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23B-046 (222) 2980 C. Reshape saucer areas to conform to surrounding ground levels and remove and dispose of guys, wires, rubber hose sections, stakes, and tree wrap off-site at end of Warranty Period or before that at direction of Architect. 3. 13 ACCEPTANCE/PAYMENT A. Provisional Acceptance: 1. Upon completion of remedial or further work which may have been required by interim field reviews by Architect during construction period, and on written request by Contractor at least 2 weeks before anticipated date of review, Architect will make field review of planting for provisional acceptance. 2. Architect will certify in writing to Owner whether work is provisionally acceptable, and, if so, 90% of price of total planting shall be paid to Contractor on submittal of payment request. 3. Architect may at his discretion certify partial provisional acceptance under which value of any work which has not been completed or is not otherwise provisionally accepted shall be deducted from payment in addition to 10$ replacement reserve. B. Final Acceptance: 1. At end of warranty period, following satisfactory completion of remedial work, and upon written request by Contractor 2 weeks before anticipated review, Architect will make field review of planting for final acceptance. 2. Architect will certify in writing to Owner whether work is finally acceptable, and, if so, final payment of unpaid balance will be made to Contractor on submittal of payment request. 3. Architect may at his discretion certify partial final acceptance under which value of any work which has not been -completed or otherwise finally accepted shall be deducted from final payment. END OF SECTION Opk TOPSOIL MIXTURES AND PLANTING 02950-21 -�_ —MMMMMOV, 2980 2. Remove weeds within mulched area around each tree and in each shrub, groundcover, perennial or vine area every two weeks during growing season. Do not allow weeds to attain more than 6" of growth before removal. 3. Control insects, fungus, and other diseases by spraying with approved pesticides and other means necessary. 4. Prune plants, adjust and repair guying and staking, and replace mulch as required. 5. Replant dead, dying, unhealthy or unsightly plants. B. During warranty period: 1. Following provisional acceptance, Owner will maintain planting. 2. Maintenance Schedule: Prior to provisional acceptance of planting, submit to Architect for approval typewritten schedule of care for planting to be executed by Owner during one year warranty period. Deliver approved maintenance schedule to Architect at field review for Provisional Acceptance. 3. Maintenance Inspections: During warranty period, make plant maintenance inspections in first week of April, June, August, September and December to determine whether proper maintenance is being supplied by Owner. Immediately after each inspection, submit typewritten report, one copy each to Architect and to Owner, indicating findings and recommendations in sufficient time to permit undesirable conditions to be satisfactorily rectified, otherwise no consideration will be given to claims. Architect reserves right to direct Contractor to make additional inspections and recommendations if in his judgement they are needed. Continue maintenance inspections to end of warranty period. 3.12 PLANT WARRANTY PERIOD A. Do replacement planting as soon as possible after plant has been certified by Architect as unacceptable and weather and season permit. B. Replace planting in accordance with original specifications. Restore areas damaged or soiled by replacement operations to their original condition. AVW TOPSOIL MIXTURES AND PLANTING 02950-20 Nis MEEMMM"ow- 2980 4. Prune deciduous trees and shrubs removing about 1/3 of , "* top growth. 5. Prune evergreens only to remove damaged branches or correct shape and balance. 6. Prune deciduous trees by thinning and shortening side branches back to lateral buds and shoots. Maintain trees leaders with terminal buds intact. In general, follow "Princeton Nursery Method" of pruning. 7. Shear hedges as indicated on Drawings and otherwise lightly to establish lines of sides and tops. 3.09 PROTECTION A. Provide protection against trespassing and damage for planted areas and plants. If areas are damaged or plants injured, repair, treat or replace as required without additional cost to Owner. . B. Protect slopes from damage due to erosion, settlement of backfill, construction activity, or other causes. Use of batter boards, netting, straw, etc. shall be left to Contractor's discretion, but shall be subject to approval for appearance by Architect. Repair damage promptly. . 10 CLEANING A. Remove excavated subsoil, branches, rocks, paper, rubbish and other debris from site and dispose of legally as work proceeds. Keep areas clean, neat and orderly. B. Remove twine and other tying-up materials, ribbons and tags from plants. C. Have entire planting cleaned up for provisional acceptance field review. 3.11 MAINTENANCE A. Prior to provisional acceptance, maintain planting as follows: 1. Water once each week from June 15 to September 15. Add sufficient water to thoroughly wet roots, but not less than 2 gallons per vine, groundcover plant, or perennial; 5 gals. per shrub; and 10 gals. per tree. Water as necessary throughout year during drought periods as above. TOPSOIL MIXTURES AND PLANTING 02950-19 2980 3. Handle packets with care. Remove packets which are cut, ripped, or otherwise damaged along with any loose fertilizer from plant pit or hole and replace with new packets. C. Saucering: After topsoil mixture has been placed, form earth saucer for retention of water around each tree or shrub unless otherwise indicated on Drawings. Make saucer same diameter as that of hole dug and lip level all around and at least 4" high for trees. D. Watering: Thoroughly soak soil around each plant immediately after planting, even if it is raining or expected to rain. E. Mulching: After watering, spread mulch to uniform depth indicated on Drawings, raking and dressing for neat, even surface. F. Wrapping: 1. After planting wrap trunks of deciduous trees 2" caliper and larger with tree wrap spiraling from bottom to top, overlapping each turn 1/2 width of tree wrap strip. Cover trunk from ground to height of second branch. 2. Secure tree wrap'� in place with twine wound spirally downward in opposite direction, tied around tree in at least 3 places in addition to top and bottom. 3. Maintain wrapping until first winter has passed after planting and remove following spring, unless otherwise directed by Architect. G. Staking and Guying: Stake and guy trees after planting as indicated on Drawings. Make guying adequate to hold tree in secure vertical position under severe weather conditions. H. Pruning: 1. Before and during planting operation, prune trees and shrubs using clean, sharp tools to make clean cuts. 2. Shape each plant to preserve ,its natural character or in manner appropriate to its particular design requirements, as directed by Architect. 3. Remove or cut back broken, damaged branches and unsymmetrical new growth. TOPSOIL MIXTURES AND PLANTING 02950-18 2980 OW 4. Bare Root Stock: a. Submerge plants totally in water 18-24 hours just prior to planting. Do not allow them to dry out while planting. b. Cleanly cut and remove broken or frayed roots. Spread roots out in natural position and work soil mixture carefully into roots. Firm soil by foot and water in to eliminate air pockets. Set root crown at surface level where it would naturally occur. 5. Groundcover and Perennial Plants: Space plants as indicated in Plant List. Adjust spacing as necessary to evenly fill planting beds with indicated quantity of plants. Assure that roots and soil balls are fully bedded in and surrounded by soil firmed by foot with crown below mulch, flush with soil surface. 6. Bulbs: Position each species according to its needs at correct depth for each variety and size. B. Fertilizing Trees, Shrubs, and Vines: 1. Distribute unopened fertilizer packets evenly around plant ball or roots within plant pit or hole at a depth of 6"-811. Do not place in direct contact with plant roots. Cover packets with remaining topsoil mixture. 2. Distribute at following rate: Caliper No. of Packets a. Trees 1"-2" 2 2"-2 1/2" 3 2 1/2"-3" 4 3"-4" 5 4" and up one packet per inch of caliper plus one packet. Example: 7"-8" caliper would receive 8 + 1 = 9 packets b. Shrubs 1 packet for every 12" of height or spread, whichever is larger. c. Vines 1 packet per plant. TOPSOIL MIXTURES AND PLANTING 02950-17 2980 001* E. Make application within pp growth stage and season recommended by manufacturer and during optimum weather conditions. Do not apply when showers or rain threaten, on frozen ground, or during windy periods. F. Allow adequate time for herbicide to take complete effect and chemical toxicity to pass before proceeding with further work in area. 3.08 PLANT INSTALLATION A. Setting Plants: 1. General: a. Ensure that chemical toxicity from herbicide applications has sufficiently dissipated to allow installation of plants without damage. b. Have pits, plant beds and topsoil mixtures prepared before distributing plants to planting locations so as to minimize exposure and drying. c. Place plants carefully so as not to break limbs, tear roots from ball, or damage integrity of ball. Reject and replace plants with damaged balls or root systems. d. Set plants upright, plumb and aligned as indicated on Drawings within plant pit or bed. Keep crown or ball of root system slightly above surface grade. Face plants to give best appearance or relationship to surrounding area or as otherwise directed by Architect. e. Backfill with topsoil mixture in lifts, firming by foot and settling around perimeter of plant ball with water to eliminate air pockets. Do not compact backfill. Do not fill around trunks, stems, or over top of root ball. Keep crown of ball or root system slightly above surface grade. 2. Balled and Burlapped Stock: Cut away and remove biodegradable burlap and twine from top and half way down side of root ball. Remove water resistant, waterproof and non-biodegradable materials completely. 3. Container Stock: Remove soil ball from containers and scarify roots all around prior to planting. TOPSOIL MIXTURES AND PLANTING 02950-16 2980 C. Amend bed areas with following amendment treatments where indicated on Drawings, incorporating materials 4" deep: 1. Amendment Treatment A (general treatment for groundcovers, vines, perennials and bulbs) : Commercial fertilizer 2-1/2 lbs/100 sf Natural organic fertilizer 2-1/2 lbs/100 sf Peatmoss 2" loose layer 2. Amendment Treatment B (for Euonymus fortunei coloratus groundcover) : Commercial fertilizer 2-1/2 lbs/100 sf Natural organic fertilizer 2-1/2 lbs/100 sf Peatmoss 2" loose layer Ground limestone 2-1/2 lbs/100 sf D. On completion of fine grading and amendment treatments, prior to actual installation of plants, make Type B Herbicide Application (preplant herbicide) to beds. Remove weeds prior to application. Cultivate beds 2" deep 2-3 weeks after application. 3. 07 HERBICIDE APPLICATION 00W A. Apply following herbicide types for control of unwanted weeds, grass and other vegetation in areas indicated on Drawings: Type A Herbicide Application (Weed and grass herbicide) . Type B Herbicide Application (Preplant herbicide) . B. Contractor shall be liable for damage resulting from herbicide or its application. Do not allow herbicide spray to drift. Apply herbicide so that it does not fall outside areas of treatment. Take necessary precautions to avoid damage to adjacent existing vegetation or existing vegetation to remain within areas of treatment. C. Notify Architect, other trades, Owner and public that may be nearby of upcoming application just before commencement of work. D. Make application in strict accordance with manufacturer's directions both in method of application and quantities used. TOPSOIL MIXTURES AND PLANTING 02950-15 2980 AVW c. Scarify subgrade surface to key with topsoil mix. Then backfill plant beds with proper mix type indicated on Drawings. Adequately overfill beds so that after full natural settlement finish grades will be at levels and profiles indicated on Drawings. Do not use mechanical compaction. d. Prior to planting, return and place additional fill if necessary to compensate for settlement. 2. Bed Condition B (beds in undisturbed existing topsoil areas) : a. Treat bed areas with Type A Herbicide Application (weed and grass herbicide) . Make treatment adequate to kill roots and foliage of existing herbaceous vegetation. b. After herbicide treatment has taken full effect scalp away 1" depth of soil and roots along with thatch and foliage above and dispose of off-site. Then turn over existing soil in beds 8" deep using rotary tiller and afterward spread following materials and till into beds 8" deep: 1. Bed Preparation Type A (general planting) : 4" loose peat moss 1" sand 5 lbs. superphosphate/100 s. f. Additive required to bring pH to 5.5-6.5 2. Bed Preparation Type B (ericaceous planting) : 6" loose peatmoss 1" sand 5 lbs. superphosphate/100 s. f. Additive required to bring pH to 4.5-5.5 B. Fine grade beds to conform to finish grades and profiles indicated on Drawings, assuring uninterrupted drainage pattern; free of hollows and pockets. Remove rocks, roots and other debris on surface and dispose of off-site. TOPSOIL MIXTURES AND PLANTING 02950-14 2980 2. Type B Topsoil Mixture (ericaceous planting) : 3 parts topsoil with additive required to bring pH to 4.5-5.5 range. 3 part loose peatmoss 1 part sand with 5 lbs. of superphosphate/cubic yard of mixture 3.04 PLANTING STAKE-OUT: Stake-out locations of plants in field for approval by Architect prior to excavation of pits and planting holes. Make adjustments in stake-out as directed by Architect. 3.05 PLANT PIT PREPARATION A. Excavate plant pits to depth and width indicated on Drawings. - B. Do not use material excavated from pits as backfill. Dispose of excavated material off-site. C. In areas where subgrade is contaminated, excavate pits additional 12" deep and wide all around and replace with clean, uncontaminated, soil material approved by Architect. D. In areas where subgrades are poorly draining provide corrective drainage indicated on Drawings. E. Scarify walls and bottoms of pits to key with topsoil mix backf ill. 3. 06 PLANT BED PREPARATION A. Make initial bed preparation according to following conditions indicated on Drawings: 1. Bed Condition A (beds in areas stripped and rough graded or otherwise without undisturbed existing topsoil) . a. In beds where subgrade is contaminated, excavate pits an additional 12" deep and replace with clean, uncontaminated soil material approved by Architect. b. In areas where subgrade is poorly draining provide corrective drainage indicated on Drawings, otherwise scarify subgrade 12" deep with vibratory plow or other methods approved by Architect. If these measures do not correct drainage notify Architect for his direction prior to further work. TOPSOIL MIXTURES AND PLANTING 02950-13 2980 1. Poorly draining subgrades whether caused by compaction during construction or naturally occurring. 2. Subgrades contaminated with oil, cement, or other chemicals, waste building materials, trash, or other debris that are environmentally objectionable, toxic or detrimental to plant life or growth. 3.02 TOPSOIL TESTS: Unless otherwise directed by Architect, obtain topsoil testing service's recommendations, provided under Topsoil Section, for correcting topsoil pH to required level, and make corrections accordingly during preparation of topsoil mixtures and plant beds by, addition of ground limestone to raise level or aluminum sulfate or powered sulfur to lower level of pH. 3.03 TOPSOIL MIXTURES A. Do mixing on site by following method unless otherwise approved by Architect. 1. Spread topsoil in 8" deep layer and remove rocks and debris. 2. Calculate amount of each required additive or amendment for amount of topsoil spread. 3. Spread each additive or amendment over top of topsoil uniformly. Spread large quantity amendments one at a time and mix. Mix small quantity amendments together before spreading to assure even distribution. 4. Use rotary tiller tractor attachment to chop in amendments. Mix materials thoroughly to full 8" topsoil depth. B. Make up following types of planting mixtures using materials and proportions as follows: 1. Type A Topsoil Mixture (general planting) : 3 parts topsoil with additive required to bring pH to 5.5-6.5 range. 1 part loose peatmoss 1 part sand with 5 lbs of superphosphate/cubic yard of mixture TOPSOIL MIXTURES AND PLANTING 02950-12 2980 Y. Porous Material: AASHTO M43, #6 (3/8" to 3/411) uniformly graded, clean crushed stone or gravel. Z. Plant Materials: 1. Plants shall be in accordance with Plant List. In event that quantity discrepancies or material omissions occur in List, Drawings shall govern. No substitutions shall be permitted unless approved in writing by Architect. 2. Plants shall have normal fibrous root systems and well- developed branching systems; be sound, healthy, vigorous, and acclimated; and free from breakage and abrasions, disfigurements, knots, sunscald injuries, diseases, insects, insect eggs, larvae and other infestations. 3. Trees shall have no abrasions of bark and no fresh cuts of limbs over 1-1/2 " which have not completely callused over. They shall have straight trunks with single leader intact unless otherwise indicated in Plant List. 4. Balled and burlapped and bare root plants shall be nursery-grown under climatic conditions similar to those in locality of project for a minimum of 2 years prior to digging and shall be freshly dug. 5. Container-grown stock shall have been nursery-grown in container long enough to have developed fibrous network of roots holding soil ball together without being rootbound. Excessively rootbound plants or those whose roots have escaped from containers shall be rejected. PART 3.00 - EXECUTION 3.01 INSPECTION A. Examine proposed planting areas and conditions of installation. Do not start planting work until unsatisfactory conditions are corrected. B. Examine- areas where pits and beds are to be located and plants installed with Architect and identify following for corrective preparatory work: TOPSOIL MIXTURES AND PLANTING 02950-11 2980 V. Anti-Desiccant: Emulsifiable concentrate for retardation of excessive water loss without harm to plant or its normal transpiration; "Exhalt 410" by PBI-Gordon Corp. , Kansas City, Mo. , or approved equivalent. W. Underdrain Pipe 1. PVC Perforated Pipe: Perforated and solid wall, rigid polyvinyl chloride underdrain pipe, couplings and fitting conforming to and marked with AASHTO M278 of sizes indicated on Drawings. 2. PE Perforated Tubing: Perforated and solid wall, corrugated polyethylene underdrain tubing, couplings and fittings conforming to and marked with AASHTO M252 of sizes indicated on Drawings. X. Drainage Fabric: Nonwoven, needle punched, consisting of long-chain polymeric fibers composed of polypropylene, polyethylene, or polyamide. Fibers oriented into multi- directional stable network retaining their positions relative with each other and allowing passage of water as specified. Fabric free of chemical treatment or coating which reduces permeability, inert to chemicals commonly found in soil and meeting physical property requirements as follows: Test Acceptable Min. Physical Property Method Test Resultsl Weight, oz./sy ASTM D-3776 3.7 Tensile Strength, lbs. ASTM D-4632 100 Elongation, % ASTM D-4632 50 Coefficient or Water Permeability, cm/sec ASTM D-4491 0.10 Puncture Strength, lbs. ASTM D-37872 60 Apparent Opening Size, AOS U.S. Standard ASTM D-4751 60-100 1Minimum values in weaker principal direction in any sampled roll in lot. 2Tension testing machine with ring clamp; steel ball replaced with 7.94mm (5/1611) diameter solid steel cylinder with flat tip and beveled edges, centered within ring clamp. "Supac 4NP" geotextile by Phillips Fibers Corp. is approved product. TOPSOIL MIXTURES AND PLANTING 02950-10 2980 Awk I. Sand: Clean, course, ungraded, meeting ASTM C33 requirements for concrete sand. J. Bark Mulch: Shredded cedar bark with fibrous texture and uniform dark brown color. Partially decomposed, of a consistency so that not more than 25% will pass through a 1/2" sieve with a 1 1/2" maximum size, having an organic content of not less than 90%, with white wood content not exceeding 8%. "Cedar Scape" Decorative Shredded Cedar Bark by Atlantic Forest Products, Edenton, N.C. 27932 or approved equivalent. K. Preplant Herbicide: "Treflan" (triflurilin) , emulsifiable concentrate by Elanco Products Co. , Indianapolis, Indiana, or approved equivalent. L. Weed and Grass Herbicide: Broad spectrum, non-selective, post-emergent, non-residual. "Roundup" (glyphosate) by Monsanto Agricultural Products Company. M. Twine: Biodegradable, 2-3 ply jute, sisal or approved equivalent. 0. Tree Wrap: Duplex, waterproof kraft paper crinkled to 33 1/3% stretch, 4"-6" wide strips. P. Tree Stakes: One of following indicated on Drawings: 1. 2" sq. sound hardwood with no knots over 1/2" diameter. Painted black. 2. White cedar with bark attached and a maximum allowable defection of ten (10%) percent, having diameter of no less than two (2) inches nor more than two and three quarters inches (2-3/4) at tip nor more than three (3) inches at butt. Q. Guying Wire: #12 gauge, pliable, annealed, galvanized. R. Guying Cable: 7 strand, galvanized. S. Guying Fittings: Hot-dipped galvanized at rate of 1.5 oz. of zinc per square foot of surface. T. Guying Hose: New, black, 3/4" OD, 1/2" ID, rubber. U. Guy Warning Sleeve: White, polyethylene, 3/4" diameter tubing. TOPSOIL MIXTURES AND PLANTING . 02950-9 2980 B. Additives for pH Correction: 1. Aluminum Sulfate or powdered sulfur commercial grade. 2. Ground limestone: Dolomitic, not less than 85% total carbonates and magnesium, ground so that 50% passes 100 mesh sieve and 90% passes 20 mesh sieve. Coarser material shall be acceptable provided that specified rates of application are increased proportionately on basis of quantities passing 100 mesh sieve. D. Natural Organic Fertilizer: "Milorganite", by Sewerage Commission, Milwaukee, Wisconsin, or approved equivalent having an analysis as follows: Total Nitrogen(N) -6.5% water insoluble nitrogen 6.0% Available Phosphoric Acid (P205) 3.0% Soluble Potash (K20) 0.0% Iron (Fe) 3.0% E. Commercial Fertilizer: , Having following minimum guaranteed composition by weight: nitrogen 5% (50% organic) , available Phosphoric Acid (P205) 10$, Soluble Potash (K�O) 5%, unless soil tests indicate need for different composition as determined by Architect. Elements becoming available according to methods adopted by Association of Official Agricultural Chemists. By Agway or approved equivalent. F. Fertilizer Packets: Fertilizer in polyethylene bags perforated with micropore holes for controlled feeding. "Nutri-Pak" by JRP International Inc. , Fond Du Lac, WI 54935, 414/922-0148, or approved equivalent, containing two ounces of water-soluble fertilizer effective for approximately five years with guaranteed analysis as follows: Total Nitrogen (N) 16.0% Available Phosphoric Acid (P205) 8.0% Soluble Potash (K20) 8.0% G. Superphosphate: Composed of finely ground phosphate rock commonly used for agricultural purposes. Containing not less than 18% available phosphoric acid. By Agway or approved equivalent. H. Peat Moss: Domestic product consisting of partially decomposed vegetable matter of natural occurrence from sphagnum sources. Brown in color, clean, low in content of mineral and woody material, mildly acid, shredded and free from stones, roots and twigs. TOPSOIL MIXTURES AND PLANTING 02950-8 2980 C. Schedule delivery of nursery stock to occur with time of installation. Have beds and pits prepared to receive plants in advance of delivery to minimize time plants are out of ground. D. Divide site into logical work parcels completing work in each area in continuous operation. Do installation in each parcel including setting of plants, backfilling, pruning, watering, mulching, wrapping, guying, staking and cleaning without delays between steps in process. E. When weather conditions are such that satisfactory results are not likely to be obtained because of drought, high winds, high or low temperatures, excessive moisture, or other similar factors, stop work. Do not resume work until desired results can be obtained or until approved alternative or corrective measures and procedures are adopted. 1. Do not work with soggy, muddy or frozen topsoil, topsoil mixtures, amendments or mulches. 2. Do not install topsoil mixtures or plants in beds, pits or planting holes which contain standing water and into which water is draining or collecting. F. Provide water supply and water distribution equipment for maintaining moisture for lawn and meadow grass areas except where and in event that irrigation system is operational and providing coverage. 