-arc, submerged arc, gas metal-arc, and flux cored-

arc, or other process approved by Engineer. 3. Groove Welds: Provide complete penetration unless otherwise noted on Drawings.

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4. Base metal shall be checked by Contractor to insure absence of laminations or other defects. Welds shall be sound throughout and have no cracks or imperfections.

5. Where structural joints are required to be welded details of joints, technique of welding

employed, appearance and quality of welds made, and methods used in correcting defective work shall conform to applicable requirements noted under "STANDARDS" in this Section.

6. Prepare joint welding procedures and program of welding sequence (for each component and

for welding joining components to each other) and submit to Engineer for approval before any welding is done. After approval, welding procedures and sequences shall be followed without deviation unless specific approval for change is obtained from Engineer. Engineer may require requalifications of these welding procedures by tests prescribed in AWS "Standard Qualification Procedure".

7. Each welder working on the project shall be assigned an identification symbol or mark. Each welder shall mark or stamp his identification symbol at each weldment completed, whether in shop or field.

F. Manual oxygen cutting shall be done only with a mechanically guided torch, except as permitted

below.

1 Gas cut edges which are not welded and will be free of substantial stresses, as determined by the Engineer, may be cut manually with an unguided torch provided that specified AISC edge distances to holes are maintained.

2. Gas cut edges which will be subjected to substantial stress (over one-half the allowable stress), as determined by the Engineer, or which are to be welded may be cut manually with an unguided torch to a line not within 1/8 inch of the finished dimension, with final removal of material completed by chipping or grinding to produce a surface quality equivalent to that of the base metal edges.

G. Openings in Structural Steel.

1. Cutting of openings differing from or in addition to those shown on approved shop drawings will not be permitted without written approval of Engineer.

H. Corrective Work: Structural steel elements having fabrication errors and/or which do not satisfy tolerance limits shall not be incorporated in finished work Such elements may be corrected if permitted by Engineer and/or Testing Agency. Submit to Engineer drawings showing details of proposed corrective work. These drawings shall be approved by Engineer prior to performing corrective work. Corrective work shall be performed in accordance with requirements of Contract Documents. Corrective work and any retesting which may be required shall be at Contractor's expense. 1. Identification: Structural steel members shall have an assigned position and identification mark

or symbol, clearly indicated on each piece near one end. Marks shall correspond to that given on Shop Drawings and erection drawings related to specific members.

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3.04 SHOP PAINTING

A. Unexposed Steel

1. Except as otherwise indicated on Drawings or specified herein, paint structural steel work in accordance with "STANDARDS" in this Section.

2. Steel to be painted:

a. Clean steel surfaces in accordance with SSPC-SP2, Hand Tool Cleaning. b. Unless specifically excluded or modified, apply one shop coat of structural steel primer

paint to steel c. Apply paint to surfaces requiring paint only to within two inches of any field weld or high

strength bolted friction-type connection. If for any reason surface to be field welded or bolted is painted, remove such paint completely to within limits before field welding or bolting.

3. Steel to be left unpainted:

a. Clean steel surfaces in accordance with SSPC-SP3. c. Contact surfaces of high strength bolted connection. d. Finishing Bearing Surfaces and Surfaces to be weld-spliced in field: Protect surfaces

(e.g., bearing surfaces of columns and column base plates) against corrosion by use of rust-inhibiting coating that can be easily removed prior to erection or which has characteristics that make removal unnecessary prior to erection.

4. Shop coat application:

a. After steel has been properly prepared as specified above, apply structural steel primer paint to dry steel surfaces by brush, spray, or roller, assuring no running or sagging in accordance with manufacturer's directions as approved by Engineer.

b. Apply 2.0 to 3.0 dry mil thickness of shop primer. c. Inspection of shop painting - as specified under "Inspection, Testing, and Quality Control"

in this Section.

B. Exposed Steel

1. It is intended that the protective coating system for all steel exposed to weather or encased in brick masonry shall be hot dip galvanized. Provisions shall be made for proper handling at all stages of the coating, shipping, storing at the job site and erection that will protect the finished surfaces from damage or soiling.

2. Care shall be exercised to maintain clean surfaces. Remove all dust and residue immediately

prior to application of zinc coating.

3. Hot-dip galvanize designated structural steel items after fabrication. Galvanizer shall stamp galvanized steel items indicating ASTM number and weight of zinc in ounces per square foot.

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C. Notification: Notify Testing Agency five (5) days prior to shipment of any structural steel so paint inspection can be

made. At these inspections dry mil thickness of paint film will be checked. Steel containing mill scale that can easily be removed with blade of pocket knife will be subject to recleaning and repainting at no expense to the City.

3.07 ERECTION

A. Except as otherwise indicated on Drawings or specified herein, erect structural steel in accordance with "STANDARDS" in this Section.

B. Methods of Erection: Prior to starting work submit to Engineer description of methods, sequence of

erection, and type of equipment proposed for use for erecting structural steel work. This submission, and approval of same by Engineer, shall not relieve Contractor of his responsibility for providing proper methods, equipment, workmanship, or safety precautions.

C. Provide temporary flooring, planking, and scaffolding necessary in connection with erection of structural steel in accordance with applicable O.S.H.A. requirements.

D. Field Connections (unless otherwise indicated): Use welded or slip-critical type high strength bolts installed by "modified turn-of-nut method". Beams shall have framed connections using 3/4 inch diameter (min.) high strength bolts in accordance with requirements of AISC "Manual of Steel Construction" and Contract Documents. Do not use one-sided or other eccentric connections, except where they are specifically detailed on drawings and in isolated cases where approval of Engineer is obtained.

E. Errors in shop fabrication or deformations resulting from handling and/or transportation that prevent proper assembly and fitting of parts shall be reported immediately to Engineer for approval of method of correction. Approved corrections shall be made at Contractor's expense.

F. Furnish instructions for setting of drilled in anchor bolts and other items to be embedded in cast-in-place concrete, in ample time so that this work will not be delayed.

G. Setting Plates: Set base plates level to correct elevations and support temporarily on steel wedges, shims, leveling devices, or as shown on Drawings, until corresponding supported member has been positioned, plumbed and anchor-bolted. Entire area under plates shall then be packed solidly with non-shrink grout. Leave protruding leveling devices in place until after grout has attained required strength, and then cut off flush with top or edges of base plates, or both, except as otherwise noted.

H. Columns supporting existing steel lintels shall be cut to fit in the field at the bottom of column to ensure e “tight” fit. Baseplates shall be set, leveled and welded to columns. Entire area under plate shall then be packed solidly with non-shrink grout.

I. Align, level, and adjust members accurately prior to final fastening. Fasten compression member splices only after abutt ng surfaces have been brought completely into contact.

J. As erection progresses connect work securely and introduce supplemental temporary bracing and shoring wherever necessary. Leave such supplemental bracing and shoring in place as long as may be requ red for safety.

K. High Strength Steel Bolts

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1. Bolt length shall provide at least two full threads beyond nut after tightening. Provide bearing-type connections for beams to girders only.

2. Perform installation by using pneumatic powered impact wrenches with sufficient capacity and

adequate supply of compressed air. 3. Perform installation in accordance with turn-of-nut method outlined in RCRBSJ "Specification

for Structural Joints Using ASTM A325 or A490 Bolts", with modifications noted below.

a. Use hardened washer under bolt head or nut, whichever is turned in tightening, unless oversize holes have been approved which require such washer under both head and nut. Use not more than two washers.

b. Qualification of high strength bolting procedures and operations shall be as specified

under "Inspection, Testing and Quality Control", in this Section. c. Refer to this bolting installation method as "Modified Turn-of-nut Tightening Method".