1.07 SPECIAL WARRANTY: For period of one year after provisional acceptance of planting and at no additional cost to Owner, replace plants that are dead or, in opinion of Architect, are in unhealthy or unsightly condition., or have lost natural shape due to dead branches, excessive pruning, or inadequate or improper maintenance. PART 2 - PRODUCTS 2.01 MATERIALS/MANUFACTURERS A. Topsoil: Material provided under Topsoil, Section 02920. TOPSOIL MIXTURES AND PLANTING 02950-7 2980 e. In loading, unloading and handling plants, exercise care to prevent injuries to branches or roots of plants. Lift and move plants by grasping ball or container, never branches or trunks. Do not drop plants. Reject and replace plants with tops or roots fully or partially torn away from soil balls or with loose or broken soil balls. 3. Storage: a. On delivery to site, store plants which cannot be planted without delay in shaded area off pavement. Keep roots of bareroot stock covered with moist mulch. b. If bareroot plants must be held more than 2 days, unbundle, separate and heel them into mulch in shaded area off pavement. If container grown or balled and burlapped stock must be held more than 1 week, untie tops, space out plants for air circulation and heel them into mulch in shaded area off pavement. c. Through out storage period from first day, water plants as necessary to maintain moisture. 1.06 PROJECT CONDITIQNS A. Coordinate work of this Section closely with work of other trades wherever such work affects or is affected by work specified herein. B. Schedule of Installation: Do plant installation during one of periods specified below, unless otherwise approved by Architect: Spring Fall 1. Evergreen Trees & When soil becomes Aug. 15-Oct. 1 Shrubs workable-May 15th 2. Deciduous Trees When soil becomes Oct. 15-Dec. 1 & Shrubs workable-May 1st 3. Groundcovers April 15-June 15 & Vines 4. Perennials May 15-July 15 5. Bulbs Sept. 15-Nov. 1 TOPSOIL MIXTURES AND PLANTING 02950-6 2980 3. Deliver and store materials so that they remain uniform in composition, free-flowing and dry and do not deteriorate or lose effectiveness. Reject materials which become caked or damaged. B. Nursery Stock 1. Preparation of plants: a. Use good horticultural methods in digging and preparing plants for shipment and planting. Workmanship that fails to meet generally recognized industry standards shall be rejected. Replace rejected stock with acceptable material at no additional cost. b. Balled and burlapped (BB) stock shall have unbroken soil balls of size adequate to encompass sufficient fibrous ,feeding roots to insure successful recovery and development of plants. Firmly wrap balls in burlap and tie securely with twine. Do not use non- rot or plastic burlap or twine. Plants with manufactured balls or with root balls wrapped with non-biodegradable materials shall be rejected. c. Prior to digging plants which are in foliage spray with anti-desiccant to prevent dehydration. d. Dig bare root (BR) plants when fully dormant. Spray with anti-desiccant prior to digging, then dig out with root system substantially intact, carefully removing earth from roots. Cover roots with a thick coating of mud by puddling after plants are dug without delay. 2. Transportation and handling: a. Ship plants with certificates of inspection required by governing authorities. b. Tie-up tops of plants using twine, padding and wrappers to prevent digging or handling injury. Do not break stems or branches, or abrade bark. c. Cover plants transported on open vehicles with protective covering to prevent wind burn. d. Keep bare root stock cool in-transit and prevent drying with wet straw, moss, or other suitable material. TOPSOIL MIXTURES AND PLANTING 02950-5 2980 F. Submit following lists and documentation for Architect's use in considering proposed Landscape Firm for approval. 1. List of references for 3 comparable projects of similar work that proposed Landscape Firm has completed within past five years, giving job locations, names of clients and project landscape architects, and their telephone numbers and dates on which work on each project was started and completed. 2. List indicating proposed nursery source for each plant in Plant List with grower's and supplier's names, addresses, and telephone numbers. 3. List of any plants from Plant List which proposed Landscape Firm believes cannot be provided in size, variety or as otherwise required with proposed changes, alternatives and substitutes. Submit documented evidence satisfactory to Architect that reasonable search of regional growers and other suppliers has been made in good faith to determine that indicated plants as specified cannot be provided. Later requests for changes and substitutions will not be considered. 4. List of any plants which proposed Landscape Firm believes cannot be warranted if installed in scheduled season with proposed alternative schedule. Submit statement of compelling reasons for not installing plant during scheduled season satisfactory to Architect. Later requests for planting schedule changes for warranty causes will not be considered. G. Submit maintenance schedule for Owner's use during warranty period. H. Submit maintenance inspection reports during warranty period. 1.05 DELIVERY, STORAGE, AND HANDLING A. ' Chemicals and Other Bagged Materials: 1. Deliver materials to site in original, unopened bags or containers with tags and labels securely attached. 2. Labels and tags shall be vendor's, producer's or manufacturer's original with name, weight, and material 's certified analysis. TOPSOIL MIXTURES AND PLANTING 02950-4 2980 °1.04 SUBMITTALS: Deliver submittals to Architect and obtain his approval prior to ordering materials or beginning work or as otherwise required. Time delivery to allow reasonable review period and prevent delays. A. Submit nursery and plant inspection certificates: B. Submit manufacturer's or vendor's certified analysis with substantiating data for: 1. Aluminum sulfate or powdered sulfur 2. Ground limestone 3. Natural organic fertilizer 4. Commercial fertilizer 5. Superphosphate 6. Peat moss 7. Fertilizer packet 8. Mulch C. Submit manufacturer's full product data including description, specifications or analysis and recommendations and instructions for installation, use or application for information only as follows: , 1. Weed and grass herbicide (Type A) 2. Preplant herbicide (Type B) 3. Anti-desiccant D. Submit material samples for: 1. Mulch - 5 lb. bag 2. Tree stake - 3 ' length. 3. Sand - 5 lb. bag. 4. Underdrain pipe - 2' length 5. Drainage fabric - 12" sq. with anchor pins. 6. Porous material - 5 lb. bag. E. Submit outline of actual application methods, procedural and supervisory arrangements and safety precautions to be employed for each type, of herbicide for information only. TOPSOIL MIXTURES AND PLANTING 02950-3 2980 B. Qualifications 1. Work of this Section shall be performed by approved Landscape Firm with good reputation, successful record over past 5 years on projects of similar size and complexity and which maintains regular force of experienced workmen skilled in work of this Section. 2. Herbicide application shall be made by experienced workmen under supervision of licensed applicator approved by Architect. C. Tests: Architect reserves right to test and reject for cause at any time material appearing not to meet material specifications by tests in accordance with methods adopted by Association of Official Agricultural Chemists. Costs for tests shall be paid for by Contractor. D. Plant Materials 1. Plant names shall conform to latest edition of "Standardized Plant Names" as adopted by American Joint Committee on Horticultural Nomenclature. Provide stock true to botanical name and legibly tagged. 2. Size and grading standards shall conform to those of latest edition of ANSI Z60.1 "American Standard for Nursery Stock" unless otherwise noted in Plant List. Plant shall be dimensioned as it would stands in its natural in-ground position. Stock furnished shall be a fair average of maximum and minimum sizes specified. 3. Plants shall be subject to approval and tagging by Architect at place of growth for quality, size and variety before being dug and/'or prepared for shipment. Such tagging shall not affect right of rejection upon delivery at site or during progress of work for damage, latent defects and other specified requirements. Contractor or his authorized representative shall be present during taggings. Approval and tagging shall not relieve Contractor of sole responsibility for plants' health, vigor, disease or pest free condition. TOPSOIL MIXTURES AND PLANTING 02950-2 2980 SECTION 02950 TOPSOIL MIXTURES AND PLANTING PART 1 - GENERAL , 1.01 SECTION INCLUDES A. This Section includes but it not limited to the following: 1. Preparation of beds and pits to receive planting. 2. Preparation of, placing, and fine grading topsoil mixtures in beds and pits. 3. Providing and incorporating fertilizers, peat moss, mulches, and herbicides. 4. Providing and installing plant materials including planting, pruning, guying, mulching and watering. 5. Cleaning up of work areas. 6. Maintenance of planting until provisional acceptance. 7. Setting up maintenance schedule for Owner. S. Inspection of maintenance performed by Owner during guarantee period. ' 9. Replanting under special warranty. 1.02 RELATED SECTIONS A. Tree and Plant Protection: Section 02110 B. Topsoil: Section 02920 1.03 QUALITY ASSURANCE A. Regulations: Comply with applicable regulations, certification and inspection requirements of governing authorities for plants and other products and materials. TOPSOIL MIXTURES AND PLANTING 02950-1 2980 A. Water daily and as often as necessary to maintain adequate surface soil moisture for full seed germination. Thereafter apply water weekly and as necessary at intervals to maintain adequate moisture 4" deep to prevent moisture stress and at rates that soil can absorb excessive runoff. B. Repair, rework, and reseed areas that have washed out, are eroded, do not develop or are damaged. C. Maintain grass areas at a maximum height of 2-1/211. Do not allow grass to grow higher than 4" before mowing. Remove clippings when mowing. D. Apply Type B Topdressing Fertilizer to seeded areas 60 days after seeding at a rate equal to 1 lb. act. N 11000sf. Apply with mechanical rotary or drop type distributor and thoroughly water into soil. Repeat at 60 day intervals until acceptance of entire project. E. Control growth of weeds and undesirable grass species by hand weeding or applying herbicides as necessary. F. Control diseases and insects by applying fungicides and insecticides or by other means as necessary. G. Maintain established lawn in vigorous healthy, well mown and watered condition free of weeds and neat in appearance using establishment methods and materials until completion 'And acceptance of entire project at which time Owner will assume maintenance. 3. 10 ACCEPTANCE: Architect will make field review to consider acceptance of seeded areas upon Contractor's request. A. Areas will be acceptable providing present conditions of lawns meet establishment requirements and have received required maintenance. B. Where acceptance review is being requested for a larger site area, no individual small plot within will be considered for acceptance, if it has spots which are bare or not meeting other requirements, totaling more than 2% of that plot. END OF SECTION SEEDED LAWNS 02935-8 2980 C. Immediately following spreading, anchor hay mulch by crimping into soil with a V-type-wheel land packer, a scalloped-disk land packer or other suitable equipment designed to force mulch into the soil surface, or by applying acceptable asphaltic emulsion binder or liquid tackifier. Protect buildings, pavings, plantings and non-seeded areas from binder and tackifier over-sprays. 3.07 PROTECTION A. Protect seeded areas from damage due to erosion and settlement, pedestrian or vehicular traffic, excavation and other construction operations. B. Provide and install traffic and erosion control measures such as traffic barriers, haybales, brush waddles, baffle boards, erosion control matting, netting, or mulching. Measures to be used will be left to the Contractor's discretion, but will be subject to approval for appearance by Architect prior to erections. C. If any areas are damaged, repair, restore, treat or reseed without additional cost to the Owner. 3.08 CLEANING A. Remove discarded soil materials, rocks, branches, paper, rubbish, construction waste, and other debris from site and dispose of them legally as work proceeds. Keep areas clean, neat and orderly. B. Remove any mulch which may be shading out grass after grass has germinated. C. Remove any stones 1" or over and other debris that may have accumulated, temporary erosion control material and barriers and have entire area cleaned up for acceptance field review. 3.09 LAWN ESTABLISHMENT AND MAINTENANCE Establish fully germinated, well-distributed, healthy stand of specified grass showing uniform color, vigorous, mature blade growth without obvious bald spots, dead or thin, poorly filled areas, and free of weeds, undesirable grass species, disease and insects. SEEDED LAWNS 02935-7 2980 Ow 1. Apply additive for pH correction at rate recommended by topsoil testing service to adjust pH of topsoil to not less than 6.0 nor more than 7.0. a. If otherwise required by Architect, apply ground limestone at a rate of 25 pounds per 1,000 square feet. 2. Apply starter fertilizer at the rate of 3.6 lbs. per 1000 s.f. C. Following incorporation of additive and fertilizer, correct disturbed grades by raking and dragging. D. Make final root bed preparation by lightly tilling, rolling and leveling surface so that soil is smooth, friable and uniformly fine textured followed by light raking to make granular surface with furrows and crevices to receive seed. 3.05 SEEDING A. Sow seed at the following rates: 1. Type A Seed Mixture: 4 lbs./1,000 s. f. B. Use mechanical rotary or drop type spreader to sow seed. Install seed evenly by sowing 1/2 required amount in one direction and remainder at right angle to first seeding. For very small seed, mix with sand as a carrier to add bulk and assure uniformity of distribution for spreader. C. After seeding first part, rake or drag surface of soil lightly and evenly to incorporate seed into top 1/8" of soil. After seeding second part, roll with light lawn roller. D. Following rolling, water area with fine spray, moistening soil to depth of 111. 3.06 MULCHING A. Spread hay mulch over seeded areas within 24 hours after seeding. B. Mulch at rate of 70 to 90 lbs. of hay per 1,000 s.f. Distribute in a uniform blanket so that 75% - 90% of soil is covered. Ok SEEDED LAWNS 02935-6 2980 3.02 RECONDITIONING EXISTING LAWNS A. Remove diseased or unsatisfactory lawn areas. Scalp away and remove vegetation, leaves, thatch and root crowns. Remove topsoil containing foreign materials resulting from Contractor's operations, including oil drippings, stone, gravel, and other construction materials. B. Where substantial but thin lawn remains, rake, aerate if compacted, and cultivate soil; fertilize and seed. C. Provide and apply fertilizer, seed and additives as specified for new lawns and as required to provide a satisfactorily reconditioned lawn. Topdress with topsoil' as required to fill low areas and meet new finish grades. 3.03 TOPSOIL TESTS A. Unless otherwise required by Architect, obtain topsoil testing service's recommendations provided under Topsoil Section, for correcting topsoil pH to required level, and make corrections accordingly during preparation of beds by addition of ground limestone to raise level or aluminum sulfate or powdered sulfur to lower level of pH. 3.04 ROOT BED PREPARATION A. Till undisturbed topsoil areas and areas of newly fine graded topsoil which have become crusted or compacted 6" deep to improve drainage and root penetration. 1. Remove stones over 1" in any dimension and sticks, roots, rubbish, and other debris. 2. Recess finish grade at edges of paving, walkways and tops of curbs 1" to accept sod and allow for growth and build up of grass. 3. Grade areas to smooth, free draining, even surface with loose, moderately coarse texture. Remove ridges, and fill depressions as required to drain by leveling, raking and rolling. B. Evenly distribute and thoroughly till additives for pH correction and fertilizers into the top 3" of topsoil. Apply and incorporate each material in separate operation with mechanical equipment. Apply and incorporate by hand only in inaccessible areas. SEEDED LAWNS 02935-5 2980 B. Commercial Fertilizers: Granular, non-burning composition having guaranteed analysis, for professional use as ,follows: 1. Type A, Starter Fertilizer: Shall have the following composition by weight: Nitrogen (18%) (5.4% ammoniacal N. 8.4% WSN, 4.2% WIN) ; Ammoniated Phosphate (24%) ; Potassium (6%) as produced by O.M. Scott & Sons, Co. Proturf Division under brand name of "Proturf Fertilizer" or approved equivalent, unless soil tests indicate need for different composition as required by the Architect. 2. Type B, Top Dressing Fertilizer: Containing nitrogen (50% slow release organic IBDU or ureaformaldehyde) , phosphoric acid, and potash in 4-1-2 ratio by weight. C. Hay Mulch: Weed-free, dry, well seasoned, unrotted, clean, bailed, small grain or salt hay. No chopped or ground hay acceptable. D. Grass Seed Mixture: Fresh, or latest crop year in unopened bags with producer's label and analysis sewn on, uniformly blended in the following proportions by weight and meeting following standards of pure live seed (P.L.S. ) , content, purity, and germination: $ of Total By Weight Seed Type Germ. Pure Sd. Weed Sd. Tyne A Mixture 65 Kentucky Bluegrass 85 98 0.50 var. Touchdown 15 Fine Fescue var. 85 98 0.50 Jamestown or Pennlawn 20 Perennial Rye var. 90 98 0.50 Yorktown II or Palmer PART 3 - EXECUTION 3.01 INSPECTION . A. Examine areas to be seeded and installation conditions and determine whether seeded areas can be OW protected and maintained undamaged and healthy until final acceptance. If not, do not start work until conditions are satisfactory. SEEDED LAWNS 02935-4 2980 D. Use appropriate, effective manually or power operated Awk mechanical equipment for preparation and distribution to achieve uniform mixing, consistent treatment, and even distribution. 1. Distribute dry materials with mechanical rotary or drop type spreader and liquid applications with spray equipment, all well-operating and accurately calibrated. 2. Till soil with rotary tiller, plow, disk or harrow, whichever is most effective. E. Extent of Work: 1. Seed areas topsoiled or disturbed by construction operations not otherwise planted and mulched, paved or sodded. 2. Recondition existing lawn areas damaged by Contractor's operations, including storage of materials or equipment and movement of construction vehicles, and existing lawn areas as indicated. PART 2 - PRODUCTS 2.01 GENERAL: Substitutions will not be permitted, unless otherwise specified. Species, varieties, materials and products specified and indicated on Drawings by botanical or common name, trade name, manufacturer's name, producer's name, or catalogue number shall be provided. 2.02 MATERIALS A. Additives for pH Correction: 1. Aluminum sulfate or powdered commercial grade sulfur. 2. Ground Limestone: Dolomitic, not less than 85% total carbonates and magnesium, ground so that 50% passes 100 mesh sieve and 90% passes 20 mesh sieve. Coarser material shall be acceptable provided that specified rates of application are increased proportionately on basis of quantities passing 100 mesh sieve. SEEDED LAWNS 02935-3 2980 A. Certifications: 1. Ground Limestone or Aluminum Sulfate: Analysis certified by manufacturer. 2. Commercial Fertilizers: Analysis of each type certified by manufacturer. 3. Grass Seed: For each required grass seed mixture by seed vendor indicating date of testing, percentage by weight, and percentages of purity, germination, and weed seed for each grass species from sample taken and tested within last 6 months from projected date of seeding on job. 1.05 DELIVERY, STORAGE AND HANDLING A. Materials in bags and containers: 1. Deliver seed, fertilizers, additives, amendments and other materials with original tags and label securely attached. 2. Labels and tags will show vendor's, producer's or manufacturer's name, weight, and material analysis. 3. Deliver and store materials so that they remain uniform in composition, dry and free-flowing and do not deteriorate or lose effectiveness. 1. 06 PROJECT CONDITIONS A. Work Schedule: Sow grass seed in the Fall between August 15th and October 1st or in the Spring between April 1st and May 1st, or at such other times as required by the Architect. B. Provide water supply and water distribution equipment for maintaining moisture for seeded areas except where and in event that irrigation system is operational and providing coverage. C. Weather Conditions: 1. Do bed preparation when soils are in workable condition, neither too wet nor too dry. 2. Sow seed on dry or moderately dry soil at times when wind does not exceed velocity of 8 kph (5mph) . SEEDED LAWNS 02935-2 2980 SECTION 02935 SEEDED LAWNS PART 1 - GENERAL 1.01 SECTION INCLUDES A. This Section includes but is not limited to the following: 1. Preparing root beds. 2. Incorporating additive and fertilizer. 3. Seeding 4. Cleanup of work areas. 5. Maintenance of seeded areas until final acceptance. 1.02 RELATED SECTIONS A. Tree and Plant Protection: Section 02110. B. Topsoil: Section 02920. C. Topsoil Mixtures and Planting: Section 02950. 1.03 QUALITY ASSURANCE A. Work of this Section will be performed by approved Landscape Firm with good reputation, successful record over past 5 years on projects of similar size and complexity and which maintains regular force of experienced workmen skilled in work of this Section. B. Testing: The Architect reserves the right to test and reject any materials appearing not to meet material specifications by tests in accordance with the methods adopted by the Association of Official Agricultural Chemists. Costs for these tests shall be paid for by the Contractor. 1.04 SUBMITTALS: Deliver submittals to Architect and obtain his approval prior to ordering materials or beginning work or as otherwise required. Time delivery to allow reasonable review period and prevent delays. SEEDED LAWNS 02935-1 2980 2. Fill, trim, blend and feather proposed grades to meet surrounding existing terrain, paving, curb, edge and building base conditions in smooth transition without abrupt level changes. 3. Pitch surfaces for positive drainage, shedding runoff in direction of drainage courses or drain structures. Ensure that surfaces pitch away from buildings minimum 2% for 20' unless otherwise indicated on Drawings. 4. Recess finish grade at edges of paving, walkways and tops of curbs 1" to accept sod and allow for growth and build up of grass. D. Rake surfaces clean of debris and stones 1" or larger in any dimension. E. Compact topsoiled areas with approved roller weighing approximately 500 lbs. Regrade to eliminate bumps and depressions until satisfactory finish grade is obtained. F. Do work around existing trees and shrubs as required under Section 02110 - Tree and Plant Protection. G. Stockpile and spread excess topsoil not required for work in locations and to depths and grades determined by Architect. 3.04 PROTECTION A. Protect' fine graded areas from traffic and erosion and keep free of trash and debris. B. Repair, re-shape and re-establish finished grades where areas settle, erode, are disturbed and damaged. 3.05 CLEANING A. Clean topsoiled areas of debris, making them suitable for grass and planting work prior to acceptance by Architect. B. Remove trash and debris from site and dispose of it legally. Do not dispose of rocks, stones, boulders, vegetative materials, trash or other debris in existing wooded or shrub areas. AW END OF SECTION TOPSOIL 02920-6 2980 3. Preparation: After topsoil source has been approved, grub out and remove any brush and cut and remove any weeds in area or stockpile. Where there are substantial number of objectionable weeds, strip and remove top 1" of soil before any topsoil is taken. PART 3 - EXECUTION 3.01 INSPECTION A. Examine proposed areas to be topsoiled and conditions of installation. Do not start topsoiling work until unsatisfactory conditions are corrected. B. Examine areas to be topsoiled with Architect and identify poorly draining subgrades for corrective preparatory work. Include both naturally occurring areas and areas which may have been formerly compacted, underlain former paved areas, and compacted by construction operations and activities. 3.02 SUBGRADE PREPARATION t A. In areas where subgrade is poorly draining scarify subgrade 12" deep with vibrator plow or other methods approved by the Architect. B. Harrow or otherwise loosen and roughen subgrade surfaces to depth of 3" or as otherwise approved by Architect to provide bonding key for topsoil. 3.03 INSTALLATION A. Distribute, uniformly spread topsoil and obtain minimum depths after settlement in areas to be seeded, sodded or sprigged with grass and not otherwise planted, surfaced or paved as indicated on Drawings. B. While spreading topsoil, remove excessive amounts of large clods, hard lumps, rocks, roots, sticks, vegetative matter and other debris. C. Fine grade topsoiled areas: 1. Shape and rake surfaces to lines, finish grades and thickness required providing a smooth, uniform surface with an uninterrupted drainage pattern free of hollows and pockets. TOPSOIL 02920-5 2980 PART 2 - PRODUCTS 2.01 MATERIALS A. New Topsoil: Imported, fertile, friable material of loamy character; of uniform grade without admixture of subsoil material; reasonably free from clods, stiff clay, hardpan, large stones, plants, roots, sticks, glass, waste building materials, rubbish, debris and other deleterious or objectionable materials. 1. Quality: a. One hundred percent by weight will pass 1" mesh sieve and 97% to 100$ will pass 1/4" mesh sieve. In material passing 1/4" mesh sieve there will not be less than 20% or more than 65% passing No. 200 mesh sieve as determined by wash test made in accordance with standard test ASTM D1140. b. Topsoil will contain not less than 4% nor more than 20% organic matter in portion of sample which passes 1/4" mesh sieve when determined by wet combustion method on sample dried at 1050C. c. Topsoil will have true range of pH values from 7.0 - 5.5. 2. Source will be single origin with supply of sufficient size to meet complete project needs and one of the following: a. Areas from which no topsoil has been previously taken and which possesses such uniformity as to offer assurance to the Architect that product will be homogeneous and will meet specified requirements. b. Area which is or has been in cultivation within past ten years and is producing or has produced fair to good yield of farm crops within unusual fertilization, or area which would be readily cultivable for farm crop, and is supplied with good normal drainage. c. Approved topsoil supplier or producer of manufactured, soil-based growing medium with a stockpile of material uniformly treated and of consistent nature meeting required characteristics and qualities. TOPSOIL 02920-4 2980 "* A. Submit name and location of proposed supply source of new topsoil with certified analysis by recognized, independent testing service including tests for quality requirements in art. 2.01, para. A. , subpara. 1. of proposed topsoil. B. Submit test reports for topsoil. 1.05 DELIVERY, STORAGE AND HANDLING: Keep topsoil from being mixed with subsoil, subgrade materials, other stockpiled materials, waste materials, debris and other contaminants. 1.06 PROJECT CONDITIONS A. Coordinate work under this Section closely with work of other trades wherever such work affects or is affected by the work included herein. B. Divide site into logical work parcels scheduling and completing work in each area in continuous operation so that grass and planting work can follow expeditiously. C. Fine grading shall be accepted by Architect prior to seeding, sodding, sprigging and planting. D. Do not work with soggy, muddy or frozen topsoil or install topsoil during rain or on subgrades which are muddy, under water or frozen. E. Topsoil: 1. Haul and spread existing topsoil from on-site stockpile. 2. Provide new topsoil from off-site source if required to complete work. 3. Provide screened existing or new topsoil for topsoil mixes under the work of Section 02950, Planting, as required to completed that work. 4. Any excess existing topsoil will remain property of Owner. TOPSOIL 02920-3 2980 C. Testing: 1. Provide, and pay for materials testing by recognized, independent testing service approved by Architect. 2. Take representative samples for testing from materials as they are delivered or where they are found on-site in presence of and in manner satisfactory to Architect as follows: a. Existing stockpiled and new topsoil: Each 100 cy. b. Existing undisturbed topsoil within limits of lawn, grass and plant installation work: Every 5000 sf. 3. Provide testing of following materials for analysis data indicated: a. Topsoil: 1. Topsoil chemical tests including acidity-alkalinity test and organic constituents analysis. 2. Topsoil physical tests including sieve analysis for range outlined in art. 2.01, para. A, subpara. 1.a. 3. Each analysis shall be accompanied by service's recommendations for bringing topsoil to true range of pH values listed below for each of following uses: a. Lawns and Grasses - pH 6.0 - 6.8 b. General Ornamentals - pH 5.5 - 6.5 C. Ericaceous Ornamentals - pH 4.5 - 5.5 1.04 SUBMITTALS: Deliver submittals to Architect and obtain his approval prior to ordering materials or beginning work or as otherwise required. Time delivery to allow reasonable review period and prevent delays. TOPSOIL 02920-2 2980 SECTION 02920 TOPSOIL PART 1 - GENERAL 1. 01 SECTION INCLUDES A. This Section includes but is not limited to the following: 1. Preparation of subgrade in areas to receive topsoil. 2. Providing new topsoil, if required. 3. Testing topsoil. 4. Hauling and spreading existing topsoil. 5. Delivering and spreading new topsoil, if required. 6. Fifie grading. 1.02 RELATED SECTIONS A. Tree and Plant Protection: Section 02110. B. Earthwork: Section 02210. C. Seeded Lawns: Section 02935. D. Topsoil Mixtures and Planting: Section 02950. 1.03 QUALITY ASSURANCE A. Work of this Section shall be performed by approved Landscape Firm with good reputation, successful record over past 5 years on projects of similar size and complexity and which maintains regular force of experienced workmen skilled in work of this Section. B. Architect will approve, and reserves right to inspect, source of new topsoil. Inspection of new topsoil source will not affect right of rejection on delivery or during progress of work of topsoil that does not meet quality and other material requirements, nor relieve Contractor of responsibility for requirements. TOPSOIL 02920-1 2980 2. Install fasteners as per plans; splicing of rails will be prohibited. C. Finish: Any galvanized elements which have been cut or worked so as to destroy the zinc coating and cause the base metal to be exposed shall have the exposed base metal thoroughly cleaned and painted with one coat of zinc dust oxide paint and a finish coat of aluminum paint. 3 .03 CLEANING A. Perform cleaning during installation of work and upon completion of the work. Remove excess materials, debris and equipment from the site. Leave site clean and neat. END OF SECTION 02843 TIMBER GUIDE RAIL 02843-3 2980 PART 2 - PRODUCTS oomk 2.01 MATERIALS A. Timber: Pressure treated southern yellow pine No. 1 KD. 1. Pressure treatment for posts: CCA (copper chromate) in accordance with AWPA P-5, 0.60 lbs. per cubic foot or pentachlorophenol in accordance with AWPA P-9, Type B, 0.50 lbs. per cubic foot. 2. Pressure treatment for rail CCA (copper chromate) in accordance with AWPA P-5, 0.40 lbs. per cubic foot or pentachlorophenol in accordance with AWPA P-9, Type B, 0.50 lbs. per cubic foot. B. Anchor Bolts: shall conform to ASTM A449. 1. The nuts and washers for anchor bolts shall conform to ASTM A563, Grade B. All other bolts and nuts shall conform to the requirements of ASTM A307 unless otherwise noted in the plans. Miscellaneous washers and fittings, unless otherwise shown on the plans, shall conform to ASTM A36. 2. Bolts, nuts and washers: galvanized to meet the requirements of ASTM A153. Fittings shall be galvanized after fabrication to conform to AASHTO M111 (ASTM A123) . PART 3 - EXECUTION 3.01 EXCAVATION, BACKFILL & COMPACTION A. Excavate, backfill with suitable soil materials, and compaction shall conform with Section 02210, Earthwork, as applicable for "Footings" . 3.02 INSTALLATION A. Posts: Locate posts as shown on the plans, set plumb and in alignment with the rail at the line and grade required as shown on the plans. B. Rails: Erect rails to produce a smooth, continuous rail as shown on the plans. Deflect rails at posts as required. 1. Field Paint: With CCA any exposed cuts in wood to provide wood treatment protection. TIMBER GUIDE RAIL 02843-2 2980 AOW SECTION 02843 TIMBER GUIDE RAIL PART 1 - GENERAL 1.01 SECTION INCLUDES A. This Section includes but is not limited to the following: 1. Excavation and backfill. 2. Timber guide rail with wood posts. 1.02 RELATED' SECTIONS A. Earthwork: Section 02220 B. Seeded Lawns: Section 02935 1.03 QUALITY ASSURANCE A. Wood specie type, grade and moisture content shall conform to standards of the Southern Forest Products Association. B. Pressure treatment shall conform to standards of the American Wood Preservers' Association. 1.04 SUBMITTALS A. Certification: Submit a Material Certificate and a Certificate of Compliance for wood products and pressure treatment. 1. 05 DELIVERY, STORAGE AND HANDLING A. Timber Guide Rail and Wood Posts: Deliver, store and handle wood products to prevent soiling and damage. Stack wood products off the ground. 1.06 PROJECT CONDITIONS A. Establish and maintain required lines and grade elevations. B. Do not install wood posts over wet, soggy, muddy or frozen subgrade. C. Protect adjacent work. 000. TIMBER GUIDE RAIL 02843-1 3.02 CLEANING, PIPING. CATCH BASINS AND INLETS A. During installation, use every precaution to keep pipes free of foreign materials. B. After all site work is completed, including spreading of topsoil and seeding, clean site and debris from all structures and lines. C. Notify the Engineer upon completion of cleaning operations. END OF SECTION COOLEY DICKENSON STORM DRAINAGE PROJECT NO. 21-95-065 02600 - 3 B. Gravel fill shall be clean, free from foreign substances, clay, silts, loam or vegetable matter. Gravel shall be sound, tough, durable and free from thin elongated pieces. The material shall meet the following gradation requirements: Sieve Size: 3 1/2" 1/2" No. 10 No. 40 No. 100 Percent Passing 100 30-65 20-55 5-30 0-5 C. Catch basins and drop inlets shall conform to DOT standards. Grates shall be pedestrian type. D. Drainage structure castings shall be high quality, gray cast iron conforming to ASTM A48 Class 25 as manufactured by Waterbury Foundry or acceptable equivalent. E. Precast concrete units shall be 4000 psi at 28 days. F. Masonry units shall conform to ASTM C-139. PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS A. Construction of drainage structures shall conform to DOT standards. B. Pipe beds shall be rounded to accommodate the bottom quadrant of the pipe. The interior of the pipe shall be clean when it is lowered into the trench. C. Pipe laying shall begin at the downstream end. No pipe shall be placed unless a suitable outlet is provided. Batter boards shall be placed at intervals of not over 25 feet or other suitable control shall be used to eliminate sag in the line during installation. D. Any piping which is not in true alignment, shows settlement or is otherwise unsatisfactorily bedded shall be taken up and relaid without additional compensation. o COOLEY DICKENSON STORM DRAINAGE PROJECT NO. 21-95-065 02600 - 2 DIVISION 2 - SITE WORK SECTION 02600 - STORM DRAINAGE PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. The General Provisions of the Contract, including the General Conditions and Supplementary General Conditions apply to the work specified in this Section. 1.02 SCOPE OF WORK A. The work under this Section includes all labor, supervision, materials and equipment necessary for the completion of all underground storm drainage systems of lines and structures as shown on the Plans and as specified, including connection to existing storm drainage system. 1.03 SUBMITTALS A. The Contractor shall submit the following items for approval: 1. Reinforced Concrete Pipe 2. Precast concrete catch basin, oil/sand interceptor and manhole 3. Cast iron frames and grates, steel catch basin frames and steel grates 1.04 AS-BUILT DRAWINGS A. As work progresses, a clean print of the Site Plan shall be maintained showing all size, line and grade changes. Submit As-Built Drawings to the Engineer at the completion of site drainage work. PART 2 - PRODUCTS 2.01 MATERIALS A. Reinforced concrete pipe (RCP) shall conform to AASHTO M170, (ASTM C-76). Pipe shall be Class IV, Wall B, with flexible watertight rubber type gaskets, unless otherwise specified. Pipe reinforcing shall be circular. COOLEY DICKENSON STORM DRAINAGE PROJECT NO. 21-95-065 02600 - 1 2980 B. Base: Spread porous base material and compact in maximum 6" lifts to 95% of the maximum dry density in accordance with ASTM D698 Standard Protector Method. 3.03 INSTALLATION A. Setting Curb: Place concrete at the joints as indicated on the Drawings. All remaining spaces under the curb shall be filled with additional porous material thoroughly compacted so that the curb will be completely supported throughout its length. B. Line and Grade: The curb shall be set at the line and grade required as shown on the plans. Curb shall be fitted together as closely as possible. C. Pointing: The joints (both front and back) between curb stones shall be carefully filled with cement mortar and neatly pointed on the top and front exposed portions. 3.04 CLEANING A. After pointing, the granite curb shall be satisfactorily cleaned of all excess mortar that may have been forced out of the joints. B. Wash granite curb free of stains, discolorations, dirt and other foreign material immediately prior to final acceptance. END OF SECTION GRANITE CURBS 02525-3 2980 ground, under cover and protect from weather damage and ate"* deterioration. Stockpile and handle aggregates to prevent mixing with foreign materials. 1.06 PROJECT CONDITIONS A. Establish and maintain required lines and grade elevations. B. Do not install granite curb work over wet, soggy, muddy or frozen subgrade. C. Do not install concrete or mortar when air temperature is below 40 degrees F. Use of calcium chloride, salt, or any other admixture to prevent concrete or mortar from freezing is prohibited. D. Protect adjacent work. PART 2 - PRODUCTS 2.01 MATERIALS A. Granite Curb: MAHD M9.04.1. B. Mortar: MAHD M4.02. 15. C. Porous Fill: AASHTO M43, #6 (3/8" to 3/4") uniformly graded, clean crushed stone or gravel. D. Concrete: Section 02515 - Concrete Paving. PART 3 - EXECUTION. 3.01 INSPECTION A. Examine subgrades and installation conditions. Do not start granite curb work until satisfactory conditions are corrected. 3.02 PREPARATION A. Subgrade: Proof-roll subgrade of granite curb and do necessary rolling and compacting to obtain firm, even subgrade surface. Fill and consolidate depressed areas. Remove incompatible materials, replace with clean fill and compact to 95% of the maximum dry density in accordance with ASTM D698 Standard Protection Method. GRANITE CURBS 02525-2 ' 2980 OW SECTION 02525 GRANITE CURBS PART 1 - GENERAL 1.01 SECTION INCLUDES A. This Section includes but is not limited to the following: 1. Final subgrade preparation and porous base. 2. Granite curbs (vertical and sloped face) . 1.02 RELATED SECTIONS A. Earthwork: Section 02210 B. Asphaltic Concrete Paving and Curbs: Section 02510 C. Concrete Paving: Section 02512 1. 03 QUALITY ASSURANCE A. Applicable operations, materials and methods shall be in accordance with the Commonwealth of Massachusetts, Highway Department, Standard Specifications for Highways and Bridges, 1988, and Addenda, (MAHD) , except where otherwise specified herein. B. Provide stone from only one quarry to ensure cross- sectional uniformity and consistent color range and texture. 1.04 SUBMITTALS A. Product Data: Submit manufacturer's product data for each type of curb required. B. Samples: Submit samples of portions of full size units to include the full range of exposed color, texture and finish proposed for the work. 1. 05 DELIVERY, STORAGE AND HANDLING A. Stone Curb: Deliver, store and handle stone to prevent soiling and damage. Stack stone off the ground. B. Mortar Materials: Deliver mortar materials in manufacturer's unopened and undamaged containers with labels intact and legible. Store material off the GRANITE CURBS 02525-1 2980 3.06 CLEANING A. Perform cleaning during installation of work and upon completion of the work. Remove excess materials, forms, debris, and equipment from site. Repair damage resulting from concrete operations. B. Sweep concrete walks and pavement and wash concrete surfaces and faces free of stains, discoloration, dirt, and other foreign material immediately prior to final acceptance. END OF SECTION CONCRETE PAVING 02512-11 2980 C. Testing: 1. Provide, slump test on ,first load of concrete delivered each day and whenever requested due to changes in consistency or appearance of concrete. 2. Provide air indicator tests and air meter tests for all air-entrained concrete. a. Perform air indicator test with "Chase" AE 35 or equal air indicator, and air meter test in accordance with ASTM C231 or C173. Test first load of concrete delivered each day. b. Furnish copies of field records and tests reports as listed for strength tests. 3. Strength Testing: a. Provide 1 set of 3 test specimens for each 50 cu. yd. placed in any one day. Secure samples in accordance with ASTM C172 and mold specimens in accordance with ASTM C31. AOW b. Test 1 specimen at 7 days and 2 specimens at 28 days in accordance with ASTM C39. c. Furnish copies of field records and test reports as follows: 2 copies to Architect 1 copy to Contractor 1 copy to Ready Mix Supplier 4. Record exact location of concrete in work represented by each set of cylinders and show on test reports. 5. Provide insulated moist box for protection of test cylinders until shipped to laboratory. 3.05 PROTECTION A. Protect concrete work from damage due to construction and vehicular traffic until final acceptance. Exclude construction and vehicular traffic from concrete pavement for at least 14 days. CONCRETE PAVING 02512-10 2980 b. Textured finish for slabs-on-grade: 1. Where indicated on Drawings provide uniform, fineline, medium broom finish by drawing soft broom across concrete surface, perpendicular to line of traffic or otherwise in direction indicated on Drawings. Repeat brooming as necessary. Use approved push broom with clean, straight unworn bristles. Keep bristles clean of concrete buildup during use. 2. Where indicated on Drawings provide uniform, medium grained, non-directional finish, using wood float. 3. Provide rubbed finish for side faces that will be visible. 4. Where indicated on Drawings provide smooth, steel-tooled edge borders and bands in patterns and widths required, or otherwise remove visible tool marks as- required. c. Ramps: Lightly broadcast non-slip aggregate, trowel in and provide indicated textured finish. D. Do not remove forms until concrete has set up sufficiently to support its own weight without slumping. E. Curing: Cure concrete with a non-staining liquid membrane-forming compound. Apply spray in accordance with manufacturer's recommended coverage rates and instructions immediately after completing surface finish. F. Joint Caulking: Install bond breaker and caulk with sealer as specified by the manufacturer. 3.04 FIELD QUALITY CONTROL A. Provide field quality control testing and inspection during concrete operations. B. Contractor will provide adequate notice, cooperate with, provide access to the work, obtain samples, and assist test agency and their representatives in execution of their function. CONCRETE PAVING 02512-9 2980 4. Provide expansion joints using premolded joint filler as follows: a. Locate expansion joints as indicated on Drawings or approved Shop Drawings. When not given on Drawings, provide joints at maximum 20' on center for curbs and walks at concrete work abutting curbs, walls, structures, walks, and other fixed objects. Align expansion joints in abutting curbs and walks. b. Install joint fillers full-width and depth of joint. Recess top edge below adjacent finished surface 1/2" or as otherwise indicated on Drawings. For forming, attach approved plastic cap strip to top edges of fillers. Protect top edge of joint filler during concrete placement. c. Provide joint fillers in single lengths for the full slab width, whenever possible. Fasten joint filler sections together when multiple lengths are required. Hold fillers in place by means of steel pins or approved installing devices to prevent warping during placing and finishing. C. Concrete Finishing: 1. Perform concrete finishing using mechanical or hand methods as required. 2. On completion of floating, and after bleed water has disappeared and concrete can sustain foot pressure with only slight indentation, cut concrete away from forms. Work edges with an edging tool. Round edges to 1/8" radius unless otherwise indicated on Drawings. 3. Install control joints at indicated locations during edging operations. 4. Complete surface finish as follows: a. Tool outside edges and joints with approved radius edging tool. CONCRETE PAVING 02512-8 2980 5. Place and spread concrete to the full depth of the forms. Use only square-end shovels or concrete rakes for hand-spreading and consolidating concrete. Exercise care during spreading and consolidating operations to prevent segregation of aggregate and dislocation of reinforcement. 6. Place concrete in continuous operation between expansion joints. Provide construction joints, arranged in approved manner when sections cannot be placed continuously. 7. Place concrete in one monolithic course for full width and depth of concrete work. 8. Strike-off and bull-float concrete after consolidating. Level ridges and fill voids. Check surface with a 10'-0" straightedge. Fill depressions and refloat repaired areas. Darby concrete surface to provide a smooth level surface ready for finishing. B. Joints: 1. Install control, expansion, and construction joints properly aligned and perpendicular with faces and surfaces. 2. Tool joints to depth equal to not less than one- fifth (1/5) of the concrete thickness or as otherwise indicated on Drawings. Hand tool control joints in pattern and at spacing indicated on Drawings or approved Shop Drawings. When not otherwise indicated on Drawings or approved Shop Drawings, provide spacing equal to slab width but not greater than 10'-0" on center. Use straight edges and chalk lines to accurately guide hand tools. 3. Provide standard keyed-section construction joints where indicated on Drawings or otherwise approved. CONCRETE PAVING 02512-7 2980 D. Coat form surfaces in contact with concrete with form release agent. Clean forms after each use and coat with form release agent as necessary to assure separation from concrete without damage. E. Locate, place, and support reinforcement as indicated on Drawings. 1. Provide a single layer of welded wire fabric in all concrete slabs-on-grade. 2. Provide reinforcing bars for concrete item if so indicated on Drawings. Adequately support and secure reinforcement. 3. Prevent displacement. F. Install, set, and build-in work furnished under other specification sections. Provide adequate notification for installation of necessary items. G. Install conduits and pipe sleeves furnished under other sections. Stake location of conduits and sleeves. 3.03 INSTALLATION A. Concrete Placement: 1. Comply with ACI 304 "Recommended Practice for Measuring, Mixing, Transporting, and Placing Concrete", and as specified. 2. Protect concrete from physical damage or reduced strength due to weather extremes during mixing, placing, and ,curing. In cold weather comply with ACI 306„ "Recommended Practice for Cold Weather Concreting". In hot weather comply with ACI 305, "Recommended Practice for Hot Weather Concreting". 3. Remove loose material and debris from base surface before placing concrete. 4. Moisten subgrade or base to provide a uniform dampened condition at time concrete is placed. CONCRETE PAVING 02512-6 2980 H. Expansion Joint Cap Strip: Extruded, plastic, removable strip made specifically for forming recessed joints. By Vinylex, Knoxville, TN 37921 (615) 690-2211 or approved equivalent. I. Non-slip Aggregate: Fused aluminum oxide grits, factory graded, packaged, rust-proof, nonglazing and white colored. "Alundum Abrasive Grain, " size 20, by Norton Co. , Worcester, MA, 01606, or approved equal. J. Curing Compound: ASTM 0309, non-yellowing, non- staining liquid membrane-forming type containing a fugitive dye. Chlorinated rubber compounds are not acceptable. K. Sealant: ' 2' part, self-leveling, pourable, polyurethane, of selected concrete gray color, conforming to FS TT-S-00227E, Type 1, Class A. PART 3 - EXECUTION 3.01 INSPECTION A. Examine subgrades and installation conditions. Do not start concrete work until unsatisfactory conditions are corrected. B. Verify that frames for manholes, basins, drains, valves, boxes, and other flush structures within and adjacent to areas to be paved and in curb lines are at their proper elevation and alignment. 