4 Make joints without use of erection bolts. H.S. bolts required for joint shall serve that purpose. 5. Correct poor matching of holes by drilling to next larger size and using larger size bolt, if

approved by Engineer. Welding for redrilling will not be permitted.

L. Field Welding: Execute in accordance with requirements under "FABRICATION" in this Section, excepting those requirements which manifestly apply to shop conditions only.

M. Field Oxygen Cutting: Not to be performed without written consent of Engineer Once approval is

obtained, execute in accordance with requirements under "FABRICATION" in this Section. N. Openings in structural steel required in field:

1. Make no openings without the specific written approval of the Engineer. All re-entrant corners shall be shaped notch-free to a radius of at least 1/2 inch at blocks, copes, cuts and openings.

2. Openings in structural steel shall be cut and/or reinforced only by structural steel Contractor,

and only with specific prior written approval of the Engineer

3.08 FIELD PAINTING

A. Field Coat Application:

1. Use same type of paint as used for shop coat. 2. Use spray applied zinc galvanizing for field welded steel surface and to touch-up hot dipped

galvanized steel surfaces. 2. After erection touch-up field welds and connections and other surfaces required to be painted.

Do not paint connections until after inspection and approval of Testing Agency. 3. Do not paint when ambient temperature is below 40 degrees F. or when conditions differ from

paint manufacturer's recommendations, as approved by Engineer.

END OF SECTION

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ROUGH CARPENTRY 06100

SECTION 06100 ROUGH CARPENTRY

PART 1 GENERAL 1.01 GENERAL PROVISIONS

A. Attention is directed to the Contract and General Conditions and all Sections within Division 1, General Requirements, which are hereby made a part of this specification Section

1.02 SCOPE OF WORK

A. Provide all rough carpentry work, as indicated on the Drawings and as specified herein. Work shall include but not be limited to furnishing all labor, material and equipment necessary for completion of the following work:

1. Exterior wood trim. 2 Shoring for existing floor framing and brickwork to remain. 3. Load-bearing and non-load-bearing exterior wall framing. 4. Load-bearing and non-load-bearing interior wall framing. 5. Floor framing. 6. Built-up wood beams and columns. 7. Exterior APA performance-rated panel sheathing at walls. 8. Miscellaneous furring for wall finishes 9. Miscellaneous blocking and wood cants.

10. Rough hardware. 11. All rough wood framing including cant strips, screeds, bracing, ledgers,

grounds, furring, strapping, curbs, bucks, nailing strips, nailing inserts, sleepers, and all other incidental rough carpentry items.

12. All rough hardware, inserts, screws, nails, anchor bolts not embedded in

concrete, fasteners and other related metal components necessary to the installation of the rough carpentry.

13. Plywood backboards for electrical and telephone equipment. 14. All blocking, backing and other concealed wood supports within floors, walls

and ceiling for entire job including, but not limited to, blocking for specialties,

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plumbing fixtures, accessories and casework. Blocking within partitions for specialties, door frames and other components as required.

15. Preservative treatment of all wood exposed to moisture and in contact with

concrete or masonry. 16. Fire-retardant treated wood paneling, furring and electrical backboards as

required by code. 17. Building felts for work of this Section, and protective papers. 18. Other usual items of normal rough carpentry work indicated on the Drawings or

necessary for the proper completion of the Project, even though not specifically mentioned herein.

1.03 RELATED WORK

A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that directly relate to work of this Section include, but are not limited to:

1. Section 03300, CAST-IN-PLACE CONCRETE; Inserts and anchor bolt

installation. 2. Section 09900, PAINTING; Painting and staining of trim.

B. Work Furnished but not installed:

1. Anchor bolts or welded masonry hangers built into concrete or masonry for

support of wood framing: Installed under Section 03300 Cast in Place Concrete, or Section 04200 Unit Masonry, or Section 04230 Reinforced Unit Masonry.


A. Reference Standards:

1. Wood Framing: Comply with requirements of the 2006 International Building Code and National Design Specification for Wood Construction, Latest Edition, as published by the National Forest Products Association.

1. Materials and workmanship shall conform to applicable local governing codes,

latest edition

B. Provide lumber and plywood bearing the grade-trademark of the association under the rules or standards of which it was produced. Grade-trademarks shall conform to the rule or standard under which the material is produced, including requirements for qualifications and authority of the inspection organization, usage of authorized identification, and information included in the identification.

1. Grades specified are the minimum acceptable. Lumber grades shall be

determined in accordance with ASTM D 245.

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2. Lumber shall bear the grade mark of an American Lumber Standards

Committee, Board of Review-approved agency. Lumber shall conform to USDC PS 20.

3. Lumber shall bear a mark of mill identification. 4. Plywood shall comply with APA Ref. 1 grading requirements, USDC PS 1, and

ANSI Al 99. 1. 5. Non-plywood type performance-rated construction panels shall conform to APA

PRP-108, as well as to USDC PS 2-92. 6. Fasteners shall comply with CABO NER-272. 7 Fire Treatment: Each piece required to be fire treated shall carry UL approved

identification or other acceptable marking.

C. Qualifications of workmen: Provide sufficient workmen and supervisors who shall be present at all times during the execution of the portion of the Work, and who shall be thoroughly familiar with the type of construction involved and the materials and techniques specified.

D. Rejection: In the acceptance or rejection of rough carpentry, the Engineer will make

no allowance for lack of skill on the part of the workmen. 1.05 SUBMITTALS

A. General: Submittals shall be made in compliance with the requirements of Division 1. B. Product Data: Submit manufacturer's printed product data, specifications, standard

details, installation instructions, use limitations and recommendations for each material used. Provide certifications that materials and systems comply with specified requirements.

C. Material Certificates

1. Lumber producer’s grading rules or other data attesting to the strength of lumber.

2. Certification that chemical treatment for moisture resistance is as specified and

in conformance with the applicable standards. State process used, chemical content, moisture content and finish restrictions.

3. Certificate that chemical treatment for fire resistance is as specified and is in

conformance with the applicable standards. State process used, chemical content, moisture content and finish restrictions.

D. Shop Drawings: Provide large scale shop drawings for fabrication, installation and

erection of all parts of the work. Provide plans, elevations, and details of anchorage,

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connections and accessory items. Provide installation templates for work installed by others. Show all interfaces and relationships to work of other trades.

E. Field Measurements: Take field measurements before preparation of shop drawings

and fabrication. Do not delay progress of the job. If field measurements are not possible prior to fabrication, allow for field cutting and fitting.

F. Initial Selection Samples: Submit samples showing complete range of colors,

textures, and finishes available for each material used. G. Verification Samples: Submit representative samples of each material that is to be

exposed in the completed work. Show full color ranges and finish variations expected. Provide samples having minimum size of 144 sq. in.

H. Manufacturer’s Data

1. Chemical treatment manufacturer’s instruction for handling, storing, cutting and finishing of treated lumber, for both moisture and fire resistance treatment.

1.06 DELIVERY, STORAGE AND HANDLING

A. Materials when delivered to site shall be stacked and stored above the ground under protective coverings or indoors in such manner as to insure proper drainage, ventilation, and protection.

B. Rough carpentry materials shall be stored on elevated piles to allow for air circulation

below and tipped in one direction to effectively drain moisture. Lumber shall be wrapped completely, including bottoms, in waterproof tarps. Tarps shall be tied down to protect against wind blow-off. Should delays in Project be anticipated, lumber shall be stored in covered storage trailers.

C. Do not leave any newly installed wood blocking exposed. Cover and protect all new

wood daily with the new roof systems or other suitable covering approved by the Engineer.

1.07 COORDINATION

A. Coordinate the work of this Section with the work of other Sections to assure the steady progress of all the work of the Contract.

PART 2 PRODUCTS 2.01 FRAMING LUMBER

A. Sound, thoroughly seasoned, surfaced four sides and bearing the grade and trademark of the association under whose rules it is produced, and a mark of mill identification. Lumber shall be new, of consistent size, free of stains and mildew, well manufactured, and free from warp not correctable by bridging, blocking or nailing. Where exposed or semiexposed, wood members shall be selected for best possible appearance from the grade of stock specified.

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B. Moisture Content: Maximum of 19 percent for nominal 2” dimension or less, and a maximum of 15 percent for nominal dimension of more than 2”.

C. General Framing: Spruce-Pine-Fir, Standard or Stud grade or better. D. Studs: Spruce-Pine-Fir, Stud or No. 3 grade or better E. Plates: Spruce-Pine-Fir No. 2 grade or better. F. Joists, Headers, and Rafters: Spruce-Pine-Fir, No. 2 grade or better. G. Beams, Stringers, Posts and Timbers: Hem-Fir No. 1 grade or better. H. Blocking: Spruce-Pine-Fir, Utility grade or better. I. Furring: Spruce-Pine-Fir, Standard grade or better.

L. Provide lumber and plywood with fire resistant treatment, when noted or required by

code,

1 Treat to UL FR-5 (flame spread less than 25, no combustion).

M. Provide lumber and plywood with moisture resistant treatment as follows:

1. Pressure Preservative Treated Lumber for Above Ground Use: Pressure preservative treat lumber above ground and in contact with metal and concrete in conformance with AWPA C2. Provide pressure preservative treated lumber with a minimum net retention of 0.25 pcf. Dry lumber to maximum moisture content of 19% after treatment. Use only waterborne preservatives which conform to AWPA P5. Creosote preservatives are not acceptable.

a. Pressure preservative treat lumber in contact with ground in compliance

with AWPA C2 with a minimum net retention of 0.40 pcf.

b. Above grade, treat with 0.25 #/Ft3 CCA per A.W.P.B quality designation LP-2, “Above Ground Use.”

N. Treated lumber and plywood is to conform to (FS) TT.IV.571 and American Wood

Preservers Association Book of Standards. O. Decks and exterior steps shall be 5/4” No. 1 pressure treated Southern Yellow Pine.

P. Fire-Retardant Treated Plywood for Exterior Use: Where indicated, provide plywood

sheathing UL fire-retardant treated with treatment which yields aflame spread of not more than 25 when tested in conformance with ASTM E 84, conforms to AWPA C 27 for Exterior Type, and has successfully passed a rain test conforming to ASTM D 2898. Kiln dry after treatment to a maximum moisture content of 15%.

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2.03 SHEATHING

A. Wall Sheathing: A.P.A. CD interior with exterior glue. Thickness and panel index as indicated.

D. Plywood shall conform to the requirements of APA Design/Construction Guide,

Residential and Commercial. E. Non-plywood type performance-rated construction panels shall meet or exceed APA

PRP-1 08. Provide APA Rated Sheathing, Exposure 1, for wall sheathing.

F. General Carpentry Material Schedule shall be as follows: Item Grade Species Exterior Standing A Grade Spruce-Pine-Fir and Running Trim Plywood, exposed USDC PS 1, pressure Western Red Cedar treated APA A-C plugged, exterior glue Plywood sheathing at APA Rated sheathing Group 1 Species exterior walls Exposure 1, APA C-D plugged, exterior glue Treated wood MCQ 0.25 pcf Pressure Southern Pine Treated, SPC Select and No. 1 Grade, kiln-dried

2.04 ROUGH HARDWARE AND ANCHORS

A. Provide all rough hardware required to complete this work and to attach this work in a secure and rigid manner to work of this and other trades, including all inserts, anchors, anchor bolts, lag bolts, screws, washers, nuts, nails, and other rough hardware. Assist other trades as necessary in the placement of inserts and anchor bolts in concrete and masonry and furnish full instructions regarding locations, sizes, and other requirements of the items in order that they may properly prepare their work to receive same. Rough hardware shall comply in all respects with requirements of the governing laws and codes.

B. Rough hardware items for use at framing, blocking, nailers, etc., and other exterior

uses, and to be exposed in the finished interior work, shall be hot-dip galvanized zinc or cadmium-plated steel, or stainless steel in accordance with ASTM A153, or non-ferrous, as indicated or as approved by Engineer. Galvanizing shall conform to ASTM A153. Concealed interior nails shall be bright. Other concealed items shall be cadmium plated or zinc chromate plated. Rough hardware items shall be of appropriate type and of proper capacity and size as required for each specific application.

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D. Unless otherwise called out, wood framing, blockings, nailers, etc., of 2 in. nominal thickness or greater shall be bolted to back-up material with 5/8 in. bolts (galvanized at exterior locations and at roofs) located 4 in. from ends and splices, and spaced not greater than 24 in. on center along lengths of the members, to develop positive and secure anchorage to the back-up material. Nails shall be of sufficient length to penetrate the receiving member a minimum of 1-1/2 in.

E. Unless otherwise called out, wood framing, nailers, furring, etc., less than 2 in.

nominal thickness shall be secured to back-up material by use of appropriate fasteners located 4 in. from ends and spaced not greater than 16 in. on center along lengths of the members. Type and length of fastening devices shall be such as to develop positive and secure anchorage to the back-up material.

F. Refer to Structural Drawings for connection requirements for structural lumber.

Where a specific hanger is not indicated an cannot be provided from available hanger manufacturers, provide custom fabricated wood connector of 3/16” thick minimum steel plate, galvanized at exterior locations, and designed to support the maximum end reaction of the supported wood member.

G. General: Provide with nails and bolts according to manufacturer’s requirements.

2.05 FASTENERS

A. Nails: Use common wire nail lengths and diameters unless noted. Threaded, hardened steel nails may be substituted for common size nails of corresponding size. Use annular-ring, common-wire, galvanized nails for plywood. Galvanized nails shall be hot-dip galvanized, ASTM A153.

B. Bolts and Lag Screws: Common hexagonal head bolts and screws, ASTM A307. C. Washers: Provide steel washers under all heads and nuts bearing against wood.

Surface area of washer to be minimum of 16 times the shank area of the receiving bolt or lag screw. Thickness not less than 1/10 of the washer diameter or length of longest side.

D. Steel Plates, Straps and Weldments: ASTM A36, size as indicated. Where welded,

provide minimum of 3/16” fillet welds all sides and full length of contact surfaces unless noted. Use E60 or E70 welding electrodes. Prime with shop paint.

2.06 POWER-DRIVEN ANCHORS

A. Ramset or equivalent low velocity power driven fasteners, minimum 1/8” shank diameter. Length as required to penetrate receiving member and back-up material in accordance with manufacturer’s recommendations.