3.02 PREPARATION A. Subgrade: Proof roll subgrade of concrete pavings and do necessary rolling and compacting to obtain firm, even the subgrade surface. Fill and consolidate depressed areas. Remove uncompactable materials, replace with clean fill and compact to 95% of the maximum dry density in accordance with ASTM D698 Standard Proctor Method. B. Base: Spread porous base material and compact in maximum 8" lifts to 95% of the maximum dry density in accordance with ASTM D698 Standard Proctor Method. C. Install, align, and level forms. Stake and brace forms in place. Maintain following grade and alignment tolerances: 1. Top of form: Maximum 1/8" in 10'-011. 2. Vertical face: Maximum 1/4" in 10'-011. CONCRETE PAVING 02512-5 2980 2.02 CONCRETE MIXTURES A. Provide only transit mixed concrete conforming to ASTM C-94. 1. Strength: 4,000 psi minimum at 28 days. 2. Slump range: 2" to 4" maximum as determined in accordance with ASTM C-143 B. Provide a water-reducing admixture in concrete. C. Provide an air-entraining admixture in concrete for an air content of 5% to 7% as determined in accordance with ASTM C-173. D. Indicate water added to mix at job site on each delivery ticket. Show quantity of water added. Site water tempered mixes exceeding specified slump range will be rejected as not complying with specification requirements. 2.03 ACCESSORIES A. Porous Material: AASHTO M43, #6 (3/8" to 3/411) uniformly graded, clean crushed stone or gravel. B. Forms: Clean, straight, free of defects and distortion. Of height equal to full depth of concrete works. Conforming to profiles, lines and dimensions indicated on Drawings. Of metal construction, except on sharp radius bends where plywood forms may be used. Of sufficient strength to resist concrete placement .pressure and to maintain horizontal and vertical alignment during concrete placement. C. Form Release Agent: Non-staining chemical form release agent free of oils, waxes, and other materials harmful to concrete. D. Reinforcing Steel: ASTM A615, A616, or A617, Grade 40, new domestic deformed steel bars. E. Welded Wire Fabric: ASTM A185, welded, plain cold- drawn steel wire fabric. F. Reinforcing and WWF Supports on Grade: Concrete briquettes. G. Joint Filler: ASTM D1751, premolded non-extruding asphalt-impregnated fiberboard. CONCRETE PAVING 02512-4 2980 D. Concrete test reports. 1.05 DELIVERY, STORAGE, AND HANDLING A. Deliver curing materials, admixtures, and retarders in manufacturer's original unopened containers with labels legible and intact. Store and protect from freezing and damage. 1.06 PROJECT CONDITIONS A. Work notifications: Notify Architect at least 24 hours prior to beginning installation of concrete for each type and section of work. B. Establish and maintain required lines and grade elevations. C. Do not install concrete work over wet, soggy, muddy, or frozen subgrade. D. Do not install concrete when air temperature is below 40 degrees F. Use of calcium chloride, salt, or any other admixture to prevent concrete from freezing is prohibited. E. Protect adjacent work. F. Provide' temporary barricades and warning lights as required for protection of project work and public safety. PART 2 - PRODUCTS 2.01 CONCRETE MATERIALS A. Portland Cement: ASTM C-150, Type I cement, natural color. B. Course Aggregate: ASTM C33 normal weight aggregates, 1" maximum size, clean, uncoated crushed stone or gravel coarse aggregate free of materials which cause staining or rust spots; C. Fine Aggregate: ASTM C33, clean natural sand. D. Water: Clean, potable. E. Air-entraining Admixture: ASTM C260. F. Water-reducing Admixture: ASTM C494. CONCRETE PAVING 02512-3 2980 F. Field Samples: 1. Architect may select sections of existing on site concrete as samples to be matched by new installation work; otherwise produce field samples of concrete work at location selected by Architect. Produce additional samples, if required and obtain Architect's approval prior to beginning actual installation. Retain approved samples during construction as standards for workmanship and appearance of installation. 2. Demonstrate color, finish, pattern, expansion joints, control joints, tooling and caulking for work as follows: a. Walks: 6' x 18 ' panel. b. Ramps, landings and pads: 6' x 6' panel. 1.04 SUBMITTALS: Deliver following submittals to Architect and obtain his approval prior to ordering materials or beginning work or as otherwise required. Time delivery to allow reasonable review period and prevent delays. A. Concrete mix designs. B. Product data: 1. Complete materials list of items proposed for work identifying materials source. 2. Admixture, curing compound, retarder, and accessory items. 3. Material certificates for aggregates, reinforcing, and joint fillers. C. Concrete delivery tickets showing following: 1. Batch number. 2. Mix by class or sack content with maximum size aggregate. 3. Admixtures. 4. Air, content. 5. Slump. 6. Time of loading. CONCRETE PAVING 02512-2 2980 SECTION 02512 CONCRETE PAVING PART 1.00 - GENERAL 1.01 SECTION INCLUDES ,, A. This Section includes but is not limited to the following: 1. Final subgrade preparation, and porous base. 2. Concrete slabs-on-grade (walks, pads, landings, ramps and paving) . 1.02 RELATED SECTIONS A. Earthwork: Section 02220 B. Granite Curbs: Section 02525 1.03 QUALITY ASSURANCE A. Qualifications: The work of this Section will be performed by qualified and experienced installers. The installers shall be organizations of established reputation which are regularly engaged in and which maintain a regular force of workmen skilled in the installation of the type of work specified in this section and is acceptable to the Architect. B. Materials and methods of construction will comply with the following standards: 1. American Society for Testing and Materials, (ASTM) . 2. American Concrete Institute, (ACI) . C. Do not change source or brands of cement and aggregate materials during the course of the work. D. Maintain field records of time, date of placing, curing, and removal of forms of concrete in each portion of work. E. Owner will provide and pay for testing and inspection by an independent testing laboratory during concrete operations. CONCRETE PAVING 02512-1 2980 D. When requested, perform laboratory tests on asphalt pavement mixes to determine compliance with specified requirements. E. Perform 1 series of compaction tests for granular subbase for each course for each day's work. F. Test in-place asphaltic concrete base course and surface courses for compliance with density and thickness. Take no smaller than 4" diameter pavement specimens of each completed course. Repair test specimen holes to match adjacent work. 1. Average density of in-place material: Equal to or greater than 97%, with no individual determination less than 95% of average density of laboratory specimens. 2. Perform 1 test for density for each course for each day's work. 3 . Thickness: Make at least 1 test for each 5,000 sq. ft. of each type of paving. G. Test for surface smoothness with 10'-0" straight- edge. Define, remove, and replace, or adjust deficient areas to design thickness by methods acceptable to Architect. H. During progress of work when field tests indicate that installed compacted materials do not meet specified requirements, remove defective materials, install new materials, and re-test at Contractor's expense, as directed by the Architect. 3. 09 PROTECTION A. Protect work from damage due to construction and vehicular traffic until final acceptance. 3. 10 CLEANING A. Perform cleaning during installation of the work and upon completion of the work. Remove from site all excess materials, debris, and equipment. Repair damage resulting from paving operations. B. Sweep pavement and wash free of stains, discolorations, dirt, and other foreign material immediately prior to final acceptance. END OF SECTION ASPHALTIC CONCRETE PAVING AND CURBS 02510-10 2980 3.07 INSTALLATION: ASPHALTIC SLOPED CURB A. Lay and compact curbing with approved mechanical curbing machine. Hand-lay curbing only where machine laying is not possible and it has been approved by Architect. B. Prior to arrival of asphaltic concrete mixture on job clean surface of paving of loose and foreign material. Just prior to placing mixture, when surface is clean and dry, coat it with tack coat. C. Transfer mixture from delivery truck into hopper of curbing machine on job site. Keep mixture free of dirt and foreign material during transfer and installation. D. If design of curbing machine is such that outside wheels must operate outside of curb, obtain smooth surface by grading and consolidating area on which outside wheel of machine rides at Contractor's expense. E. Install curbing true to required radii and lines. Test surface of curbing with 10-foot straight edge and correct any variation from true line exceeding 1/4 " to satisfaction of Architect. F. Cut endings cleanly. Maintain uniform compaction; smooth consistent visual appearance; and integrity of curbing. Correct, repair and replace defective sections to satisfaction of Architect. G. Keep area free of traffic for period of at least 24 hours and until curbing has set sufficiently to bear traffic without damage. 3.08 FIELD QUALITY CONTROL A. Provide field quality control testing and inspection during asphaltic concrete paving operations. B. Contractor shall provide adequate notice, cooperate with, provide access to the work, obtain samples, and assist Test Agency and their representatives in execution of their function. C. Before construction of granular subbase course, field verify that subgrade surfaces are adequate and meet or exceed design bearing values. Provide a minimum of 1 test for each type of paving required. ASPHALTIC CONCRETE PAVING AND CURBS 02510-9 2980 3. 06 INSTALLATION: TRAFFIC STRIPING, MARKING AND SIGNS A. General: 1. Provide lines, lettering and markings required to define vehicular parking and standing spaces, and vehicular and pedestrian traffic flow. 2. Use approved traffic marking stencils for pavement signs and markings. 3. Erect poles and mount signs, plumb and secure. B. Disabled Parking Stalls and Passenger Loading Zones: Provide special mounted signs, markings, striping and stenciled pavement signs conforming to State Code requirements. C. Installation: 1. Thoroughly clean finished asphalt surfaces before striping and marking. Remove loose materials, dirt, and dust.. 2. Perform sample brush-out to determine if pavement is fully cured. If pavement crazes, spalls or shows other evidence of not being cured, allow further time as necessary. 3. Lay out work with chalk for approval by Architect prior to painting. 4. Spray paint to uniform density at rate of 400 square feet/gallon and to 5.0 total dry mil thickness unless manufacturer recommends otherwise. 5. Make lines uniform 4" width unless otherwise indicated on Drawings. Markings and lines shall have crisp edges without noticeable fogging or overruns. Lines shall be truly straight or curved as required. Work+ shall have uniform coloring and appearance. 6. Protect and keep surrounding surfaces free of spills, overruns and other damage. Clean immediately. Restore surfaces by approved methods. ASPHALTIC CONCRETE PAVING AND CURBS 02510-8 2980 C. Install asphaltic concrete surface material in single course. D. Place, spread, and strike off the asphaltic concrete mixture on a properly prepared and conditioned surface. Inaccessible and small areas may be placed by hand. Place each course to grade, cross-section, and compacted thickness indicated on Drawings. E. Place materials in strips not less than 10'-0" wide. After the first strip has been placed and rolled, place all succeeding strips and extend rolling to overlap previous strips. Complete base course for a section before placing surface course materials. F. Carefully make joints between old and new pavements, and between successive day's work, to ensure a continuous bond between adjoining work. Construct joints to have the same texture, density, and smoothness as other sections of the asphalt concrete course. G. Apply appropriate tack or prime coat to contact surfaces of existing pavement, curbs, and structures that will abut new pavement. H. Begin rolling operations when the asphaltic concrete mixture will bear the weight of the roller without excessive displacement. Compact areas inaccessible to rollers with vibrating plate compactors. I. Perform breakdown, second and finish rolling until the asphalt concrete mixture has been compacted to the required surface density and smoothness. Continue rolling until all roller marks are eliminated. Provide a smooth compacted surface true to thickness and elevations required. J. After final rolling, do not permit vehicular traffic on the pavement until it has cooled and hardened, and in no case sooner than 8 hours. K. Protect newly placed material from traffic by barricades or other suitable methods acceptable to the Architect. ASPHALTIC CONCRETE PAVING AND CURBS 02510-7 2980 2. Fill seams with an emulsion slurry or liquid asphalt mixed with sand. 3. Wipe treated surface, with a rubber edged squeegee to eliminate build-up. D. Pavement Butt Type Joints: Cut and remove existing paving. Install prime or tack coat as applicable followed by surface course. E. Transition Surface Course for Existing Pavement: Install tack coat over entire transition area followed by surface course as indicated on Drawings. 3.04 INSTALLATION: POROUS FILL, GRANULAR SUBBASE OR RECLAIMED BASE COURSE AND ASPHALTIC CONCRETE BASE A. Install porous fill and granular subbase or reclaimed base course material up to 6" thickness in single course; install 6" and greater thickness in 2 equal courses. B. Install asphaltic concrete base materials in single course to total compacted depth indicated on Drawings. C. Compact porous fill and granular subbase or reclaimed base course material to 100% of ASTM D698 maximum dry density until a uniformly-smooth, hard surface, complying with the lines, grades, elevations, and cross-sections shown has been established. Moisture may be added at job site to aid compaction. D. Compact asphaltic concrete base materials to 100% of ASTM D698 maximum dry density until a uniformly- smooth, hard surface, complying with the lines, grades, elevations, and cross-sections shown has been established. 3.05 INSTALLATION: ASPHALTIC CONCRETE SURFACE MATERIAL A. Remove loose and foreign material from compacted base immediately before application of surface material. Do not start surface work until all other work which may damage the finish surface is completed. B. When asphaltic concrete surface material is not installed immediately following the asphaltic concrete base course installation, apply tack coat to base course at the rate of 0.05 to 0.10 gallons per sq. yd. Allow to dry and cure. ASPHALTIC CONCRETE PAVING AND CURBS 02510-6 2980 3.02 PREPARATION A. Proof roll subgrade of vehicular traffic-bearing pavings and do necessary rolling and compacting to obtain firm, even subgrade surface. Fill and consolidate depressed areas. Remove uncompactable materials, replace with clean fill, and compact to 95% of the maximum dry density in accordance with ASTM D698 Standard Proctor Method. B. Frame Adjustments: 1. Verify frames for manholes, catch basins, and other such structures within areas to be paved are at their proper elevation and alignment. 2 . Adjust frames as required to match paving. Provide temporary closures over openings until completion of rolling operations. Remove closures at completion of the work. Set covers to grade, flush with the surface of adjoining pavement surface. C. Coordinate junction of new and existing pavement. Saw cut existing pavement to provide a uniform straight line transition. Meet existing surface levels and maintain drainage slopes. Feathering of transitions is not acceptable. D. Repair existing pavement before installing new overlay materials. Cut out depressions minimum depth of 1" with vertical cuts. Install fresh surface materials and compact with rolling equipment. Feathering of patches is not acceptable. Apply tack coat to contact surfaces of existing pavement, curbs, and structures abutting pavement. 3. 03 INSTALLATION: GENERAL A. Transport asphaltic concrete mixtures from the mixing plant to the project site in trucks with tight, clean compartments. B. Thoroughly clean existing pavement surfaces by air blowing, brooming or vacuuming before starting repair or resurfacing operations. C. Pavement seams in transition area of existing pavement: 1. Remove and waste existing loose asphaltic concrete surface material. ASPHALTIC CONCRETE PAVING AND CURBS 02510-5 2980 G. Tack Coat: Asphalt emulsion, AASHTO M-140 or M-208 SS-1, SS-1h, CRS-1, CSS-1, or CSS-1h. H. Traffic Striping and Marking Paint: Factory-mixed, quick-drying, non-bleeding paint specifically formulated for marking asphaltic concrete surfaces. White in color and as otherwise required by local regulations, state code and Architect. I. Asphaltic Sloped Curb: MAHD Class 1, Bituminous Concrete .Curb, Section M3.11.03, Table A, Dense Mix. J. Traffic Signage: Provide approved poles, signs, ground mounts, wall mounts and accessories. 1. Sign Mounting Posts: Posts, anchors and stiffeners of perforated, ' galvanized, square steel tubing with drive rivets, corner bolts, jam nuts, anchor sleeves and tubes, and other accessories. "Telespar Sign Support System" by Unistrut Corp. , Wayne, Michigan (313) 721-4040. 2. Signs: Conforming to MAHD, Aluminum Sign Panels, M8.19. 1. 2.02 EQUIPMENT A. Paving equipment: Spreading, self-propelled asphalt paving machines capable of maintaining line, grade, and thickness shown. B. Compacting equipment: Self-propelled rollers, minimum 10 ton weight. C. Hand tools: Rakes, shovels, tampers, and other miscellaneous equipment required to complete the work. D. Pavement painting equipment: Atomizing spray machines specifically designed for work. PART 3 - EXECUTION 3.01 INSPECTION A. Examine subgrades and installation conditions. Do not start asphaltic concrete paving work until unsatisfactory conditions are corrected. ASPHALTIC CONCRETE PAVING AND CURBS 02510-4 2980 1. 06 PROJECT CONDITIONS ate"" A. Weather limitations: 1. Do not install paving materials on wet or frozen subgrade surfaces. 2. Do not apply prime and tack coat materials when temperature is 50 degrees' F. or below. Do not apply to wet base surface. 3. Install asphalt base and surface materials only when underlying surface is dry and air temperature is 40 degrees F. or above. B. Grade control: Establish and maintain the required lines and grades, including crown, inverted crown, and cross-slopes, for each course during paving operations. C. Provide temporary barricades and warning lights as required for protection of project work and public safety. D. Protect adjacent work from damage, soiling, and staining during paving operations. PART 2 - PRODUCTS 2.01 MATERIALS A. Porous Fill: AASHTO M43, #6 (3/8" to 3/4") uniformly graded, clean-crushed stone or gravel. B. Granular Subbase: MAHD: Dense-graded, Crushed Stone for Subbase, M2.01.7. C. Reclaimed Base Course: MAHD, Reclaimed Base Course, Section 403.40 and Section M1.03.0. D. Asphaltic Concrete Base: MAHD Class 1, Bituminous Concrete; Section M3. 11.03, Table A, Dense Binder Course. E. Asphaltic Concrete Surface: MAHD Class 1, Bituminous Concrete; Section M3.11.03, Table A, Dense Mix. F. Prime Coat: Cutback asphalt, AASHTO M82, MC-30, MC- 70 or MC-250, medium curing. r ASPHALTIC CONCRETE PAVING AND CURBS 02510-3 2980 b. Base and Surface course: Maximum 1/4" plus, minus 0". 2. Finished surface smoothness: a. Subbase course: Maximum 3/8" in 10'-011 . b. Base and Surface course: Maximum 1/4" in 10'-011, any direction. 1. 04 SUBMITTALS A. Submit the following to the Architect for his approval prior to ordering. 1. 2 copies of materials certificates signed by the material producer and the Contractor, certifying that each material item complies with, or exceed specified requirements. 2. Traffic striping and marking paint product data with recommended application rate and methods of application. B. Submit reports for testing and inspection of the following: 1. Subgrade surfaces. 2. Porous fill materials. 3 . Subbase materials (granular subbase or reclaimed base course) . 4. Base materials. 5. Surface materials. 6. Compaction operations. 1.05 DELIVERY, STORAGE, AND HANDLING A. Deliver manufactured products in manufacturer's original, unopened, and undamaged containers with labels intact and legible. Store and handle manufactured products to prevent damage and deterioration. ASPHALTIC CONCRETE PAVING AND CURBS 02510-2 2980 SECTION 02510 ASPHALTIC CONCRETE PAVING AND CURBS PART 1 - GENERAL 1. 01 SECTION INCLUDES A. This Section includes but is not limited to the following: 1. Final subgrade preparation, porous fill and subbase course. 2. Roadway, parking, and walkway paving. 3. Traffic stripping and signs. 4. Asphaltic sloped curbs. 1.02 RELATED SECTIONS A. Earthwork: Section 02210. B. Granite Curbs: Section 02525. C. Site Drainage: Section 02720. 1.03 QUALITY ASSURANCE A. The Owner will provide and pay for testing and inspecting during paving operations by an independent testing laboratory. B. Applicable operations, materials and methods shall be in accordance with the Commonwealth of Massachusetts Highway Department, ►'Standard Specifications for Highways and Bridges" , 1988 and Addenda(MAHD) , except where otherwise specified herein. C. Provide aggregate and asphaltic concrete materials from sources, producers, and plants accepted within the preceding 12 months on other projects for the Commonwealth of Massachusetts having similar type specifications or requirements. D. Tolerances: 1. In-place compacted thickness: a. Subbase course: Maximum 1/2" plus, minus 011. ASPHALTIC CONCRETE PAVING AND CURBS 02510-1 2980 3. 08 FIELD QUALITY CONTROL A. During Construction allow testing services to inspect and approve subgrades and each fill layer before further construction work is performed. B. If, in the opinion of the Architect, based on testing service reports and inspection, subgrade or fills are below specified density, provide additional compaction as required to meet density. C. Contractor shall be responsible for any additional testing costs incurred. 3. 09 PROTECTION AND REPAIR: Protect subgraded areas from traffic, erosion and other damage. Repair, re-establish or recondition if necessary. 3. 10 SOIL STORAGE AND DISPOSAL A. Haul soil materials up to one mile to storage areas on Owner's property determined by Architect. B. Store topsoil and suitable excavated material that will be hauled back to site for filling, backfilling and topsoiling in stockpiles shaped and graded for drainage and erosion control. C. Install erosion control measures. Provide covers on stockpiles and seed surfaces of stockpiles and spoils to prevent erosion and sedimentation in compliance with Section 02100, Site Preparation. 3. 11 WASTE DISPOSAL: Remove excess excavated material, trash, debris, and waste materials and legally dispose of it off the Owner's property. END OF SECTION EARTHWORK 02210-9 2980 2. Moisten or aerate each layer as necessary to provide the optimum moisture content and compact each layer to required percentage of maximum dry density for each area classification. 3. Place backfill and fill materials evenly adjacent to structures. Take care to prevent wedging action of backfill against structures by carrying the material uniformly around structure to approximately same elevation of each lift. E. Backfilling around Pipes: Comply with Section 02720, Storm Drainage. 3.06 RIP-RAP PLACEMENT A. Machine placed to its full course thickness in one operation in such a manner as to produce a reasonably well-graded mass of rock without causing displacement of the underlying material. The finished surface shall be free from pockets of small stones and clusters of larger stones. Placing this material by methods likely to cause segregation of the various sizes of stone will not be permitted. Rearranging of individual stones by mechanical or hand methods will be required to the extent necessary to obtain a reasonably well-graded distribution of the specified stone sizes. The completed course shall be of the specified thickness and to the lines and grades as shown on the plans or as ordered by the Architect. Where machine placed rip-rap is called for, the rip- rap shall be installed and interlocked by machine, and by manual burring, wedging, etc. to produce a level plane exposed top. Dumping and spreading will not be permitted as a finished product. Install small pieces in voids to aid in interlocking of larger rip-rap stones. 