2.07 EXPANSION BOLTS

A. Comply with FS FF-S-325, Group II, Type 4, size as indicated. McCullough Industries, “Kwik-Bolt Concrete Anchors”, Wej-It Expansion Products, Inc., “Wej-It Concrete Anchors”; or approved equal.

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1. Use galvanized anchors. 2.12 EXTERIOR STANDING AND RUNNING TRIM

A. Scope: Exterior standing and running trim work includes but is not limited to, the

following:

1. Door Trim 2. Miscellaneous molding and trim.

B. Quality Standard: Provide AWI Custom Grade materials and workmanship. C. Wood Species and Cuts: Provide as follows:

1. Painted Work (except as specified): Spruce-Pine-Fir. 2 Plywood Panels: APA Exterior Grade, MDO facing.

2.13 MISCELLANEOUS MATERIALS

A. Inserts, Anchors, and Fasteners: Provide inserts, anchors, anchor bolts, lag bolts,

screws, washers, nuts, nails, and other rough hardware. Assist other trades as necessary in the placement of inserts and anchor bolts in concrete and masonry. Furnish full instructions regarding locations, sizes, and other requirements to ensure proper preparation. Provide rough hardware which complies with requirements of the governing building codes.

B. Rough Hardware: Provide hot-dip galvanized steel finish or stainless steel finish for

rough hardware items for use at exterior. Hot dip galvanizing shall be in accordance with ASTM A 153. Provide other concealed items cadmium plated or zinc chromate plated.

C. Provide hammer driven anchors and fasteners for securing wood framing, blocking

or plywood into masonry of sufficient length to penetrate the receiving member 1 ½” minimum.

PART 3 EXECUTION 3.01 ROUGH CARPENTRY WORK, GENERAL

A. No attempt is made in this Specification to list the various elements of rough carpentry work, as the major part of the work to be done is clearly shown on or reasonably inferred from the Drawings. The rough carpentry work required shall include all such work, regardless of whether or not each and every item is specifically called for. Refer to Drawings to determine the major extent of the rough carpentry work required.

B. The Contractor shall be responsible for structural integrity, connections, and

anchorage of rough carpentry work. All nailing shall be in accordance with the 2006 International Building Code.

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B. The Contractor shall be responsible for structural integrity, connections, and anchorage of rough carpentry work, All nailing shall be in accordance with the 2006 International Building Code.

C. Discard units of material which are unsound, warped, bowed, twisted, improperly

treated, not adequately seasoned, or too small to fabricate with minimum number of joint or optimum jointing arrangements, or which are of defective quality with respect to surfaces or sizes.

D. Butt joints in wood shall be flush to provide a smooth, uniform line with no

irregularities. Built-up blocking shall have butt joints staggered 4 in. minimum layer to layer. The minimum length of any individual piece of woodwork shall be 12 in. All lengths of woodwork shall have a minimum of four fasteners.

E. Construct all rough carpentry work plumb, level, and true with tight, close fitting

joints, securely attached and braced to surrounding construction, all in a first class workmanlike manner. Counterbore for bolt heads, nuts, and washers where required to avoid interference with other materials.

F. Structural members shall be full-length without splices, and spaced not farther than

16 in. on center, except as may be otherwise specifically indicated on the Drawings.

1. Wood framing members shall be one-piece full length for maximum strength. Wood blockings, edgings, nailers, etc., shall be installed as indicated or specified and shall be furnished in not less than 12 ft. lengths, except where shorter lengths are required.

J. Wood blockings, nailers, edgings, etc., shall be installed as indicated or specified

and shall be furnished in lengths not less than 12 ft., except where shorter lengths are required.

K. All connections, nailing, and fastening of rough carpentry work shall conform to

requirements of the governing building code. L. Install all wood grounds plaster wallboard work, including those required by other

trades to properly attach their work, such as grounds to assure proper lines and levels and for attachment of fixtures, louvers, grilles, registers, diffusers, etc. Do not, however, include fixture support blockings at steel stud framed or furred gypsum wallboard finished walls or partitions as work of this Section.

M. If nailing, drilling, or powder-driving into concrete or masonry causes puncturing of

conduits, pipes, ducts, etc , embedded in such work, shall be repaired at no expense to the City.

3.02 INSPECTION

A. Verify that surfaces to receive rough carpentry are prepared to required grades and dimensions. Do not begin work until unsatisfactory conditions are corrected.

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3.03 COORDINATION

A. Coordinate with other trades. Provide required grounds blocking, wood backing and framing. Perform cutting and patching or rough carpentry work as required.

3.04 ROUGH HARDWARE

A. Provide and install rough hardware and metal fastenings as indicated, specified or required for proper installation of rough carpentry.

1. Nails, spikes, screws and bolts and similar items shall be sizes and types to

properly secure members in place. 2. All nails are to be galvanized. 3 Use threaded nails wherever possible. 4 Use nails which are specifically intended for the application. 5. Countersink bolt heads into wood framing members where exposed to view

unless noted otherwise.

B. Fasteners

1. Nails: Where splitting is likely to occur, pre-drill nail holes ½ size of nail diameter and use threaded, hardened steel nail.

2. Bolts: Bolt holes shall be 1/32” to 1/16” larger than the bolt diameter. Carefully

center bolt hole between side plates and main members. Provide steel washers between wood and bolt heads and/or nuts.

3. Lag Screws: Provide steel washer between wood screw head Provide lead

holes for the screw portion as follows.

Lag Screw Nominal Diameter Lead Hole Diameter ½ in. dia 5/16 in. dia 5/8 in. dia 13/32 in. dia ¾ in dia ½ in. dia

Lead holes for the shank shall have a diameter and length equal to the unthreaded portion of the screw shank. Lubricate screw with soap before installing.

C. Anchors: Anchor carpentry work to masonry or concrete where required. Anchors

as follows, unless otherwise indicated:

1. Wall Plates: ½” x 8” bolts with washers at 4’ on center unless otherwise indicated.

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2. Non-loadbearing Partition Plates on Concrete Floors: Expansion bolts or power-driven anchors at 4” on center.

E. Joists and Beams: Sizes and spacing as indicated. Set crown edge up with 3-1/2”

bearing unless noted otherwise. Toenail joist or secure with metal connectors. Lap and splice joists over supports. Double joists under nonbearing partitions. Provide 3” fire cut bevel where joists are built into masonry. Provide 3/8” minimum air space or heat welded bituthene wrap on sides pre-fastened to beam prior to installation, end and top of all beams built into masonry. Provide blocking or suitable edge support between members as necessary to support edges of sheathing or sub-flooring. Provide special framing at party walls for sound control as indicated.] Galvanize all connecting hardware.

F. Bridging:

1 Solid Bridging: Provide between joists over all supports and as indicated; 2” x

depth of framing members, staggered for end nailing.

G. Studs: 2x6 in., spacing on center as indicated in the schedules provided, unless otherwise indicated in the details. Single bottom plate and double top plates with joints staggered. Triple studs at corners and intersections unless otherwise indicated. Provide plywood sheathing 4’-0 minimum each way at corners. Provide a minimum of double 2x8 headers over openings or as otherwise indicated. Set studs directly over joints where possible. Provide blocking as necessary. Provide blocking 24” on center between studs to receive vertical wood siding. Install continuous fiberglass will sealer under all exterior plates bearing directly on concrete or masonry. For staggered stud partitions, install top and bottom plates with two rows of 2x4 or 2 x 6 studs 16 in. on center, staggered.

3.05 PLYWOOD SHEATHING INSTALLATION

A. Wall Sheathing (except shear walls): Install plywood panels vertically with all edges supported. Nail 6” on center along all edges and 12” on center along all intermediate supports unless indicated otherwise. Use 6d nails for ½” thickness and 8d nails for greater thickness.

3.06 TREATED LUMBER

A. All exterior lumber is to be pressure treated for moisture resistance. Lumber shall be treated for fire resistance where noted and where required by code.

3.07 WOOD FURRING

Provide wood furring on masonry on concrete wall in sizes and spacing as indicated. Securely fasten wood furring at maximum 3’-0 on center with toggle or expansion bolts, cut concrete nails or power-driven anchors as required. Install furring around openings and at corners. Erect furring plumb, level, and shim out as required.

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3.08 WOOD GROUNDS AND BLOCKING Provide grounds and blocking of size required for plaster, for securing wood trim and

other work or equipment. Set true to line, level or plumb, well secured in place. Bolt blocking or nailers on steel framing.

3.09 BUILDING FELT AND PROTECTIVE PAPER

A. Provide all building felt required for installation of work of this Section and protective

paper required for protection of finished floors except where specified to be provided by a different trade.

3.12 FASTENING OF EXTERIOR CARPENTRY FRAMING, SHEATHING, AND TRIM

A. Wood shall be secured to wood substrates and other wood to wood connection with

nails spaced 12 in. on center maximum staggered along the centerline of the member being installed All nail heads must be flush with the top surface.

B. Wood to masonry connections shall be completed using hammer driven anchors

through predrilled holes spaced 8 in. on center maximum. Predrill the hole, insert fastener sleeve, and secure in place with nail.

C. Plywood installed to masonry surfaces shall be secured using hammer driven

anchors through predrilled holes spaced 12 in. on center along the top and bottom edges. Keep fasteners 3 in. minimum from the board edge. Fastener heads shall be driven flush with the surface. Plywood installed to wood substrates shall be secured with nails at same spacing as hammer driven anchors.

D. Installation and nailing of performance-rated construction panels and sheathing shall

be in strict accordance with the published specifications and recommendations of the American Plywood Association (APA), including APA Ref 1. Unless otherwise indicated on the Drawings, all sheathing shall be nailed at 3 in. o.c. at edges and 12 in. o.c. for panel field nailing, with 10d galvanized steel nails.

E. Standing and Running trim: Install with minimum number of joints possible, using full-

length pieces (from maximum lengths of lumber available) to the greatest extent possible. Stagger joints in adjacent and related members. Cope at returns, miter at corners, to produce tight fitting joints with full surface contact throughout length of joint. Use scarf joints for end-to end joints, carefully fitting pieces to provide water-resistant joints. Anchor trim work to anchorage devices or blocking built-in or directly attached to substrates. Secure to grounds, stripping, and blocking with countersunk, concealed fasteners and blind nailing as required for a complete installation. Use fine finishing nails for exposed nailing, countersunk and filled flush with finished surface, matching final finish.

END OF SECTION

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WATER REPELLENTS SECTION 07190

SECTION 07190 WATER REPELLENTS

PART 1 - GENERAL 1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and

Supplementary Conditions and Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes penetrating water-repellent coatings for the following vertical and

horizontal surfaces: 1. Brick masonry. 2. Stonework.


1. Division 3 Section "Cast-in-Place Concrete" for curing compounds, curing and

sealing compounds, and penetrating liquid floor treatments. 4. Division 4 Section "Clay Masonry Restoration and Cleaning" for brick and clay tile

restoration and cleaning. 8. Division 7 Section "Joint Sealants." 9. Division 9 Painting Section for paints and coatings.

1.3 PERFORMANCE REQUIREMENTS

A. Performance Testing: Provide water repellents that comply with test-performance

requirements indicated, as evidenced by reports of tests performed by manufacturer and based on Project-specific preconstruction testing by a qualified independent testing agency on manufacturer's standard products applied to substrates simulating those on Project using same application methods to be used for Project. 1. [Owner will engage] [Engage] testing agency to perform preconstruction tests on

laboratory mockups. 2. Select sizes and configurations of assemblies to adequately demonstrate capability of

water repellents to comply with performance requirements. 3. Notify Architect seven days in advance of the dates and times when assemblies will

be constructed.

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B. Absorption: Minimum 90 percent reduction of absorption after 24 hours in comparison of treated and untreated specimens. 1. Brick: ASTM C 67. 2. Stone: ASTM C 97. 3. Concrete Unit Masonry: ASTM C 140. 4. Hardened Concrete: ASTM C 642

C. Water-Vapor Transmission: Maximum 10 percent reduction in rate of vapor

transmission in comparison of treated and untreated specimens, per ASTM E 96. D. Permeability: Minimum 80 percent water-vapor transmission in comparison of treated

and untreated specimens, per ASTM D 1653. E. Water Penetration and Leakage through Masonry: Minimum 90 percent reduction in

leakage rate in comparison of treated and untreated specimens, per ASTM E 514. F Durability: Maximum 5 percent loss of water repellency after 2500 hours of weathering

in comparison to specimens before weathering, per ASTM G 154. G. Chloride-Ion Intrusion in Concrete: NCHRP Report 244, Series II tests.

1. Reduction of Water Absorption: 80 percent. 2. Reduction in Chloride Content: 80 percent.

1.4 SUBMITTALS

A. Product Data: For each type of product indicated.

1. Include manufacturer's printed statement of VOC content. 2. Include manufacturer's standard colors.

B. Samples: For each type of water repellent and substrate indicated, 12 by 12 inches (300

by 300 mm) in size, with specified water-repellent treatment applied to half of each Sample.

C. Manufacturer Certificates: Signed by manufacturers certifying that water repellents

comply with requirements

D. Qualification Data: For Installer, workers trained and approved by manufacturer having demonstrated experience successfully applying silane waterproofing on comparably similar historic clay brick buildings within the past five years.

E. Preconstruction Testing Reports: For water-repellent-treated substrates. F. Product Test Reports: Based on evaluation of comprehensive tests performed by a

qualified testing agency, for assemblies. G. Warranty: Special warranty specified in this Section.

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1.5 QUALITY ASSURANCE A. Installer Qualifications: An employer of workers trained and approved by manufacturer. B. Testing Agency Qualifications: An independent agency qualified according to ASTM E

548 for testing indicated. C. Test Application: Apply a finish sample for each type of water repellent and substrate

required. Duplicate finish of approved sample 1. Locate each test application as directed by Engineer. 2. Size: 25 sq. ft.. 3. Final approval by Architect of water-repellent application will be from test

applications.

D. Pre-installation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination."

1 6 PROJECT CONDITIONS

A. Limitations: Proceed with application only when the following existing and forecasted

weather and substrate conditions permit water repellents to be applied according to manufacturers' written instructions and warranty requirements: 1. Ambient temperature is above 40 deg F (4.4 deg C). 2. Concrete surfaces and mortar have cured for more than 28 days. 3. Concrete or brick masonry walls are not treated prior to 30 days after building close-

in. 4. Rain or snow is not predicted within 24 hours. 5. Application proceeds more than seven days after surfaces have been wet 6. Substrate is not frozen, or surface temperature is above 40 deg F (4.4 deg C). 7. Windy conditions do not exist that may cause water repellent to be blown onto

vegetation or surfaces not intended to be treated 1.7 WARRANTY

A. Special Warranty: Manufacturer's standard form in which manufacturer and Applicator

agree to repair or replace materials that fail to maintain water repellency specified in Part 1 "Performance Requirements" Article within specified warranty period. 1. Warranty Period: Two years from date of Substantial Completion.