3.07 GRADING: Grade and compact subgrades to the following surface tolerances: A. Lawn, Plant Bed or Other Unpaved Area Subgrades: Uniformly to transition areas at limits of grading to within 0.10 feet above or below required subgrade elevation throughout. B. Walkway, Curb and Pavement Subgrades: within ± 1/211. C. Footings, Foundations and Slab Subgrades: within ± 1/4". EARTHWORK 02210-8 2980 3.05 BACKFILL AND FILL A. Backfill, preparation for backfill, and fill material selection shall be subject to the approval of the Architect. Place approved suitable material in layers to required elevations. B. Backfill excavations as promptly as work permits, but not until completion of the following: 1. Acceptance by Architect of construction below grade. 2. Inspection, testing, approval, and recording of locations of underground utilities. 3. Removal of concrete formwork. 4. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. 5. Removal of trash and debris. 6. Permanent or temporary horizontal bracing is in place on horizontally supported walls. C. Ground Surface Preparation: 1. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow or break-up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill materials will bond with existing surface. 2. When existing ground surface has a density less than that specified for the particular area classification, break up' the ground surface, pulverize, moisture-condition to the optimum moisture content, and compact to required depth and percentage of maximum density. D. Placement and Compaction: 1. Place backfill and fill materials in layers not more than 8 inches in loose depth for compaction by heavy compaction equipment, and not more than 4 inches in loose depth for material to be compacted by hand-operated tampers. EARTHWORK 02210-7 2980 concrete reinforcement is placed. Trim bottoms to required lines and grades leaving a solid base to receive concrete. H. Trenching for Pipes: Comply with Section 02720, Storm Drainage. 3.04 COMPACTION A. Compact soil to not less than' the following percentages of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D-1557: 1. Footings, Foundations and Slabs: Compact top 12 inches of subgrade and each layer of backfill or fill materials at 95 percent maximum dry density. 2. Lawns or Other Unpaved Areas: Compact top 6 inches of subgrade and each layer of backfill or fill materials at 85 percent maximum dry density in cohesive soils and 90 percent in cohesionless soils. 3. Walkways: Compact top 6 inches of subgrade and each layer of backfill or fill material at 90 percent maximum dry density in cohesive soils and 95 percent in cohesionless soils. 4. Curbs and Pavements: Compact top 12 inches of subgrade and each layer of backfill or fill material at 90 percent maximum dry density in cohesive soils and 95 percent in cohesionless soils. 5. Pipes: Comply with Section 02720, Storm Drainage. B. Moisture Control: 1. Where subgrade or layer of soil material must be moisture conditioned before compaction, apply water uniformly to surface of subgrade, and layer of soil material so as to prevent free water appearing on surface during and subsequent to compaction operations. 2. Remove and replace soil material that is too wet to permit compaction to specified density. Dry removed soil for later use. EARTHWORK 02210-6 2980 2. Removal of unsuitable material and its replacement as directed shall be paid on the basis of contract conditions relative to changes in work. D. Stability of Excavations: 1. Slope sides of excavations to comply with local codes and ordinances having jurisdiction. 2. Maintain sides and slopes of excavations in a safe condition until completion of backfilling. E. Shoring and Bracing: 1. Shore and brace where sloping is not possible because of space restrictions and instability of material excavated. Do work in compliance with local codes and authorities. 2. Maintain shoring and bracing in excavations as long as excavation is open. Carry down shoring and bracing as excavation progresses. F. Dewatering: " 1. Prevent surface, subsurface and ground water from flowing into excavations and from flooding the Project Site and surrounding area. 2. Do not allow water to accumulate in excavations. Provide pumps, well points, sumps, suction, and discharge lines, and other dewatering system components necessary to convey water away from excavations. 3. Convey precipitation and water removed from excavations by pipe to collection and run-off areas. G. Excavation for Footings, Foundations and Slabs: 1. Conform to elevations and dimensions shown within a tolerance of plus or minus 0.10 feet, and extending a sufficient distance from footings and foundations to permit placement and removal of concrete formwork, installation of services, other construction and for inspection. 2. In excavating for footings and foundations, take care not to disturb bottom of excavation. Excavate by hand to final grade just before EARTHWORK 02210-5 2980 3.02 STRIPPING TOPSOIL A. Prior to stripping scrape areas clean of brush, weeds, grass roots and other material that interfere with grass and plant installation, growth and maintenance. Keep topsoil reasonably free from subsoil, heavy clay, debris, and stones larger than two inches in diameter. B. Strip existing topsoil to its full depth at walls, slabs, structures, areas to be graded, surfaced, trenched, paved, backfilled or otherwise disturbed within limits of grading. C. Do not strip topsoil beyond grading limits, beneath the canopy spread of trees to remain, and vegetated areas to remain undisturbed, except as approved by the Architect for grading, trenching and subgrade requirements. Comply with Section 02110, Tree and Plant Protection. D. Stockpile topsoil where directed by the Architect. Existing topsoil shall remain property of the Owner. 3 .03 EXCAVATION A. Excavation consists ,of removal and disposal of material of any classification, excluding rock, .encountered when establishing required grade elevations. B. Unauthorized Excavation: 1. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Architect. 2. Backfill and compact unauthorized excavations as specified for authorized excavations of same classification, unless otherwise directed by Architect. C. Additional Excavation: 1. If unsuitable bearing materials are encountered at the required subgrade elevations, carry excavations deeper and replace the excavated material as directed by Architect. EARTHWORK 02210-4 2980 3. Support subgrades of and protect structures, pavements, and other facilities from damage created by earthwork operations. D. Topsoil: Strip and salvage existing topsoil for spreading and use under Sections 02920 - Topsoil, and 02950 - Topsoil Mixtures and Planting. Any excess topsoil shall be property of Owner. PART 2 - PRODUCTS 2.01 MATERIALS A. Satisfactory Soil Materials: Those complying with ASTM D2487, soil classification groups GW, GP, GM, SM, SW and SP. B. Unsatisfactory Soil Materials: Those complying with ASTM D2487, soil classification groups GC, SC, ML, MH, CL, CH, OL, 0 and PT C. Porous Material: AASHTO M43, #6 (3/8" to 3/411) uniformly graded, clean crushed stone or gravel. D. Rip-Rap shall consist of sound, tough, durable and angular rock, free from decomposed stones or otherdefects impairing its durability. The size of a stone as hereinafter specified shall be its least dimension. Broken concrete or rounded stones are not acceptable. 1. Modified Rip-Rap: This material shall conform to the following gradation: Stone Size $ of the mass 10" or over 0 6" - 10" 20-50 4" - 6" 30-60 2" - 4" 30-40 1" - 2" 10-20 less than 1" 0-10 PART 3 - EXECUTION 3 .01 INSPECTION: Examine the areas where, and conditions under which, topsoil stripping, excavating, filling, and grading will be performed. Do not proceed with work until unsatisfactory conditions .have been p corrected. EARTHWORK 02210-3 2980 F. Site Drainage: Section 02720: G. Timber Guide Rail: Section 02843. H. Topsoil: Section 02920. I. Mechanical and Electrical Work: Divisions 15 and 16. 1.03 QUALITY ASSURANCE A. Conform work to applicable State and Local Codes and Regulations having jurisdiction. B. Testing and Inspection Services: The Owner will engage a Soil Testing and Inspection Service for quality control testing and footing bottom approval for work covered by this specification during earthwork operations. The Contractor shall be responsible for the coordination of these services. 1.04 PROJECT CONDITIONS A. Soil Conditions: No soils investigation has been made. Contractor shall perform any investigation he deems necessary to determine conditions for himself at his own expense. B. Existing Utilities: 1. Protect existing underground utilities to remain in the areas of work during earthwork operations. Contact "Call Before You Dig" prior to excavation. 2. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult the Utility Owner immediately for directions. Cooperate with Architect and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of Utility Owner. C. Protection: 1. Comply with relevant OSHA regulations and standards. 2. Barricade open excavations and operate warning lights. EARTHWORK 02210-2 2980 SECTION 02210 O EARTHWORK PART 1 - GENERAL 1. 01 SECTION INCLUDES A. This Section includes but is not limited to the following: 1. Stripping and stockpiling of topsoil. 2. Excavating to required elevations for footings, foundations, slabs, walks, steps, curbs, pavement and graded areas. Excavating for foundations and structures. 3 . Dewatering trenches and excavated areas. 4. Sheeting, shoring and other protection as required for work of this Section. 5. Placing and compacting backfill, fill for embankments and at foundations and structures. 6. Rip-rap installation at slopes. 7. Grading and compacting of subgrades for slabs, walks, curbs and pavements. 8. Grading and compacting of remaining site subgrades, including lawns, plant beds and other unpaved areas. 9. Stockpiling and disposal of soil materials. 10. Disposal of waste. 1.02 RELATED SECTIONS A. Site Preparation: Section 02100. B. Tree and Plant Protection: Section 02110. C. Asphaltic Concrete Paving and Curbs: Section 02510. D. Concrete Paving: Section 02512. E. Granite Curbs: Section 02525. EARTHWORK 02210-1 2980 b. Moderate fills of 4" deep approved drainage fill material to 4" deep subgrade and cover with approved drainage fabric. Fill with topsoil placed in single layer and fine grade. Provide drainage system indicated on Drawings or as directed by Architect under allowances noted and specified. c. Deep fills: Construct as indicated on Drawings. 3.04 MAINTENANCE A. Routinely inspect protective barriers, trees, shrubs and vegetated areas for damage and conditions which are causing damage and may cause damage. Repair, treat and take corrective action without delay. 1. Inspect immediately after rains and during periods of runoff for ponding and silting caused by drainage from construction areas. Promptly drain and remove mud and silt back to natural grade. 2. Inspect and remove boulders, rocks, soil, stumps, limbs, vegetative matter, debris, rubbish and waste that has been disposed of and accidentally accumulated, particularly in shrub masses and wooded areas. 3. Water trees and plants to remain as required to maintain their health through construction period. 3.05 CLEANING A. Remove protection materials at end of construction period when directed by Architect and dispose of off site. END OF SECTION TREE AND PLANT PROTECTION 02110-6 2980 disturb intervening soil area. Promptly fill holes with topsoil. C. Stripping Topsoil: Remove only along approved, staked out corridors and edges in careful, neat manner so as to minimize damage to adjacent, undisturbed areas. D. Excavating and Trenching: 1. Limit excavating and trenching to only that required by Architect. 2. Tunnel under and around major roots by hand digging. Do not cut main lateral roots and tap roots. Cut only smaller roots which interfere with installation of new work with sharp pruning instruments. Do not break and chop roots. E. Cutting and Filling: 1. Where grade cuts expose major roots and massive root systems promptly spread 6" protective covering of topsoil over the tops and ends of the exposed roots and water in. Protect roots from further hazards and construction operations. 2. When existing grade at edge of canopy spread of trees and shrubs is higher than adjacent proposed subgrade, cut gently, sloping transition outward from edge and down to proposed subgrade. 3. When existing grade at edge of canopy spread of trees and shrubs is lower than adjacent proposed subgrade, place fill to form gently sloping transition outward from edge of canopy spread and upward to proposed subgrade. F. Topsoiling: 1. When installing topsoil in stripped areas adjacent to canopy edges and vegetated areas to remain undisturbed, do not cover adjacent edges with soil unless otherwise indicated on Drawings, approved by Architect an except as follows: a. In order to eliminate sharp grade breaks in proposed finish grades up and down, feather depth of topsoil out over short distance into vegetated area and are beneath canopy blending surfaces together smoothly. TREE AND PLANT PROTECTION 02110-5 2980 2. Architect will review type, locations and extent of protective barriers to be installed a indicated on Drawings. In order to minimize damage to trees, shrubs and undisturbed areas, to account for construction and field conditions and improve protection, Architect may direct that: a. Locations of layouts corridors, accessways, and work limits be adjusted. b. Locations of area protection fencing and individual tree protection be adjusted. 3. Contractor shall determine what additional protective barriers he may need for adequate protection. 3.02 INSTALLATION OF PROTECTIVE BARRIERS A. Vegetated Area Protection: Install protective barrier fencing attached to posts set no more than 6' on center along perimeter of each area as shown on the Drawings. B. Individual Tree Protection: Install protective barrier fencing on existing grade as shown on the Drawings. 3.03 WORKING AROUND EXISTING TREES AND SHRUBS TO REMAIN AND VEGETATED AREAS TO BE LEFT UNDISTURBED: A. General: 1. When working within canopy spread of trees and in immediate vicinity of shrubs, use care not to damage roots and their soil environment. 2. Relocated work to avoid damage if so directed by Architect. 3. Perform working using manual methods unless Architect approves each specific piece of mechanical equipment being proposed for use. B. Grubbing: 1. Strip grass and herbaceous plants by scalping top growth and thatch; then carefully till or scarify existing grade to depth of 1", raking away loosened root crowns and debris. 2. Neatly cut out and remove root crowns of woody undergrowth with hand tools using care not to TREE AND PLANT PROTECTION 02110-4 2980 13. Trampling, foot traffic, congregations and other intrusions by workmen. 14. Other damaging occurrences. C. If trees and shrubs to remain are severely injured and killed by construction operations and inadequate care, Contractor shall: 1. Replace trees and shrubs under 3" cal. with new plants of same size, quality, and species meeting same requirements and installed and maintained as new plants under Planting Section. 2. Pay as fixed and agreed liquidated damages: a. $800.00 for each tree 3"-5" caliper. b. $1,800.00 for each tree 6"-11" caliper. c. $5,000.00 for each tree 12" caliper or more. D. Restore vegetated areas to be left undisturbed which are damaged with grasses and ground covers according to applicable provisions of Lawns and Planting Sections to satisfaction of Architect and replace and liquidate trees and shrubs within areas as required in subparagraph 1.04, C.1 and 2. above. PART 2 - PRODUCTS 2.01 MATERIALS A. Fencing: Orange color, polypropylene, 4' high "Barricade Fencing" by Ben Meadows Co. , or equivalent, with 6' long wood or metal posts as approved by the Architect. PART 3 - EXECUTION 3.01 INSPECTION A. Prior to beginning work, examine trees and shrubs to remain and vegetated areas to be left undisturbed in review with Architect and Arborist. 1. Arborist shall make recommendations for treatment of trees and shrubs to be pruned or tied back to clear way for work for approval by Architect. TREE AND PLANT PROTECTION 02110-3 2980 3. Treating, pruning and caring for trees and shrubs damaged by construction, maintaining their health throughout construction period. 1. 04 SUBMITTALS A. Submit Arborist's inspection reports listing tree and shrub conditions needing attention, corrective actions needed and treatments necessary. 1.05 PROJECT CONDITIONS A. Install protective barriers when site areas, utility corridors and construction accessways have been staked out and work limits established during clearing and grubbing prior to beginning topsoil stripping, earthwork and other construction. Maintain in repair throughout construction period. B. Throughout construction period protect existing trees and shrubs to remain and vegetated areas to be left undisturbed from damage by construction activity including: 1. Root area compaction. 2. Materials and equipment storage and stockpiles. 3. Contaminated runoff from equipment cleaning and spillages of harmful substances. 4. Disposal of boulders, rocks, soil, stumps, limbs, vegetative matter, debris, rubbish or waste. 5. Avoidable cutting of roots. 6. Breakage and barking. 7. Nailing, hanging, cutting or attaching. 8. Unapproved pruning. 9. Unapproved excavation within shrub masses and tree canopies. 10. Unapproved cutting of major roots. 11. Damage to root system by flooding, ponding, filling, mud or silt buildup. 12. Damage 'by moving vehicles and equipment. TREE AND PLANT PROTECTION 02110-2 2980 "'" SECTION 02110 TREE AND PLANT PROTECTION PART 1 - GENERAL 1.01 SECTION INCLUDES A. This Section includes but is not limited to the following: 1. Protection throughout construction period of existing trees and shrubs to remain, and vegetated areas to be left undisturbed. 2. Working around existing trees and shrubs to remain, and vegetated areas to be left undisturbed. 1.02 RELATED SECTIONS A. Site Preparation: Section 02100. B. Earthwork: Section 02210. C. Site Drainage: Section 02720. D. Topsoil: Section 02920. E. Seeded Lawns: Section 02935. F. Topsoil Mixtures and Planting: Section 02950. 1.03 QUALITY ASSURANCE A. Engage licensed and approved Arborist with good reputation, successful record over past 5 years on similar projects and who is regularly engaged in and who maintains regular force of experienced workmen skilled in tree work to perform the following services: 1. Conducting an initial inspection followed by inspections every 3 months through construction period of trees and shrubs for damage and conditions which cause damage, preparing and submitting written report promptly for each inspection. 2. Tying back branches and pruning of branches and roots for clearance and construction . TREE AND PLANT PROTECTION 02110-1 2980 B. Remove waste materials from Owner's property and dispose off, site in ,legal .manner. 3.09 CLEANING A. Remove waste and debris as they accumulate to keep site clear. B. Secure waste and debris so as not to cause hazard and nuisance. C. Leave site clean and neat on completion of work. D. Remove temporary protection and erosion control materials and legally dispose of off site at such time they are no longer necessary for the purpose intended or are ordered removed by the Architect. END OF SECTION SITE PREPARATION 02100-11 2980 Ow B. Abandonment and removal of certain underground pipe or conduits may be indicated on mechanical or electrical drawings, and is included under work of those sections. Removal of abandoned underground piping and conduits interfering with construction is included under this Section. C. Scarify and remove existing bituminous, concrete and other pavements and gravel bases to be removed, including any reinforcement. D. Where sections of existing bituminous pavement are removed, make clean, continuous vertical saw cut through pavement between material to be removed and material to remain. Protect vertical edges of material to remain from damage. E. Remove concrete sections to the first control joint or expansion joint beyond new work as otherwise indicated on Drawings. Saw cut clean continuous vertical edge at control joints. F. Remove curbing at existing joint. G. Unearth and completely remove underground structures, bases, foundations, footings. 3.07 CLEARING AND GRUBBING A. Prior to removing existing trees and shrubs, Architect will review and tag these plants on site; otherwise they shall not be removed. B. Clear trees, shrubs, stumps, branches and debris from areas indicated and required to complete project work. Grub out and remove stumps, root crowns, 2" and larger roots and matted roots. C. Conduct clearing and grubbing work around existing trees and plants to remain as required in Section 02110, Tree and Plant Protection. D. Fill excavations made below sub-grade surface during removal of trees, shrubs, stumps, root crowns and roots with suitable material, compacted thoroughly in accordance with the provisions governing formation of fills in Section 02200, Site Earthwork. 3.08 DISPOSAL OF WASTE MATERIALS A. Do not burn on Owner's property. SITE PREPARATION 02100-10 2980 3. Provide sufficient number of hay bales and length of fence to accommodate runoff without causing flooding and to adequately store silt, sediment, and debris reaching it. 4. Stockpiles and earth surfaces which will be exposed for extended periods and intervals during construction period may be ordered to be seeded with rye grass to obtain temporary cover. Sow seed at rate of approximately one pound, P.L.S. per 1,000 s.f. Promptly mulch area after seeding. C. Maintenance and Cleaning 1. If temporary erosion and sediment control measures are disturbed, repair immediately. 2. If seed is washed out before germination and otherwise fails to germinate and establish, repair damage and reseed. 3. Maintain temporary control measures until permanent control measures are established and until such time as such features are no longer needed. 4. Clean out ditches, catch basins, drains, culverts and other drainage as required. 3. 04 CONSTRUCTION FENCE: A. Install and maintain fences and gates rigid and plumb with fabric tight and in tension. Keep secure and neat. Repair damage to fence and gates. 3.05 SALVAGE OF EXISTING IMPROVEMENTS A. Carefully remove items indicated to be salvaged, and store where directed. B. Provide protection necessary to prevent damage to existing improvements to be salvaged. 1. Restore damaged improvements to their original condition to satisfaction of Architect. 3.06 REMOVAL OF EXISTING IMPROVEMENTS A. Demolish and remove from site above grade and below grade improvements and existing conditions required for completion of project work. SITE PREPARATION 02100-9 2980 3.03 EROSION AND SEDIMENT CONTROL A. Provide erosion control methods in accordance with requirements of authorities having jurisdiction. Install sedimentation ponds, haybales, silt fences, and antitracking stone pads where required, indicated, or ordered by the Architect. Sedimentation and Erosion Control installations shall be installed prior to any excavation or filling operations on site. The Architect has the authority to control, the surface area of earth materials exposed by construction operations and to direct the Contractor to immediately provide permanent or temporary pollution control measures to prevent contamination of adjacent streams, watercourses, lakes, ponds, or other areas of water impoundment. Every effort shall be made by the Contractor to immediately provide permanent or temporary pollution control measures to prevent contamination of adjacent streams, watercourses, lakes, ponds, or other areas of water impoundment. Every effort shall be made by the Contractor to prevent erosion on the site and abutting property. The Architect has the authority to direct the Contractor to divert surface water runoff away from exposed raw earth surface through the use of temporary berms, dikes, and diversion channels. Control measures as shown and detailed on the Drawings shall be subject to addition and/or modification as necessary or required to meet actual conditions or as ordered by a Local, State or Federal authority. B. Hay Bales and Silt Fences 1. Install hay bales and silt fences, as required, for temporary control of erosion and to prevent silt and sediment from reaching adjacent properties, entering catch basins, and damaging the work in progress. 2. Stake hay bales securely to hold them in place. Erect silt fences burying bottom edges in accordance with the manufacturer's recommended installation instructions. SITE PREPARATION 02100-8 2980 PART 3 - EXECUTION 3 .01 INSPECTION A. Examine areas and conditions under which site preparation will be performed. Do not proceed with work until unsatisfactory conditions have been corrected. 3. 