PART 2 - PRODUCTS 2.1 MANUFACTURERS

A. Available Products: Subject to compliance with requirements, products that may be

incorporated into the Work include, but are not limited to, products listed in other Part 2 articles.

B. Products: Subject to compliance with requirements, provide one of the products listed in

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other Part 2 articles. 2.2 PENETRATING WATER REPELLENTS A. Silane, Penetrating Water Repellent: Clear, monomeric compound containing 20 percent or

more solids of alkyltrialkoxysilanes; with alcohol, mineral spirits, water, or other proprietary solvent carrier; and with 3.3 lb/gal. (400 g/L) or less of VOCs

1. Available Products:

a. Advanced Chemical Technologies, Inc.; Sil-Act Multiguard. b. Anti-Hydro International, Inc.; Aridox 40M. c. ChemMasters; Aquanil Plus 40. d. Gemite Products, Inc.; Gem Guard SL. e. Hydrozo, a division of ChemRex; Enviroseal 20. f. Nox-Crete Products Group; Stifel VC. g Pecora Corporation; Klear-Seal 9100 S. h. Seal-Krete, Inc.; S-K High Solids. i. Sonneborn Building Products, a division of ChemRex; White Rox 10 VOC. j. Tamms Industries, Inc.; Baracade Silane 100. k. Wacker Chemical Corp.; 1316.

PART 3 - EXECUTION 3.1 PREPARATION A. Clean substrate of substances that might interfere with penetration or performance of water

repellents. Test for moisture content, according to water-repellent manufacturer's written instructions, to ensure that surface is dry enough.

1. Clay Brick Masonry: Clean clay brick masonry per ASTM D 5703 and Division 4 Section "Clay Masonry Restoration and Cleaning." B. Test for pH level, according to water-repellent manufacturer's written instructions, to ensure

chemical bond to silicate minerals. C. Protect adjoining work, including sealant bond surfaces, from spillage or blow-over of water

repellent. Cover adjoining and nearby surfaces of aluminum and glass if there is the possibility of water repellent being deposited on surfaces. Cover live plants and grass.

D. Coordination with Sealants: Do not apply water repellent until sealants for joints adjacent to

surfaces receiving water-repellent treatment have been installed and cured. 1. Water-repellent work may precede sealant application only if sealant adhesion and

compatibility have been tested and verified using substrate, water repellent, and sealant materials identical to those used in the work.

E. Proceed with installation only after unsatisfactory conditions have been corrected.

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3.2 APPLICATION A. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect

the substrate before application of water repellent and to instruct Applicator on the product and application method to be used.

B. Apply a heavy-saturation spray coating of water repellent on surfaces indicated for treatment

using low-pressure spray equipment. Comply with manufacturer's written instructions for using airless spraying procedure, unless otherwise indicated.

C. Apply a second saturation spray coating, repeating first application. Comply with

manufacturer's written instructions for limitations on drying time between coats and after rainstorm wetting of surfaces between coats. Consult manufacturer's technical representative if written instructions are not applicable to Project conditions.

3.3 CLEANING A. Immediately clean water repellent from adjoining surfaces and surfaces soiled or damaged by

water-repellent application as work progresses. Repair damage caused by water-repellent application Comply with manufacturer's written cleaning instructions.


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OVERHEAD DOORS

SECTION 08360

SECTION 08360 OVERHEAD DOORS

PART 1 – GENERAL 1.01 SUMMARY A. Provide Sectional overhead doors where shown on drawings, as specified herein, and as

needed for a complete and proper installation. B. Section Includes 1. Electric motor operated doors 2. Manually operated doors C. Related Documents/Sections: Carefully examine the contract documents for requirements

which affect work of this section. Documents and specification sections containing requirements which relate to this section include but are not necessarily limited to:

1. Drawings and general provisions of the contract applied to work of this section.

1.02 SUBMITTALS A. General:

1. Identify proposed changes, differences, and discrepancies, including verbiage, terms, and definitions, between contract documents and submittals.

B. Product Data:

1. For each type of product indicated, submit manufacturer’s specifications and other

data needed to provide compliance with the specified requirements.

C. Shop Drawings:

1. Submit drawings in sufficient detail to show fabrication, installation, anchorage, and interface of the work of this section with the work of adjacent trades.

2. Provide setting drawings, templates, and directions for the installation of anchor bolts

and other anchorages installed as a unit of work under other sections. 3. Submit wiring diagram and electrical component locations indicating all connections

for electrically operated units.

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D. Samples:

1. Samples for Verification Purposes: a. Finish color. E. Quality Control Submittals: 1. Certificates

a. Manufacturer's Certificate: Certify that products meet or exceed specified requirements.

2. Qualification Data

a. Submit data for firms and persons specified under “Quality Assurance” article to demonstrate their capabilities and experience. Include list of completed projects with project name(s), addresses, names of Engineer(s) and Owner(s), plus other specified information.

3. Manufacturer’s Instructions:

a. Submit manufacturer’s recommended installation procedures which, when

reviewed by the Engineer, may become the basis for accepting or rejecting actual installation procedures used on the work.

F. Contract Closeout submittals:

1. Upon completion of this portion of the Work, and as a condition of its acceptance, deliver to the Engineer requisite copies of the following

a. Project Record Documents. b. Operation and Maintenance Data.

1.03 QUALITY ASSURANCE A. Manufacturer Qualifications: Door manufacturer must have demonstrated experience

fabricating custom overhead doors for fire stations apparatus entryways. Contractor shall install each sectional overhead door as a complete unit produced by a single manufacturer, in accordance with manufacturer’s recommendations including frames, sections, brackets, guides, tracks, counterbalance mechanisms, hardware, operators, and installation accessories.

B. Inserts and Anchorages: Furnish inserts and anchoring devices that must be set in concrete

or built into masonry for unit installation. Contractor shall submit setting drawings,

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SECTION 08360

templates, and directions for installation of anchorages devices to Engineer for review. Coordinate delivery with other work to avoid delay.

C. See concrete and masonry sections for instruction on installing inserts and anchorage

devices. D. Wind Loading: Design and reinforce sectional overhead doors to withstand 20 psf wind-

loading pressure. PART 2 – PRODUCTS 2.01 MANUFACTURERS A. Available Manufacturers

1. Fimbel Architectural Door Specialties, 8 Coddington Road, Whitehouse, N.J. 08888, Phone 908-534-1732, Fax-908-534-1358

2. Moulton Custom Door of Vermont, 3759 VT Route 100, Duxbury, VT, 05676, Phone: 802-244-5357, Fax: 802-244-8649

2.02 SECTIONS A. Insulated, Paint Grade Carriage Style Doors. Sections to have continuous 1/2 inch thick

precision machined V Groove (or beadboard Dur-a-Tek) composite hardwood face. Dur-a-Tek overlays to be machined and inlaid into the door face so no water can penetrate exterior skin. Interior skin may be tempered hardboard. Both faces to be laminated to a heavy duty insulated core to form a rigid sandwich panel 1 3/4 inch thick. Section to be waterproof sealed and factory primed.

2.03 TRACKS, SUPPORTS, AND ACCESSORIES

A. Tracks: Provide low headroom 2 inch angle galvanized steel track system, sizing for door size and weight, and designed clearance shown. Contractor to verify clearance in field and provide information to manufacturer. Provide complete track assembly including brackets, bracing and reinforcing for rigid support of ball-bearing roller guides for required door type and size. Slope tracks at proper angle from vertical or otherwise design to ensure tight closure at jambs when door unit is closed. Weld or bolt to track supports.

B. Track Reinforcement and Supports: Provide galvanized steel track reinforcement and support members. Secure, reinforce and support tracks as required for size and weight of door to provide strength, and rigidity without sag, sway, and vibration during opening and closing of doors.

C. Support and attach tracks to opening jambs with continuous angle welded to tracks and securely fastened to wall. Support horizontally (ceiling tracks) with continuous angle

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welded to track and supported by laterally braced attachments to overhead structural members at curve and end of tracks.

D. Weather Seals: Provide continuous rubber, neoprene, or flexible vinyl adjustable weather-strip gasket at tops and compressible astragals on bottoms of each overhead door.

1. In addition, provide continuous flexible seals at doorjamb edges for a fully weather-tight installation.

E. Provide vision panels of type and size as indicated on the drawings. Exterior face of glass sections to be ¾” thick Dur-a-Tek composite precision machined to design shown. Sections to be glazed with insulated tempered glass.

2.04 HARDWARE

A. General: Provide heavy-duty, rust-resistant hardware, with galvanized or cadmium-plated or stainless steel fasteners, to suit type of door.

B. Hinges Provide 11ga. heavy-duty steel hinges at each end stile and at each intermediate stile, per manufacturer’s recommendation for size of door. Attach hinges to door sections with heavy duty lags. Provide double-end hinges.

C. Rollers: Provide heavy-duty rollers, with steel ball bearings in case hardened steel races mounted with varying projections to suit slope of track. Extend roller shaft through both hinges, double hinges are required. 2-inch diameter for 2-inch angle mounted track and as follows:

1. Hardened steel tires for normal installations

D. Fabricate locking device assembly with Interior Side Lock, spring-loaded dead bolt, chromium-plated operating handle, cam plate, and adjustable locking bar to engage through slots in tracks.

2.05 COUNTERBALANCING MECHANISM

A. Extension Springs: Operation by extension-spring counterbalance mechanism, consisting of dual, tempered-steel extension springs mounted along horizontal door tracks and fitted with internal safety cables Connect to door with galvanized aircraft-type lift cables. Provide springs calibrated for 10,000 cycles minimum. Set tension as per normal operating specifications

B. Provide a spring bumper at each horizontal track to cushion door at end of opening operation.

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SECTION 08360

2.06 DOOR OPERATORS

A. General: Furnish electric door-operator assembly of size and capacity recommended and provided by door manufacturer, complete with electric motor and factory pre-wired motor controls, reduction unit, solenoid-operated brake, clutch, remote-control stations and control devices.

B. Provide hand operated disconnect or mechanism for automatically engaging sprocket-chain Operator and releasing brake for emergency manual operation. Include interlock device to automatically prevent motor from operating when emergency sprocket is engaged.

C. Design operator so that motor may be removed without disturbing limit-switch adjustment and without affecting emergency auxiliary operator.

D. Door Operator Type: Provide the following:

1. Trolley Electric Operator of drawbar type, V-belt and roller chain and sprocket primary drive, and chain and sprocket secondary drive.

E. Electric Motors: Provide high-starting torque, reversible, constant duty, Class A-insulated electric motors with overload protection, sized to move door in either direction, from a position, at not less than 2/3 foot or more than 1 foot per second.

1. Coordinate wiring requirements and current characteristics of motors with building electrical system

2. Provide ¾ HP. open-drip-proof type motor, and a controller with NEMA Type I enclosure.

F. Remote Control Station: Provide momentary-contact, three-button control station with push button controls labeled Open, Close, and Stop.

1. Provide interior units, full-geared, surface-mounted, heavy-duty, with general purpose NEMA Type I enclosure.

G. Automatic Reversing Control: Furnish each door with automatic safety switch, extending full door width of bottom door, and located within neoprene or rubber astragal mounted to bottom door rail. Contact with switch will immediately reverse downward door travel. Furnish manufacturers standard take-up reel or self-coiling cable.

1. Provide either electrically or pneumatically actuated bottom bar as standard with manufacturer.

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PART 3 – EXECUTION

3.01 INSTALLATION

A. General: Install door, and track, and electrical operating equipment complete with necessary hardware, electrical devices and wiring, door openers, jamb and head mold stops, anchors, inserts, hangers, and equipment supports according to shop drawings, manufacturers instructions, and as specified.

B. Fasten Vertical track assembly to framing at not less than 24 inches o.c. Hang horizontal track from structural overhead framing with angle or channel hangers, welded and bolt-fastened in place. Provide sway bracing, diagonal bracing, and reinforcing as required for rigid installation of track and door operating equipment.

C. After completing installation, including work by other trades, lubricate, test, and adjust doors to operate easily, free from warp, twist, or distortion and fitting weather-tight for entire perimeter


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PAINTING

SECTION 09900

SECTION 09900 PAINTING

PART 1 - GENERAL 1.01 REFERENCES A. Include all labor, materials, equipment, appliances and services necessary to

furnish, fabricate and install all work specified herein. B. Cooperate and coordinate with all other trades in executing the work described in

this Section. C. Where referred to, standard specifications of technical societies, manufacturer’s

associations and Federal Agencies shall include all amendments current as of the date of issue of these Specifications.

D. Except where specifically noted otherwise elsewhere in this Section, provide a

completely painted finish on all exposed exterior siding and wood trim. 1.02 SCOPE OF WORK A. This section includes preparation and painting of existing and new wood surfaces

from potential damage caused by roofing operations. Hand scraping of existing paint where paint is loose or visually evident paint buildup has occurred shall be required.

B. Unless otherwise indicated, all bare wood surfaces shall be painted with not less

than one (1) prime coat and two (2) finish coats of an appropriate paint and all existing surfaces shall be washed, cleaned, scraped, sanded, primed and painted two (2) finish coats, unless specifically indicated to the contrary.

1.03 SAMPLES A. The subcontractor shall submit samples of the color match of the actual paint, a

complete list of the brand names of the paints, both factory and job mixed, which he proposed to use to the Town’s representative for approval before commencing any work.

B. All colors shall be as selected by the Engineer and no painting shall be done until

such color samples as described have been approved. C. Samples of paint colors shall be applied to surfaces on the job in sizes and

locations as the Engineer may direct; change samples until desired colors are obtained. Progressive coats shall be satisfactorily shaded of f from finish coat. No sample shall be painted out or destroyed without the express permission of the Engineer.

D. All samples shall be prepared by a technician especially skilled in the mixing of

colors and applied on the materials on which they are to occur, with the same

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PAINTING

SECTION 09900

number of coats applied in the same manner and with the same amount of time allowed for drying as is hereinafter specified for finish work.