02 STAKE-OUT A. The Survey Engineer shall provide and maintain staking throughout the construction period as required for accurate construction of each stage of the work and adequate for Architect's inspection as follows: 1. Stake-out locations of boundaries and Limits of Work, proposed buildings, utility structures and changes of direction of utility lines, horizontal alignments, edges and curbs of paved areas, walkways and walls and other elements to be installed to dimensional requirements indicated on Drawings. OOOW 2. Install grade stakes for finish grade and subgrade elevations for rough and finish grading and paved areas. In general, set stakes at intervals no more than 50' apart and at closer intervals at high and low points, along ridge lines, prominent grade breaks, saddles, toes and shoulders of slopes, and drainage lines. 3. Install grade stakes for vertical alignments of roadways and walks including high and low points at 501 ,intervals or closer as required. 4. Set inverts of underground utilities. 5. Set elevations for footings, foundations, utility structures, walls, curbs, fences, paving, pads, slabs, equipment, signs, lights and proposed other elements. SITE PREPARATION 02100-7 2980 2. Arrange for disconnection, disconnect, seal and cap utilities and services to be removed before start of sitework operations. Perform work in accordance with the requirements of applicable utility company or agency. 3. When uncharted and incorrectly charted underground piping, other utilities and services are encountered during sitework operations, notify applicable utility company immediately to obtain procedure directions. Cooperate with utility company in maintaining active services in operation. PART 2 - PRODUCTS 2.01 MATERIALS A. Erosion Control: 1. Hay Bales: Rectangular shaped bales of hay or straw weighing at least 40 pounds each without rot and mold and free from noxious weed seeds and woody material. Provide two 4 ' long, sound, �OO* hardwood stakes per bale. 2. Silt Fence: "Geo-fab Silt Fence" by Merchatile Development, Inc. , "Mirafi 140 by Celanese Fibers Marketing Co. , or approved equivalent. 3. Fiber Mat: " Curlex Blanket" by Amxco, I'Ero- Mat" by Armco, or approved equivalent. 4. Filter Fabric: "Terra Bond" by Warren's, "Trevira Spunbond" by Hoechst, or approved equivalent. Product shall be of type specifically manufactured for the purpose intended. 5. Seed for Temporary Erosion Control Cover: Annual rye grass seed. B. Construction Fence: 6' height, galvanized ASTM A392, A120 or A1123) , including fabric, posts and other framework, hardware and accessories for complete fence sections and locking swing gates. SITE PREPARATION 02100-6 2980 7. Provide temporary cover on stockpiled topsoil, spoils, excavated and backfill materials. 8. Take special precautions to avoid interference and damage to temporary and permanent drainage facilities and erosion control measures when constructing temporary structures, placing construction material and moving vehicles. a. If interference is unavoidable, take measures to reroute drainage and control erosion effect. Repair damaged control facilities and measures. H. Make continued timely cleaning, maintenance, repair and replacement of temporary control and protective facilities and measures throughout construction period. I. Stake Out: 1. If during stake out operations conflicts are found in proposed dimensional layout, spot grades and elevations indicated on Drawings notify Architect and obtain his direction for resolution. 2. At completion of stake-out, the Architect reserves right to adjust location and elevations of layouts to minimize damage trees, shrub and improvements to remain, areas to be left undisturbed, and areas adjacent to site. J. Safety: 1. Provide for worker safety. 2. Provide barricades and other warning equipment set up to keep Owner and public safe. 3. Minimize adverse noise impact to workers and surrounding Owner and public. 4. Provide construction fences and gates enclosing perimeters of staging and work areas, located and arrange for security of site and safety of Owner and public. K. Utilities and Services: 1. Locate and identify existing underground and overhead services and utilities within work areas. Provide adequate means of protection of utilities and services to remain. SITE PREPARATION 02100-5 2980 E. Tree and Plant Protection: Protect exiting trees and plants as specified in Section 02110. F. Dust Control: Take care to eliminate dust caused by construction operations before it leaves site. Dampen with. water and take other measures as necessary. G. Erosion and Sediment Control Measures. Work shall conform with the IfOrder of Conditions" issued by the Northampton Conservation Commission, D.E.P. File No. 246-380. 1. Take temporary and permanent erosion control measures before and during construction to avoid erosion of exposed, incomplete cut slopes, cleared or grubbed embankments, trenches, excavation, and site graded areas. Continue erosion control measures until permanent measures have been established and are capable of controlling erosion on their own. 2. Schedule and conduct operations to minimize erosion of soils and to prevent silting and muddying of buildings, walks and lands adjacent to and affected by the work. Keep area of soil exposed by construction at any one time to a minimum. 3. Install erosion control measures including water diversion structures and ditches, sedimentation basins or raps, berms, staked hay bales, and seeding, mulching, covering with netting, sodding, and seeding disturbed areas in compliance with U.S.D.A. 11Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts" . 4. Prevent silting of water courses, streams, drainage, ditches, swales, wetlands, or watersheds, and water supplies, reservoirs, or impoundments. 5. Prevent silting and clogging of existing storm drainage system. 6. Should it become necessary to suspend construction for any length of time, provide and maintain temporary erosion and sediment control measures until permanent drainage facilities and erosion control features have been completed and are operational. SITE PREPARATION 02100-4 2980 B. Accommodating Owner: 1. Owner will occupy premises and adjacent facilities during entire period of construction. Perform sitework operations to minimize conflicts and facilitate Owner's use of premises and conduct of his normal operations. 2. Do not interrupt existing utilities serving facilities occupied and used by Owner and others without approval of, Architect and then only after temporary utility services have been provided, if required by Architect. 3. Carry out work in way that minimizes inconvenience to Owner. 4. Install temporary accessways for Owner access to occupied premises of design and materials satisfactory to Owner in locations required and approved by Architect. Keep accessways safe and clear of construction materials and equipment. C. Traffic: Conduct site preparation operations to ensure minimum interference with roads, streets, walks and other adjacent occupied or used facilities. Do not close and obstruct streets, walks and other occupied or used facilities without permission from authorities having jurisdiction. D. Protection of Existing Improvements: Provide protection measures and devices as necessary to prevent damage as follows: 1. Protect improvements on adjoining properties and on Owner's property. 2. Restore damaged improvements to their original condition, acceptable to parties having jurisdiction. 3. Locate, protect, and maintain bench marks, monuments, control points, and project engineering reference points. 4. Protect adjoining pavements, curbs, and other structures to remain from damage. Do not allow these to be undermined by the removal of supporting bases, footings, and subgrade. 5. Protect existing utility and service lines and structures to be re-engaged in new systems. SITE PREPARATION 02100-3 2980 D. Qualifications: One person, designated by Installer, shall be present during work operations who is thoroughly familiar with operations, types of materials being installed and proper methods for their installation and shall supervise work performed under this Section. 1.04 SUBMITTALS A. Submit schedule indicating proposed work methods, operations and sequence. Include termination and continuation of utility services required by project conditions. Obtain Architect's approval before starting work. B. Submit for approval plans indicating staging areas, trailer and stockpile locations, construction traffic and parking plans, temporary signage, off-site staging, storage areas, setup areas and construction phasing. Coordinate plans with erosion and sediment control measures, as required. 1.05 PROJECT CONDITIONS A. General: 1. Work to be done is generally included within the Work Limit Lines, but work as indicated and required shall be performed beyond Lines. If Contractor uses portions of property beyond Limit Lines to accomplish work, restore these portions at completion of work to satisfaction of Architect. 2. Data shown on Site Plans has been taken from Topographic Survey of Site made by others and is not guaranteed by Architect and Owner. The Contractor shall satisfy himself by field examination as to accuracy of information shown. No responsibility is assumed by Owner and Architect for variations of conditions found at Site. 3. Verification of Conditions: Consult Records and Drawings of adjacent work of existing services and utilities which may affect site work operations. Carefully examine the site and conditions affecting work of this Section. No claim for additional costs will be allowed because of lack of knowledge of conditions. SITE PREPARATION 02100-2 2980 SECTION 02100 SITE PREPARATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. This Section includes but is not limited to the following: 1. Verification of existing conditions. 2. Layout and grade staking. 3. Erosion and sediment control. 4. Removal and salvage of existing improvements. 5. Removal and disposal of existing improvements. 6. Clearing and grubbing. 7. Protection of utilities. B. Traffic control. 9. Owner accommodations. 1.02 RELATED SECTIONS ' A. Tree and Plant Protection: Section 02110. B. Earthwork: Section 02210. C. Site Drainage: Section 02720 D. Topsoil: Section 02920. E. Seeded Lawns: Section 02935. 1.03 QUALITY ASSURANCE A. Conform work to applicable federal, state and local codes and regulations having jurisdiction. B. Conform erosion and sediment control materials and methods to standards set in U.S.D.A. Soil Conservation Service, It Guidelines for Soil and Water Conservation in Urbanized Areas of Massachusetts" . C. Engage licensed Survey Engineer acceptable to Architect to do layout and grade staking of work through construction period. SITE PREPARATION 02100-1 2980 Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner's damages have been established, and to apply such amounts to such damages. C. Delete Paragraph 14 .3 END OF DOCUMENT SUPPLEMENTARY CONDITIONS 00800-35 2980 ever be personally or individually liable with respect to this Contract or the Work. Each Subcontract shall include the foregoing limitation, which shall be effective if the Owner ever succeeds to the Contractor' s right and obligations under a Subcontract. ARTICLE 14 TERMINATION OF THE CONTRACT A. Delete subparagraphs 14 . 1 .1.4 and 14 .1.1.5. B. Change Paragraph 14 .2 to read as follows: 14 .2 TERMINATION BY THE OWNER 14 .2 .1 If the Contractor is adjudged a bankrupt, of if the Contractor makes a general assignment for the benefit of the Contractor's creditors, or if a receiver is appointed on account of the Contractor's insolvency, or if the Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if the Contractor fails to make "^ prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction or disregards an instruction, order or decision of the Architect, or otherwise is guilty of a substantial violation of any provision of the Contract, then the Contractor shall be in default, and the Owner may, without prejudice to any other right or remedy and upon written notice to the Contractor, take possession of all materials, tools, appliances, equipment, construction equipment and machinery and vehicles, offices and other facilities on the Project site, and all materials intended for the Work, wherever stored, and, seven (7) days after such notice, may terminate the employment of the Contractor, accept assignment of any or all subcontracts pursuant to Paragraph 5 .4, and finish the work by whatever method the Owner may deem expedient. The Owner shall be entitled to collect from the Contractor all direct, indirect, and consequential damages suffered by the Owner on account of the Contractor' s default, including without limitation additional services and expenses of the Architect made necessary thereby. The SUPPLEMENTARY CONDITIONS 00800-34 2980 Owner' s interest in the Project, and the Contractor agrees to execute all consents, certificates, and other documents required by such lender or other person in connection with such assignment. " B. Add new subparagraph 13 .2 .2 as follows: 13 .2 .2 If the Owner conveys its interest in the Project to a third party, any rights which the Owner may have against the Contractor arising from this Agreement including without limitation Claims under Article 12 or Claims which, under the terms of subparagraph 4 .3 . 5, are reserved to the Owner after the making and acceptance of final payment, shall automatically transfer to such third party. C. Change subparagraph 13 . 4 .2 to read as follows: 13 . 4 .2 No consent or waiver, express or implied, by the Owner or the Architect to, or of, any breach of any covenant, condition or duty of the Contractor shall be construed as a consent to or waiver of any other breach of the same or any other covenant, condition or duty. D. Change subparagraph 13 .5 . 4 to read as follows: 13 . 5.4 The Contractor shall obtain and deliver promptly to the Architect any occupancy permit and any certificates of final inspection of any part of the Contractor' s work and operating permits for any mechanical apparatus, such as elevators, escalators, boilers, air compressors, etc. , which may be required by law to permit full use and occupancy of the premises by the Owner. Receipt of such permits or certificates by the Architect shall be a condition precedent to Substantial Completion of the Work. E. Delete subparagraph 13 . 5 . 5. F. Delete Paragraph 13 .7 . G. Add new Paragraph 13 .8 as follows: 13 . 8 LIMITATION OF LIABILITY 13 . 8 . 1 The Owner shall be liable only to the extent of its interest in the Project; and no officer, director, partner, agent or employee of the Owner (or any partner of a partner or any agent or employee of a partner) shall SUPPLEMENTARY CONDITIONS 00800-33 2980 F. Change subparagraph 11 .3 . 1 .4 to read as follows: 1 .3 .1. 4 Property insurance for portions of the Work stored off site and in transit shall be procured and the cost borne by the Contractor, unless otherwise provided in the Contract Documents. G. Add the following to the end of the last sentence of subparagraph 11. 3 .3 : "to the extent covered and paid by insurance under this subparagraph 11.3 .3 . " H. Delete the last eight words of subparagraph 11.3 .4 and substitute the following: "borne by the Contractor. " I. Add the following to the end of the first sentence of subparagraph 11.3 . 9 : "all subject to the requirements, if any, of the Owner's construction and/or permanent lender. " J. Delete the last sentence of subparagraph 11. 3 . 9 . K. Delete subparagraph 11.3 .11. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK A. Add at the end of subparagraph 12 .2 . 1: "and any cost, loss, or damages to the Owner resulting from such failure or defect. " ARTICLE 13 MISCELLANEOUS PROVISIONS A. Replace the second sentence of subparagraph 13 .2 .1 with the following: "Except as hereinafter provided, neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of .,, the Owner. The Owner may assign the Contract to any institutional lender providing construction or permanent financing for the Project or to any person acquiring the SUPPLEMENTARY CONDITIONS 00800-32 2980 C. Broad Form Property Damage Liability. d. "X (explosion) , C (collapse) & U (underground) " Hazards Liability. e. Personal Injury Liability for all coverages . f. Contractual Liability in accordance with the "Indemnification" clauses in Article 3, Paragraph 3 .18 of the AIA General Conditions Document A201 (fourteenth edition, ©1987) . * The Contractor must maintain Products and Completed Operations Liability Insurance for a period of not less than 5 years following completion of the contract. .3 Automobile Liability: a. Owned Vehicles: Bodily Injury $5, 000, 000 each Person $5, 000, 000 each Accident Property Damage $2, 000, 000 each Accident b. Non-Owned and Hired Vehicles: Bodily Injury $5, 000, 000 each Person $5, 000, 000 each Accident Property Damage $2, 000, 000 each Accident C. Add the following at the end of the second sentence of subparagraph 11. 1.3 : "These certificates shall set forth evidence of all coverage required by 11.1.1 and 11.1.2 . The form of certificate shall be AIA Document G705 . The Contractor shall furnish to the Owner copies of any endorsements that are subsequently issued amending limits of coverage. " D. Delete the following words from the first sentence of subparagraph 11.3 . 1: "without voluntary deductibles . " E. Change subparagraph 11 . 3 . 1.3 to read as follows: 11.3 .1 . 3 If the property insurance requires a minimum deductible, the Contractor shall bear the costs not covered because of such deductible. If the Owner elects to accept a voluntary deductible in excess of the minimum deductible, the owner shall bear the cost not covered by such excess deductible amount, except as provided in subparagraph 10.2 . 5. SUPPLEMENTARY CONDITIONS 00800-31 2980 Contractor shall provide temporary heat, ventilation, and enclosure, adequate to permit the Work to proceed in a timely fashion, and to prevent damage to completed Work or Work in progress, or to materials stored on the premises. The permanent heating and ventilation systems may be used for these purposes when available unless otherwise provided in the Contract Documents . ARTICLE 11 INSURANCE AND BONDS A. In the first sentence of subparagraph 11 .1. 1 following the word "located" insert the words "and to which the Owner has no reasonable objection. " B. Change subparagraph 11. 1. 2 to read as follows: 11. 1.2 The insurance required by subparagraph 11. 1.1 shall include all major divisions of coverage, and shall be on a comprehensive general basis including Premises and Operations (including X-C-U) ., Owner's and Contractor's Protective, Products and Completed Operations, and Owned, Nonowned, and Hired Motor Vehicles. Such insurance shall be written for not less than any limits of liability required by law or set forth below, whichever is greater. All insurance shall be written on an occurrence basis, unless the Owner approves in writing coverage on a claims-made basis. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment . The Owner shall be added as an Additional Insured on all policies. . 1 Workmen's Compensation: Statutory Coverage Employers Liability $500, 000. Coverage B. .2 Comprehensive General Liability: Bodily Insurance $5, 000, 000 each Occurrence $5, 000, 000 Aggregate Property Damage $2, 000, 000 each Occurrence $2, 000, 000 Aggregate The Comprehensive General Liability policy shall include coverage for the following: a. Independent Contractors Liability. b* Products and Completed Operations Liability. SUPPLEMENTARY CONDITIONS 00800-30 2980 D. In subparagraph 10 . 2 .1.2, delete the word "and" at the end of the subparagraph. E. In subparagraph 10 . 2 . 1.3, add the word "and" to the end of the subparagraph. F. Add new subparagraph 10. 2 . 1 . 4 as follows: 10 .2. 1. 4 Any other property of the Owner, whether or not forming part of the Work, located at the site or adjacent thereto in areas to which the Contractor has access. G. Replace subparagraph 10 .2 .5 with the following: 10.2 . 5 The Contractor shall promptly remedy damage and loss to property referred to in clauses 10.2 .1.2, 10 .2. 1. 3 and 10 .2 .1 . 4 . If the damage or loss is due in whole or in part to the Contractor's failure to take the precautions required by this Paragraph 10.2, the Contractor shall, subject to any reimbursement to which the Contractor is entitled under property insurance required by the Contract Documents, bear the cost. H. Add new subparagraphs 10.2 . 8 through 10.2 . 11 as follows: 10.2. 8 The Contractor shall provide and maintain in good operating condition suitable and adequate fire protection equipment and services, and shall comply with all reasonable recommendations regarding fire protection made by the representatives of the fire insurance company carrying insurance on the Work or by the local fire chief or fire marshal. The area within the site limits shall be kept orderly and clean, and all combustible rubbish shall be promptly removed from the site. 10.2 .9 The Contractor shall at all times protect excavations, trenches, buildings and materials, from rain water, ground water, backup or leakage of sewers, drains and other piping, and from water of any other origin and shall remove promptly any accumulation of water. The Contractor shall provide and operate all pumps, piping and other equipment necessary to this end. 10 .2 .10 The Contractor shall remove snow and ice which might result in damage or delay. 10.2 .11 During the progress of the Work and at all times prior to the date of Substantial Completion or occupancy of the work by the Owner, whichever is earlier, the SUPPLEMENTARY CONDITIONS 00800-29 2980 and at the Contractor's expense, to furnish a bond satisfactory to the Owner to indemnify the Owner against any such liens. " ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY A. 10.1.2 In the last sentence, delete the words: "or in accordance with final determination by the Architect on which arbitration has not been demanded" B. 10. 1.2, 10.1. 3, 10 . 1. 4 Replace the words "asbestos and polychlorinated biphenyl (PCB' s) " and the words "asbestos or polychlorinated biphenyl (PCB' s) " with the words "unsafe materials" C. Add new paragraph 10 . 1 . 5 10. 1. 5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. The Owner, Contractor and Architect shall then proceed in the same manner described in Subparagraph 10.1.2 The Owner shall be responsible for obtaining the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and Architect have no reasonable objection. SUPPLEMENTARY CONDITIONS 00800-28 2980 completed or corrected, (2) all special warranties required by the Contract Documents, endorsed by the Contractor and in a form reasonably acceptable to the Architect and (3 ) the permits and certificates referred to in subparagraph 13 . 5 .4 . The failure to include any items on the list mentioned in the preceding sentence does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract documents. When the Architect on the basis of an inspection determines that the Work or designated portion thereof is substantially complete and the other conditions have been met, the Architect will then prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate for Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. N. Change subparagraph 9 .9 . 1 to read as follows : 9 . 9 .1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage. Such partial occupancy or use may begin whether or not the portion is substantially complete, provided that the respective responsibilities of the Owner and Contractor with respect to payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work, insurance, correction of the Work, and warranties shall be established by agreement of the Owner and Contractor or, absent such agreement shall be determined by the Architect subject to the right of either party to contest such determination as provided in Paragraph 4. 5. O. Replace the second sentence of subparagraph 9 .10.2 with the following: "If the Contractor fails to furnish such releases or waivers as the Owner reasonably requires to satisfy the Owner that there are no outstanding liens, the Owner may require the Contractor, as a condition of final payment SUPPLEMENTARY CONDITIONS 00800-27 2980 the Architect . Such waiver or certificate shall be in a form acceptable to the Owner. G. In subparagraph 9 .5 . 1, change item . 6 and add new items . 8 and . 9 as follows : . 6 reasonable evidence that the Work will not be completed within the Contract Time, and that retainage currently held by the Owner would not be adequate to cover actual or liquidated damage for the anticipated delay; . 8 a lien or attachment is filed contrary to subparagraph 4 . 5 . 9; or . 9 failure of mechanical trade or electrical trade subcontractors to comply with mandatory requirements for maintaining record drawings. The Contractor shall check record drawings each month. Written confirmation that the record drawings are current will be required by the Architect before approval of the Contractor's monthly payment requisition. H. Delete .subparagraph 9 . 6 . 3 . I. Change subparagraph 9 . 6 . 4 to read as follows : 9 . 6 . 