1.04 STORAGE AND USE OF MATERIALS A. All materials shall be stored in designated spaces in a manner which meets the

requirements of applicable codes and fire regulations. When not in use, such spaces shall be kept locked and inaccessible to those not employed under this Section. Each space shall be provided with a fire extinguisher of Carbon Dioxide or Dry Chemical Type bearing the label of the National Board of Fire Underwriter’s and tag of recent inspection.

1.05 ACCEPTANCE OF INSTALLATION CONDITIONS A. This subcontractor shall be fully responsible for the proper execution and

performance of the work described herein. It shall be his responsibility to inspect all installation conditions and request the Contractor to correct any conditions which may affect his work adversely. He shall report to the Contractor in writing with a copy to the Engineer any failure of the Contractor to provide suitable installation conditions. Commencement of any portion of the work by this subcontractor will be considered as unqualified approval of installation conditions for that portion.

1 .06 SUBCONTRACTOR’S QUALIFICATIONS A. All work shall be performed by skilled painters having been in business for at least

five (5) years and knowledgeable and experienced in the restoration of historic buildings.

PART 2 - PRODUCTS 2.01 MANUFACTURER A. General: Materials specified shall be delivered to the job, unopened in original

containers bearing the manufacturer’s name, brand and formula, with seals unbroken and labels intact. No claim by the painting subcontractors as to the unsuitability or unavailability of any material specified, or his unwillingness to use same or his inability to produce first class work with same, shall be entertained unless such claim is made in writing and submitted with his bid. All materials shall be used only as specified by the manufacturer’s direction label on the container.

B. Hot-dip galvanizing repair shall be Z.R.C. cold galvanizing compound as

manufactured by the Sealube Company, Quincy, Massachusetts or approved equal.

C. Sealers of resinous areas shall be Kilz II as manufactured by Masterchem, or as

recommended by the finish paint manufacturer. D. Wood filler shall be waterproof and of the paste type.

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PAINTING

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E. Tinting material unless otherwise recommended by paint manufacturer, shall be ground in pure linseed oil, lime proof, non fading, and lead free.

F. Linseed oil shall be pure, settled, clear and raw or boiled as required to produce

best results. G. Thinner shall be the best grade, pure grain spirits of turpentine distilled form the

sap of live trees. H. Where manufacturer makes more than one (1) grade of any material specified, this

contractor shall use the highest grade of each type, whether or not the material is mentioned by trade name in these Specifications.

I. All paints and finishes shall be of one manufacturer. Sherwin Williams has been

used to set the standard 2.02 PAINTING SCHEDULE A. Number of coats scheduled is minimum. Thin only as required for method of

application and in strict conformance with the manufacturers written recommendations, unless otherwise indicated.

B. Surfaces not to be painted: finishes for the following are either included under other

appropriate Sections or require no painting unless due to repair of damage caused by this or other trades:

1. Chrome or nickel platings, stainless steel, copper, bronze, brass, and

aluminum, unless otherwise specified. 2. Factory final finished materials, equipment, hardware, specialties, and

accessories, unless otherwise specified. 3. Brick, mortar, ceramic, tile, glass, plastic, laminated plastic, roofing and

exterior metal siding and woodwork not included in scope of work. C. Exterior Painting Schedule: Alternate equal products upon approval of the

Engineer only. 01. Exterior Woodwork, use full bodied, no thinning shall be acceptable:

One Coat A1OO Alkyd Primer

One Coat Tinted Undercoat of SWV Alkyd Gloss Paint

One Coat Finish Coat of SWP Alkyd Gloss Paint

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SECTION 09900

PART 3 - EXECUTION 3.01 PREPARATION OF SURFACES AND WORKMANSHIP A. The starting of work will be construed as acceptance of such surfaces as being

satisfactory, and any defects in work resulting from such accepted surfaces shall be corrected by the Painting Subcontractor at his own expense.

B. Hand scrape areas of defective paint and areas where paint buildup is visually

evident to a smooth sound undercoat or outer wood surface as required. Rough up any surfaces, to be painted. Sand as required only. Minimize sanding of previously painted surfaces. Heat elements or chemical removals shall be prohibited from job site.

C. All spaces shall be cleaned with stiff natural bristle brush and all surfaces dry and

free of salt spray residue before painting is started. All salt dust, dirt, plaster, grease, rust and other extraneous matter affecting the finish work shall be removed. Foreign matter on surfaces left by other trades shall be removed by the respective trades. Remove mildew and algae from all wood surfaces to receive finish by hand scraping, then wash with 20% solution household chlorine bleach, then rinse with approved potable water.

D. All work shall be done in a workmanlike manner and by skilled tradesmen. All

materials shall be cut in neatly to spread evenly, flowed on smoothly, free from brush marks, hair, runs and sags. No paint or enamel shall be applied until preceding coat is thoroughly dry and hard.

E. In general and unless otherwise specified, exterior paints shall be allowed to dry

dependent on existing conditions, per manufacturers recommendation, or at least 24 hours between coats. All nail holes, open places or cracks shall be filled with wood filler, tinted to match finish after the priming coat has been applied. Coordinate with other trades.

F. All materials shall be applied in accordance with the manufacturer’s directions and

any thinning required shall be done in the manner and exclusively with the type of reducer recommended, Woodwork shall be painted with full bodied paint, no thinning shall be considered.

G. All new exterior painted woodwork shall be back painted with one (1) coat of

approved exterior primer. Paint or seal edges of other material where they present an unfinished appearance.

H. All scratches, cuts, cracks, and abrasions in woodwork surfaces shall be cut out as

required, then filled with wood filler or other approved wood restorative repeating thin applications until flush with adjoining surfaces and when dry shall be sanded and sealed with adjoining surfaces before application of priming coat.

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SECTION 09900

3.02 JOB CONDITIONS A. No work shall be done in rain, dew or fog when the wind chill factored temperature

is below 50 F, or before the materials to be painted or finished have thoroughly dried out. Avoid painting exterior surfaces while they are exposed to the hot sun.

B. Grounds, roof and adjacent surfaces, as well as surfaces to be painted, shall be

clean before and after painting. C. Utilize drop cloths and any methods required to maintain cleanliness of job site and

facilitate cleanup. 3.03 PROTECTION A. Furnish masking tape as required and lay drop cloths in all areas where

preparation of material and surfaces, painting and finishing is being done, to adequately protect grounds and other work from all damage during painting work.

D. The painter shall not use any plumbing fixture or pipe for the disposal of waste

materials. Carry all water required to the mixing area and store all waste materials in containers outside the building. Removal of oily rags and other combustible and other waste materials from the project site daily under Section 01700.

E. Exercise great care not to deface adjacent work; protect by drop cloths and other

approved means. F. Any extraneous paint shall be removed and damage to adjacent work caused by

paint or painting operations shall be rectified by this subcontractor immediately. 3.04 CLEANING AND PATCHING A. Cleaning: as work progresses and at the completion of the work, remove from the

site all paint spots and all oil, grease, or other stains caused by this work from grounds, roof, glass, siding, fixtures, equipment, materials and debris caused by work. Surfaces shall be left in a clean condition insofar as this work is concerned.

B. Retouching: Touch-up and repair any work applied under the Contract which for

any reason, has been damaged during the construction work. C. Final Inspection: Protect all painted surfaces against damage until the date of

substantial completion of work. The Engineer will at this time conduct a final inspection of all painting work All areas which do not comply with the requirements of this Specification shall be repainted or retouched to the satisfaction of the Engineer at no additional cost to the Owner.

END OF SECTION

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