4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, Sub-subcontractor or material supplier. J. Delete subparagraph 9 . 6. 5. K. Delete the words "or awarded by arbitration" from line 6 of subparagraph 9 .7 .1. L. Add at the end of subparagraph 9. 8 .1: "and only minor items which can be corrected or completed without any material interference with the Owner's use of the Work remain to be corrected or completed. " M. Replace subparagraph 9 . 8.2 with the following: 9 . 8 .2 When the Contractor considers that the Work, or a portion thereof designated in the Contract Documents for w„ separate completion, is substantially complete and the premises comply with subparagraph 3 .15 . 1, the Contractor shall submit to the Architect (1) a list of items to be SUPPLEMENTARY CONDITIONS 00800-26 2980 ARTICLE 9 PAYMENTS AND COMPLETION A. In subparagraph 9 . 1 . 1, change "total" in line two to "maximum. " B. Add at the end of the first sentence of subparagraph 9 .2 .1: "and shall be revised if later found by the Architect to be inaccurate. " C. Delete the first twelve words of the first sentence of subparagraph 9 .3 .1 and substitute "At the time or times established in the Agreement" . After the first sentence of subparagraph 9 .3 .1, add "The format and number of copies of such Applications for Payment shall be as directed by the Architect" . D. Add to the end of subparagraph 9 .3 . 1. 1 "when such Construction Change Directives have set forth an adjustment to the Contract Sum E. Change subparagraph 9 .3 .3 to read as follows : 9 .3 .3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to in this Article 9 as "liens. " The Contractor further agrees that the submission of any Application for Payment shall conclusively be deemed to waive all liens with respect to said Work to which the Contractor may then be entitled, provided that such waiver of the lien rights shall not waive the Contractor' s right to payment for such Work. F. Add new subparagraph 9 .3 . 4 as follows: 9 .3 . 4 Each Application for Payment or periodic estimate requesting payment shall be accompanied at the Owner' s option by (i) a waiver of liens from each Subcontractor or (ii) a certificate from each Subcontractor stating that the Subcontractor has been paid all amounts due the Subcontractor on the basis of the previous periodic payment to the Contractor, or else stating the amount not so paid and the reason for the discrepancy. In the event of any such discrepancy, the Contractor shall furnish the Contractor' s own written explanation to the Owner through SUPPLEMENTARY CONDITIONS 00800-25 2980 8 .2 .9 If the Contractor fails to submit any Application for Payment in any month, the Architect shall, for the purpose of this evaluation of progress, certify separately to the actual value of the work in place completed as of the first of the month to the best of the Architect ' s knowledge. 8 .2 .10 Nothing herein shall limit the Owner's right to liquidated or other damages for delays by the Contractor or to any other remedy which the owner may possess under other provisions of the Contract Documents or by law. C. In subparagraph 8 .3 . 1, change "other causes beyond the Contractor's control" to read "other causes (except weather) beyond the Contractor' s control. " Delete the words "pending arbitration" in line seven. Delete the words "Change Order" in line 9 and substitute "Construction Change Directive. " D. Change subparagraph 8 .3 .3 and add new subparagraphs 8 .3 .4, 8 .3 . 5, as follows: 8 .3 .3 No claim for delay shall be allowed on account of failure of the Architect to furnish Drawings, Specifications or instructions or to return Shop Drawings or Samples until 15 days after receipt by the Architect by registered or certified mail of written demand for such instructions, Drawings, or Samples, and not then unless such claim be reasonable. 8 .3 .4 No extension of time shall be granted because of seasonal or abnormal variations in temperature, humidity or precipitation, which conditions shall be wholly at the risk of the Contractor, whether occurring within the time originally scheduled for completion or within the period of any extension granted. There shall be no increase in the Contract Sum on account of any additional costs of operations or conditions resulting therefrom. 8 .3 . 5 The Contractor hereby agrees that the Contractor shall have no claim for damages of any kind against the Owner or the Architect on account of any delay in the commencement of the Work and/or any delay or suspension of any portion of the Work, whether such delay is caused by the Owner, the Architect, or otherwise. The Contractor acknowledges that the Contractor' s sole remedy for any such delay and/ or suspension will be an extension of time as provided in this Article. SUPPLEMENTARY CONDITIONS 00800-24 2980 Schedule as described under "Submittals. " The schedule shall show for each class of work included in the Schedule of Values, the percentage completion to be obtained and the total dollar value of work to be completed as of the first of each month until Substantial Completion. All calculations shall be on the basis of work in place, but not including the value of materials delivered but not in place. 8 .2 .5 The Progress Schedule shall be based on an orderly progression of the Work, allowing adequate time for each operation (including adequate time for submission and review of submittals) , and leading to a reasonable certainty of Substantial Completion by the date established in the Agreement. The Progress Schedule will be reviewed by the Architect for compliance with the requirements of "Submittals" , and will be accepted by the Architect or returned to the Contractor for revision and resubmittal. Unless specifically required by law, no payment under this Contract shall be due until the Progress Schedule has been approved by the Architect. 8 .2. 6 If in any Application for Payment the total value of the completed Work in place, as certified by the Architect, is less than 90 percent of the total value of the Work in place estimated in the Progress Schedule, the Owner may, at the Owner's option, require the Contractor to accelerate the progress of the Work without cost to the Owner by increasing the work force or hours of work, or by other reasonable means approved by the Architect. 8 .2 .7 If each of three successive applications, as certified by the Architect, indicate that the actual Work completed is less than 90 percent of the values estimated in the Progress Schedule to be completed by the respective dates, the Owner may at the Owner' s option, treat the Contractor's delinquency as a default, justifying the action permitted under Paragraph 14 .2. 8 .2 . 8 If the Architect has determined that the Contractor should be permitted to extend the time for completion as provided in Paragraph 8 . 3, the calendar dates in the Progress Schedule shall be adjusted accordingly to retain their same relationship to the adjusted date of Substantial Completion, and the dollar value of Work to be completed as of the first of each month shall be adjusted prorata. SUPPLEMENTARY CONDITIONS 00800-23 2980 or decrease of Cost of any Work performed by the Contractor' s own forces plus 7-1/2 percent of any net increase or decrease in the Cost for all other Work covered by the change. 7 .3 .3 .3 If the Owner elects to determine the cost of the Work as provided in method (a) using unit prices stated in the Contract Documents or subsequently agreed upon, the unit prices shall be subject to subparagraph 7 .1. 4. Notwithstanding the inclusion of unit prices in the Contract Documents, it shall be the Owner's option to require the Cost of any given change to be determined by one of the other methods stated in 7 .3 .3 . If the owner elects to determine Cost of the change work by unit prices and the nature of the work is such that its extent cannot readily be measured after the completion of such work or any subsequent work, the Contractor shall keep daily records, available at all times to the Architect for inspection, of the actual quantities of such work put in place, and delivery receipts or other adequate evidence, acceptable to the Architect, indicating the quantities of materials delivered to the site for use in such unit price work, and distinguishing such from other similar material delivered for use in work included in the base Contract Sum. If so required by the Architect, materials for use in unit price work shall be stored apart from all other materials on the Project. 7 .3 .3 . 4 If the Owner elects to determine the cost of the Work as provided in methods (c) or (d) of subparagraph 7 .3 .3 or if the method of determining the cost has not been established before the work is begun, the Contractor shall keep detailed daily records of labor and materials costs applicable to the work. F. Subparagraph 7 .3 .4, on the last line, delete the words "Contract Sum or" . G. Delete subparagraph 7 .3 . 6, 7 .3 .7 and 7 .3 .9 . ARTICLE 8 TIME A. Delete subparagraph 8 .2 . 2 . B. Add new subparagraphs 8.2 . 4 through 8.2. 10 as follows: 8 .2 . 4 within two weeks after award of the Contract, the Contractor shall submit to the Architect a Progress SUPPLEMENTARY CONDITIONS 00800-22 2980 the Contractor, Subcontractor, or Sub-subcontractor for performing the Work covered by the change, including actual payments for materials, equipment rentals, expendable items, wages and associated benefits to workmen and to supervisors employed full time at the site, insurance, bonds and other provable direct costs, but not including any administrative, accounting or expediting costs, or other indirect or overhead costs, or any wages or benefits of supervisory personnel not assigned full time to the site, or any amount for profit or fee to the Contractor, Subcontractor or Sub- subcontractor. If the form of Agreement between the Owner and the Contractor is AIA A111 then, in lieu of the foregoing, Cost shall mean Costs to be Reimbursed under Article 7 of the Agreement excluding item 7 . 1. 1; and each Subcontractor and Sub-subcontractor shall compute the costs as if they were the Contractor referred to in Article 7 . 7 .3 .3 .2 "Percentage,, shall mean an allowance to be added to or subtracted from the cost in lieu of overhead and profit and of any other expenses which is not included in the Cost of the Work covered by the change, as defined above. When, in the reasonable judgment of the Architect, a series of Construction Change Directives or Change Orders effect a single change, Percentage shall be calculated on the cumulative net increase or decrease in Cost, if any. . 1 Percentage for a Sub-subcontractor shall be 15 percent of any net increase or decrease of Cost of any Work performed by the Sub-subcontractor's own forces plus 7-1/2 percent of any aggregate net increase in Cost of any work performed for the Sub-subcontractor by other contractors. .2 Percentage for a Subcontractor shall be 15 percent of any net increase or decrease of Cost of any Work performed by the Subcontractor's own forces plus 7-1/2 percent of any aggregate net increase in Cost of any work performed for the Subcontractor by other Sub-subcontractors. .3 If the Agreement is based on AIA Document A111 then the Percentage for the Contractor, if any, shall be calculated pursuant to provisions of the Agreement; if the Agreement is based on AIA Document A101 then the Percentage for the Contractor shall be 15 percent of any net increase SUPPLEMENTARY CONDITIONS 00800-21 2980 Unit labor costs for the installation of each item of materials shall be shown if required by the Architect. The Contractor shall promptly revise and resubmit such estimate if the Architect determines that it is not in compliance with the requirements of this Article, or that it contains errors of fact or mathematical errors. If required by the Architect, in order to establish the exact cost of new Work added or of previously required Work omitted, the Contractor shall obtain and furnish to the Architect bona fide proposals from recognized suppliers for furnishing any material included in such Work. Such estimates shall be furnished promptly so as to occasion no delay in the Work, and shall be furnished at the Contractor' s expense. The Contractor shall state in the estimate any extension of time required for the completion of the Work if the change or extra work is ordered. D. Change subparagraph 7 .3 .3 to read as follows : 7 .3 .3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods, as selected by the Owner. (a) By unit price stated in the Contract Documents or otherwise mutually agreed upon. (b) By Cost and Percentages estimated by the Contractor as provided in subparagraph 7 .3 .1.1 and accepted by the Owner; the Contractor' s estimate shall become a fixed price which shall not be changed by any variation in the actual cost of executing the work covered by the change. (c) By actual Cost determined after the Work covered by the change is completed, plus Percentage. (d) By submission to arbitration or a court, which shall determine the fair value of the Work covered by the change. E. Add new subparagraphs 7 .3 .3 . 1, 7 .3 .3 .2, 7 .3 . 3 .3, and 7 .3 .3 . 4 as follows: 7 .3 .3 . 1 As used in this paragraph, "Cost" shall mean the estimated or actual net increase or decrease in cost to SUPPLEMENTARY CONDITIONS 00800-20 2980 Contractor shall pay or satisfy it and shall reimburse the Owner for all attorneys ' fees and court or arbitration costs which the Owner has incurred. " C. Delete subparagraph 6 .2 . 5 . ARTICLE 7 CHANGES IN THE WORK A. Add new subparagraph 7 . 1 .2 . 1 as follows: 7 .1.2 .1 The Architect may issue Bulletins. A Bulletin is either: a) a clarification to the Contract Documents, in accordance with subparagraph 4 .2 .12, or b) a minor change in the Work in accordance with paragraph 7 .4, or c) proposed extra Work resulting in an adjustment to the Contract Sum and/or Contract Time. Upon receipt of a Bulletin, the Contractor shall review it promptly; if a Bulletin is determined by the Contractor to be a clarification to the Contract Documents or a minor change in the Work, the Contractor shall proceed in accordance with Paragraph 7 .4 . If the Bulletin is determined by the Contractor to be extra Work resulting in an adjustment to the Contract Sum and/or Contract Time, the Contractor shall not proceed with the Work described in the Bulletin, unless specifically authorized to do so in writing, but shall submit a detailed estimate in accordance with new subparagraphs 7 .3 .1.1 and 7 .3 .3 . B. Delete subparagraph 7 .2 . 2 . C. Add new subparagraph 7 .3 .1 .1 as follows: 7 .3 . 1 . 1 Upon request of the Owner or the Architect, the Contractor shall without cost to the Owner submit to the Architect, in such form as the Architect may require, an accurate written estimate of the cost of any proposed extra Work or change. The estimate shall indicate the quantity and unit cost of each item of materials, and the number of hours of work and hourly rate for each class of labor, as well as the description and amounts of all other costs chargeable under the terms of this Article. SUPPLEMENTARY CONDITIONS 00800-19 2980 4 . 5 .8 . 4 In case the Owner elects to proceed in accordance with 4 .5 . 8 .1 or 4.5 .8.2 above, the word "litigation shall be deemed to replace the word "arbitration" wherever the latter word appears in the Contract Documents . Q. Add new subparagraph 4 .5 . 9 as follows: 4 . 5.9 Except where such condition is expressly prohibited by law, an award or judgment against the Owner in accordance with the procedure described in Paragraph 4 .5 shall be a condition precedent to the filing by the Contractor or any Subcontractor or Sub-subcontractor of any attachment or lien of any nature against the real estate on which the Work is situated or against the Owner's property. ARTICLE 5 SUBCONTRACTORS A. Add new subparagraph 5 .2 .5 as follows: 5 .2 .5 The form of each subcontract shall be submitted to the Owner for its approval, which shall not be unreasonably withheld or delayed. Each subcontract shall expressly provided for the contingent assignment referred to in subparagraph 5 . 4 .1 . B. At the end of the first sentence of subparagraph 5 .3 .1, add the following: "including without limitation the obligations set forth in subparagraph 3 . 18 .4 . " C. Delete subparagraph 5 . 4 . 2 . ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS A. Delete subparagraph 6 . 1. 4. B. Add the following at the end of subparagraph 6 .2 .4 : "If such separate contractor sues or initiates an arbitration proceeding against the Owner on account of any damage alleged to have been caused by the Contractor, 001** the Owner shall notify the Contractor, who shall defend such proceedings at the Owner's expense, and if any judgment or award against the Owner arises therefrom the SUPPLEMENTARY CONDITIONS 00800-18 2980 T. Change subparagraph 4 . 5 . 4 . 1 to read as follows: 4 . 5. 4 . 1 When a written decision of the Architect states that the decision is final, any demand for arbitration of the matter covered by such decision must be made within thirty days after the date on which the party making the demand receives such decision, and the failure to demand arbitration within said thirty day period will result in the Architect 's decision becoming final and binding upon the Owner and the Contractor. U. Change subparagraph 4 . 5. 4 .2 to read as follows: 4 . 5 . 4 .2 A demand for arbitration shall be made within the time limits specified in subparagraphs 4 .5 . 4 and 4 . 5. 4 . 1, as applicable, and in no event shall be made after the date when the institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. V. Add a new subparagraph 4 .5 .8 as follows: 4 . 5 . 8 Notwithstanding any provision contained in this Paragraph 4 . 5 or elsewhere in the Contract Documents, the Owner reserves the following rights in connection with Claims and disputes between the Owner and the Contractor: 4 . 5 . 8 . 1 The right to institute legal action against the Contractor in any court of competent jurisdiction in lieu of demanding arbitration pursuant to this Paragraph 4 . 5, in which case the dispute or disputes which are the subject of such action shall be decided by such court, and not by arbitration; 4 .5. 8.2 The right to obtain from any court of competent jurisdiction a stay of any arbitration instituted by the Contractor, provided that the application for such stay is made before the appointment of the neutral arbitrator in such arbitration, in which case the dispute or disputes which are the subject of such arbitration shall be decided by such court, and not by arbitration; 4 . 5 . 8.3 The right to require the Contractor to join as a party in any arbitration between the Owner and the Architect relating to the Project, in which case the Contractor agrees to be bound by the decision of the arbitrator or arbitrators in such arbitration. SUPPLEMENTARY CONDITIONS 00800-17 2980 appoint such neutral arbitrator. If such neutral arbitrator is appointed by the American Arbitration Association, he or she shall be a lawyer in a private law firm with ten or more partners . " R. Delete subparagraph 4 . 5 .2 and substitute the following: 4 .5 .2 Rules for Arbitration. If the neutral arbitrator is appointed by the American Arbitration Association, the said Association shall administer the arbitration and its Construction Industry Arbitration Rules shall govern all aspects of the proceeding including the enforcement of any award. If the neutral arbitrator is not appointed by the American Arbitration Association then the panel of arbitrators shall act as the administrator of the arbitration but the Construction Industry Arbitration Rules of the Association shall nonetheless govern all aspects of the proceeding, including the enforcement of any award, provided however that the arbitration panel shall have all of the powers and duties conferred on the Association pursuant to said rules. In addition, the following rules shall govern the selection of arbitrators and the proceedings : 4 .5.2 . 1 Neither party may appoint as arbitrator an employee or an owner of that party, nor the parent, spouse or child or an employee or owner of that party. 4 .5.2 .2 After the neutral arbitrator has been appointed, neither party may engage in ex parte communication with the arbitrator appointed by that party. S. Change subparagraph 4 .5.4 to read as follows: 4 . 5. 4 Demand for arbitration of any Claim arising prior to final payment or the earlier termination of the Contract may not be made before the earlier of (1) the date on which the Architect has rendered a written decision on the Claim or has notified the parties in writing that such decision will not be rendered, or (2) forty-five days following receipt by the Architect of a written request for a decision sent by registered or certified mail to both the Architect and the other party to this Contract. SUPPLEMENTARY CONDITIONS 00800-16 2980 40ft, 4 .4 REVIEW OF CLAIMS BY ARCHITECT 4 . 4 .1 The Architect shall review Claims and may: (1) defer any action with respect to all or any part of a Claim and request additional information from either party; (2) decline to render a decision for any reason which he deems appropriate (including but not limited to the fact that the Claim involves allegations of fault on the part of the Architect) ; or (3) render a decision on all or a part of the Claim. The Architect shall notify the parties in writing of his disposition of such Claim. If the Architect renders a decision or declines to render a decision, either party may proceed in accordance with Paragraph 4 . 5 . If the Architect decides that the Work relating to such Claim should proceed regardless of his disposition of such Claim, the Architect shall issue to the Contractor a written order to proceed. The Contractor shall proceed as instructed, and all rights of both parties with respect to such Claim shall be deemed to have been reserved. Q. Insert the following in line 8 of the first sentence of subparagraph 4 .5 . 1 following the words "relating to aesthetic effect" : "subject to the provisions of subparagraph 4 .5. 8 . " Delete the remainder of the first sentence and the rest of subparagraph 4 .5 . 1, and substitute the following: "In any arbitration in which the amount stated in the demand is $100, 000 or less, the American Arbitration Association shall appoint a single arbitrator in accordance with such Rules, who shall be a lawyer in a private law firm with ten or more partners. In any such arbitration in which the amount stated in the demand is in excess of $100, 000, the demand shall include the name of an arbitrator appointed by the claimant. The respondent shall appoint a second arbitrator, and shall notify the claimant in writing of such appointment, within thirty days of receipt of the demand, failing which the matter shall be decided by the arbitrator named in the claimant ' s demand. Within thirty days after the claimant ' s receipt of notice of the appointment of the second arbitrator the two arbitrators shall appoint a neutral arbitrator and shall notify the parties in writing of such appointment, failing which either party may apply to the American Arbitration Association to SUPPLEMENTARY CONDITIONS 00800-15 2980 structure or for any permanent utilities on the site or for permanent grading or other permanent site work, any change in the amount of excavation, dewatering, sheeting, protection, rock excavation, backfill, concrete or other structural work, or any other work permanently incorporated in the building shall be considered a change in the Work, and the Contract Sum shall be adjusted as provided in this Article, provided that the Work has been ordered in writing as provided in 7 . 1 . 1. There shall be no adjustment of the Contract Sum on account of other costs resulting from subsoil or water conditions including, without limitation, costs on account of delay, administration, operations, temporary construction, cave- in or collapse of excavations, or pumping. M. Change subparagraph 4 .3 .7 to read as follows : 4 .3 .7 If the Contractor claims that any acts or omissions of the Owner or the Architect, including any instructions or orders, whether oral, written, by Drawings, or otherwise, involve extra cost or time, and the Contractor has not received a written acknowledgement by the Owner or Architect that extra payment will be made or time extended on account thereof, the Contractor shall promptly so notify the Architect in writing of such claim and shall not proceed with the Work relating to such claim until the Contractor has received a further written order to proceed in accordance with Paragraph 4 .4 except, as provided in Paragraph 10 .3 , in the case of an emergency affecting life or property. No claim by the Contractor on account of such acts, omissions, instructions or orders shall be valid unless the Contractor has so notified the Architect, before proceeding, and has received the further written order to proceed. N. Delete the second sentence of subparagraph 4 .3 .8.1 and substitute the following: "The Contractor shall have the burden of demonstrating the effect of the claimed delay on the Contract Time, and shall furnish the Architect with such documentation relating thereto as the Architect may reasonably require. " O. Delete subparagraph 4 .3 . 8.2 . P. Replace Paragraph 4 . 4 and Sub-paragraphs 4 . 4 . 1, 4 . 4.2, 4 . 4 .3, 4 . 4 . 4, with the following: SUPPLEMENTARY CONDITIONS 00800-14 2980 H. Delete the last sentence of subparagraph 4 .2 .11 and substitute the following: "The Architect may, as the Architect judges desirable, issue additional drawings or instructions indicating in greater detail the construction or design of the various parts of the Work, such drawings or instructions may be effected by field order or other notice to the Contractor, and provided such drawings or instructions are reasonably consistent with the previous existing Contract Documents, the Work shall be executed in accordance with such additional drawings or instructions without additional cost or extension of the Contract Time. If the Contractor claims additional cost or time on account of such additional drawings or instructions, the Contractor shall give the notice provided in subparagraph 4 .3 .7 . 11 I. Revise subparagraph 4 .3 .2 to read as follows : 4 .3 .2 Claims arising prior to final payment or the earlier termination of the Contract shall be referred initially to the Architect for action as provided in Paragraph 4. 4 . J. Revise the last sentence of subparagraph 4 .3 .3 to read as follows : "Any change or addition to a previously made claim shall be made by timely written notice in accordance with this subparagraph 4.3 .3 . " K. Add the following to the end of subparagraph 4.3 . 5 : "Any Claim which has not been waived in accordance with this subparagraph shall be deemed to have accrued upon discovery by the Owner of the condition or breach upon which such Claim is based, for the purpose of any applicable statute of limitation. " L. Change subparagraph 4 .3 . 6 to read as follows : 4 .3 . 6 Should conditions encountered below the surface of the ground require that footings, foundations or other parts of the building or other structure be raised, lowered or changed, or if additional depth of excavation below the levels shown on the Drawings is required in order to provide proper bearing for the building or other SUPPLEMENTARY CONDITIONS 00800-13 2980 arising out of or in any manner connected with the Work, except to enforce the provisions of this Paragraph 3 . 18; and the Contractor, or any successor, assign or subrogee of the Contractor, agrees not to bring any civil suit, action or other proceeding in law, equity or arbitration against the Architect, or the officers, employees, agents and servants of the Architect, for the enforcement of any action which the contractor may have arising out of or in any manner connected with the Work. ARTICLE 4 ADMINISTRATION OF THE CONTRACT A. Delete subparagraph 4 . 1. 2 . B. Delete subparagraph 4 . 1. 4 . C. In subparagraph 4 .2 .7, add to the end of the first sentence: "and only to the extent which the Architect believes desirable to protect the Owner' s interest. " D. In subparagraph 4 .2 .7, change the second sentence to read as follows: "The Architect 's action will be taken with reasonable promptness, while allowing sufficient time in the Architect ' s professional judgment to permit adequate review, taking into account the time periods set forth in the latest schedule prepared by the Contractor and approved by the Architect pursuant to subparagraphs 8.2 . 4 through 8 .2. 10 . " E. In subparagraph 4 .2 .7, in the fifth sentence, delete the words "unless otherwise specifically stated by the Architect" . F. Add at the end of subparagraph 4 .2 . 8 the following: "and subparagraph 7 . 1 .2 . 1. " G. At the end of subparagraph 4 .2 . 10, add the following: "If no such exhibit has been so incorporated, the duties, responsibilities, and limitations of authority of such Project Representative shall be as set forth in the edition of AIA Document B352 current as of the date of the Agreement. " SUPPLEMENTARY CONDITIONS 00800-12 2980 R. Change subparagraph 3 . 13 . 1 to read as follows: 3 . 13 . 1 The right of possession of the premises and the improvements made thereon by the Contractor shall remain at all times with the Owner. The Contractor's right to entry and use thereof arises solely from the permission granted by the Owner under the Contract Documents. The Contractor shall confine the Contractor' s apparatus, the storage of materials and the operations of the Contractor's workmen to limits indicated by law, ordinances, the Contract Documents and permits and/or directions of the Architect and shall not unreasonably encumber the premises with the Contractor's materials. The Owner shall not be liable to the Contractor, the Subcontractors, their employees or anyone else with respect to the conditions of the premises, except only for a condition caused directly and solely by the negligence of the Owner. S. Change the title of paragraph 3 .18 to "INDEMNIFICATION AND COVENANT NOT TO SUE; " T. In the first sentence of subparagraph 3 . 18. 1, on line 10; delete the words "but only to the extent" U. Change subparagraph 3 . 18 .3 as follows: 3 .18.3 The obligations of the Contractor under this Paragraph 3 .18 shall not extend to the liability of the Architect, the Architect ' s consultants, and agents or employees of any of them arising out of (1) the preparation of maps, Drawings, opinions, reports, surveys, Change Orders, designs or Specifications, or (2) directions or instructions given by the Architect, the Architect ' s consultants and agents or employees of any of them, provided such instructions or directions are the primary cause of the injury or damage. V. Add new subparagraph 3 .18. 4 as follows: 3 . 18.4 In consideration of the Contractor's undertaking to indemnify and hold harmless the Architect, the Architect ' s consultants and agents or employees of any of them, in accordance with this Paragraph 3 . 18, the Architect agrees that the Architect will not bring any civil suit, action or other proceeding in law, equity or A arbitration against the Contractor, or the officers, employees, agents and servants of the Contractor, for or on account of any action which the Architect may have SUPPLEMENTARY CONDITIONS 00800-11 2980 commitments on all matters to be discussed at such meetings, including costs, payments, change orders, time schedules and manpower. All notices required under the Contract may be served on such representatives. M. Change subparagraph 3 . 10 . 1 to read as follows: 3 .10. 1 The Contractor shall prepare and submit to the Architect a progress schedule as described in subparagraphs 8 .2 .4 through 8. 2 . 10. N. Delete subparagraph 3 . 10 .3 . O. Change subparagraph 3 . 12 .7 to read as follows: 3 .12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor thereby represents that the Contractor has determined and verified all dimensions (including field dimensions) , quantities, relationship to existing work, coordination with work to be installed later, coordination with information on previously accepted Shop Drawings, Product Data, Samples and similar submittals, and verification of compliance with all requirements of the Contract Documents. The accuracy of such information is the responsibility of the Contractor. In reviewing Shop Drawings, Product Data, Samples, and similar submittals, the Architect shall be entitled to rely upon the Contractor' s representation that such information is correct and accurate. P. Add the following at the end of subparagraph 3 .12 . 9 : "Unless such written notice has been given, the Architect 's approval of a resubmitted Shop Drawing, Product Data, Sample, or similar submittal shall not constitute approval of any changes not requested on the prior submittal. " Q. Change subparagraph 3 .12 . 11 to read as follows: 3 . 12 .11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Owner shall be entitled to rely upon such certifications, and neither the Owner nor the Architect shall be expected to make any independent 0%, examination with respect thereto. SUPPLEMENTARY CONDITIONS 00800-10 2980 of Substantial Completion, and for such additional time thereafter as the Architect may determine to be necessary for the expeditious completion of the Work. The Contractor shall remove the superintendent if requested to do so in writing by the Owner, and shall promptly replace him with a competent person reasonably acceptable to the Owner. " L. Add new subparagraphs 3 . 9 .2 through 3 . 9 .5 as follows: 3 . 9 .2 The Contractor shall retain a competent Registered Professional Engineer or Registered Land Surveyor, acceptable to the Architect, who shall establish the exterior lines and required elevations of all buildings and structures to be erected on the site and shall establish sufficient lines and grades for the construction of associated Work such as, but not limited to, roads, utilities and site grading. The Engineer or Land Surveyor shall certify as to the actual location of the constructed facilities in relation to property lines, building lines, easements, and other restrictive boundaries. 3 .9 .3 The Contractor shall establish the building grades, lines, levels, column, wall and partition lines required by the various Subcontractors in laying out their Work. 3 .9 .4 The Contractor shall coordinate and supervise the Work performed by Subcontractors to the end that the Work is carried out without conflict between trades and so that no trade, at any time, causes delay to the general progress of the Work. The Contractor and all Subcontractors shall at all times afford each trade, any separate contractor, or the Owner, every reasonable opportunity for the installation of Work and the storage of materials. 3 . 9 . 5 The Contractor shall arrange for and attend job meetings with the Architect and such other persons as the Architect may from time to time wish to have present. The Contractor shall be represented by a principal, project manager, general superintendent or other authorized main office representative, as well as by the Contractor' s own superintendent . An authorized representative of any Subcontractor or Sub-subcontractor shall attend such meetings if the representative's presence is requested by the Architect . Such representatives shall be empowered to make binding SUPPLEMENTARY CONDITIONS 00800-9 2980 Aoftl have a coordinated design in relation to the overall appearance of the building. The Architect shall judge the design and appearance of proposed substitutes on the basis of their suitability in relation to the overall design of the Project, as well as for their intrinsic merits. The Architect will not approve as equal to materials specified proposed substitutes which, in the Architect ' s opinion, would be out of character, obtrusive, or otherwise inconsistent with the character or quality of design of the Project. In order to permit coordinated design of color and finishes the Contractor shall, if required by the Architect, furnish the substituted material in any color, finish, texture, or pattern which would have been available from the manufacturer originally specified, at no additional cost to the Owner. 3 . 5 .7 Any additional cost, or any loss or damage arising from the substitution of any material or requirement for those originally specified shall be borne by the Contractor, notwithstanding approval or acceptance of such substitution by the Owner or the Architect, unless such substitution was made at the written request or direction of the Owner or the Architect. 3 .5.8 The warranty provided in this paragraph 3 .5 shall be in addition to and not in limitation of any other warranty required by the Contract Documents or otherwise prescribed by law. 3 . 5 .9 The Contractor shall procure and deliver to the Architect, no later than the date claimed by the Contractor as the date of Substantial Completion, all special warranties required by the Contract Documents. Delivery by the Contractor shall constitute the Contractor's guarantee to the Owner that the warranty will be performed in accordance with its terms and conditions. J. Change the title of paragraph 3 . 9 to read "SUPERINTENDENCE. " K. Change the first sentence of subparagraph 3 . 9 .1 to read as follows: "The Contractor shall employ a competent superintendent, ►• reasonably acceptable to the Owner, and necessary assistants who shall be in attendance at the Project site full time during the progress of the Work until the date SUPPLEMENTARY CONDITIONS 00800-8 2980 qualified testing laboratories, reports of studies by qualified experts, or other evidence which, in the opinion of the Architect, would lead to a reasonable certainty that any material used, or proposed to be used, in the Work meets the requirements of the Contract Documents. All such data shall be furnished at the Contractor's expense. This provision shall not require the Contractor to pay for periodic testing of different batches of the same material, unless such testing is specifically required by the Contract Documents to be performed at the Contractor' s expense. 3 .5 .3 In all cases in which a manufacturer' s name, trade name or other proprietary designation is used in connection with materials or articles to be furnished under this Contract, whether or not the phrase "or equal" is used after such name, the Contractor shall furnish the product of the named manufacturer (s) without substitution, unless a written request for a substitute has been submitted by the Contractor and approved in writing by the Architect as provided in subparagraph 3 .5.4 and within the time limits and conforming to the procedures outlined in Section 01600 of the General Requirements. 3 . 5 . 4 If the Contractor proposes to use a material which, while suitable for the intended use, deviates in any way from the detailed requirements of the Contract Documents, the Contractor shall inform the Architect in writing of the nature of such deviations at the time the material is submitted for approval, and shall request written approval of the deviation from the requirements of the Contract Documents. 3 . 5.5 In requesting approval of deviations or substitutions, the Contractor shall provide, upon request, evidence leading to a reasonable certainty that the proposed substitution or deviation will provide a quality of result at least equal to that otherwise attainable. If, in the opinion of the Architect, the evidence presented by the Contractor does not provide a sufficient basis for such reasonable certainty, the Architect may reject such substitution or deviation without further investigation. 3 . 5. 6 The Contract Documents are intended to produce a ,,ate building of consistent character and quality of design. All components of the building including visible items of mechanical and electrical equipment have been selected to SUPPLEMENTARY CONDITIONS 00800-7 2980 of the Contractor, who shall notify the Architect in writing of the actual means, methods, techniques, sequences or procedures which will be employed on the Work, if these differ from those mentioned in the Contract Documents. All loss, damage, or liability, or cost of correcting defective work arising from the employment of any construction means, methods, techniques, sequences or procedures shall be borne by the Contractor, notwithstanding that such construction means, methods, techniques, sequences or procedures are referred to, indicated or implied by the Contract Documents, unless the Contractor has given timely notice to the Owner and Architect in writing that such means, methods, techniques,. sequences or procedures are not safe or suitable, and the Owner has then instructed the Contractor in writing to proceed at the Owner's risk. " E. Change subparagraph 3 .3 .2 to read as follows: 3 .3 .2 The Contractor shall be responsible to the Owner for the acts and omissions of all entities or persons performing or supplying the Work. F. Add the following sentence to the end of subparagraph 3 . 4.1: "The word "provide" shall mean furnish and install complete, including connections, unless otherwise specified. " G. Change the first sentence of subparagraph 3 . 5.1 to read as follows: "The Contractor warrants that the materials and equipment furnished under the Contract will be new and of recent manufacture unless otherwise specified, and that all Work will be of good quality, free from faults and defects, and in conformance with the Contract .Documents. H. Delete the last two sentences of subparagraph 3 . 5 . 1. I. Add new subparagraphs 3 . 5 .2 through 3 . 5. 9 as follows: 3 .5.2 The Contractor shall be responsible for determining that all materials furnished for the Work meet all requirements of the Contract Documents. The Architect may require the Contractor to produce reasonable evidence that a material meets such requirements, such as certified reports of past tests by SUPPLEMENTARY CONDITIONS 00800-6 2980 shall be interpreted to mean "Contractor" with all of the Contractor's duties, rights and obligations. " B. Change subparagraph 3 .2 .1 to read as follows : 3 .2 . 1 Before starting the Work, and at frequent intervals during the progress thereof, the Contractor shall carefully study and compare the Contract Documents with each other and with the information furnished by the Owner pursuant to subparagraph 2 .2 .2 and shall at once report to the Architect any error, inconsistency or omission the Contractor may discover. Any necessary change shall be ordered as provided in Article 7, subject to the requirements of Paragraph 1.2 and other provisions of the Contract Documents. If the Contractor proceeds with the Work without such notice to the Architect, having discovered such errors, inconsistencies or omissions, or if by reasonable study of the Contract Documents the Contractor could have discovered such, the Contractor shall bear all costs arising therefrom. C. Add new subparagraph 3 .2.4 and 3 .2 .5 as follows: 3 .2 .4 The Contractor shall give the Architect timely notice. of any additional Drawings, Specifications, or instructions required to define the Work in greater detail or to permit the proper progress of the Work. 3 .2. 5 The Contractor shall not proceed with any Work not clearly and consistently defined in detail in the Contract Documents, but shall request additional drawings or instructions from the Architect as provided in subparagraph 3 .2 . 4 . If the Contractor proceeds with such work without obtaining further Drawings, Specifications or instructions, the Contractor shall correct Work incorrectly done at the Contractor's own expense. D. Delete the last ten words of subparagraph 3 . 3 .1, and add the following: "Where the Contract Documents refer to particular construction means, methods, techniques, sequences or procedures or indicate or imply that such are to be used in the Work, such mention is intended only to indicate that the operations of the Contractor shall be such as to produce at least the quality of work implied by the operations described, but the actual determination of whether or not the described operations may be safely and suitably employed on the Work shall be the responsibility SUPPLEMENTARY CONDITIONS 00800-5 2980 ARTICLE 2 OWNER A. Delete the second sentence of subparagraph 2 .1. 1. B. In subparagraph 2 .1 .2, delete everything following the words "execution of the Agreement. " C. Delete subparagraph 2 .2 . 1. D. Change subparagraph 2 .2 . 4 to read as follows: 2 .2 .4 Information or services required of the Owner hereunder shall be furnished by the Owner with reasonable promptness after receipt from the Contractor of a written request for such information or services. E. Delete subparagraph 2 .2 .5 . and replace it with the following: 2 .2 .5 The Owner will supply the Contractor with one reproducible set of the Drawings and specifications. The Contractor shall provide its Subcontractors with Contract Documents. F. Delete the first and second sentences of subparagraph 2 . 4 . 1 and substitute the following: "If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to begin and prosecute correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. " G. In the third sentence of subparagraph 2 . 4 .1, replace the words "Change Order" with the words "Construction Change Directive" and delete the fourth sentence. ARTICLE 3 CONTRACTOR A. Add at the beginning of Subparagraph 3 . 1.1 the following: "Wherever the term "Contractor" is used in the Contract Documents it shall be interpreted to mean "Construction Manager. " Wherever "Construction Manager" is used, it SUPPLEMENTARY CONDITIONS 00800-4 2980 G. Add new subparagraphs 1.2 . 6 through 1.2 . 12 as follows: 1 .2 .6 All indications or notations which apply to one of a number of similar situations, materials or processes shall be deemed to apply to all such situations, materials or processes wherever they appear in the Work, except where a contrary result is clearly indicated by the Contract Documents. 1.2 .7 Where codes, standards, requirements and publications of public and private bodies are referred to in the Specifications, references shall be understood to be to the latest revision prior to the date of receiving bids, except where otherwise indicated. 1.2 .8 Where no explicit quality or standards for materials or workmanship are established for Work, such work is to be of good quality for the intended use and consistent with the quality of the surrounding work and of the construction of the Project generally. 1 .2.9 All manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the manufacturer's written or printed directions and instructions unless otherwise indicated in the Contract Documents. 1.2 .10 Exact locations of fixtures and outlets shall be obtained from the Architect as provided in subparagraph 3 .2.5 before the Work is roughed in; work installed without such information from the Architect shall be relocated at the Contractor's expense. 1.2 .11 Test boring or soil test information included with the Contract Documents or otherwise made available to the Contractor was obtained by the Owner for use by the Architect in the design of the Project or Work. The Owner does not hold out such information to the Contractor as an accurate or approximate indication of subsurface conditions, and no claim for extra cost or extension of time resulting from a reliance by the Contractor on such information shall be allowed except as provided in subparagraph 4 .3 . 6 . 1 .2 .12 Where the Work is to fit with existing conditions or work to be performed by others, the Contractor shall fully and completely join the Work with such conditions or work, unless otherwise specified. SUPPLEMENTARY CONDITIONS 00800-3 2980 D. Add the following at the end of subparagraph 1.2 .3 : "All Work mentioned or indicated in the Contract Documents shall be performed by the Contractor as part of this Contract unless it is specifically indicated in the Contract Documents that such Work is to be done by others. In the event of conflicts or discrepancies among the Contract Documents, the Documents shall be interpreted on the basis of the following priorities: Highest Priority: Modifications Second Priority: Agreement Third Priority: Addenda - later date to take precedence Fourth Priority: General Requirements - Division 1 Fifth Priority: Supplementary Conditions Sixth Priority: General Conditions Seventh Priority: Drawings and Specifications In case of conflicts between Drawings and specifications, or within either the Drawings or specifications, the Contractor shall provide the better quality or greater quantity of work and materials unless otherwise directed by written Addendum or Change Order to the Contract. " E. Add the following to subparagraph 1.2 . 4 : "The Contractor and all Subcontractors shall refer to all of the Drawings, including those showing primarily the Work of the mechanical, electrical and other specialized trades, and to all of the Sections of the Specifications, and shall perform all Work reasonably inferable therefrom as being necessary to produce the indicated results. " F. Add the following to subparagraph 1.2 . 5 : "If the Agreement is a Guaranteed Maximum Price agreement, the words "Guaranteed Maximum Price" are substituted throughout A201 and these Supplementary Conditions for "Contract Sum, " and any reference to costs to be borne by the Contractor (or Work to be carried out at the Contractor's expense) shall be interpreted as stating that there shall be no adjustment of the Guaranteed Maximum Price as a result of such costs, and the Contractor shall be entitled to reimbursement from the Owner on account of such costs only if and to the extent provided in the Agreement. " SUPPLEMENTARY CONDITIONS 00800-2 2980 DOCUMENT 00800 SUPPLEMENTARY CONDITIONS THE GENERAL CONDITIONS The "General Conditions of the Contract for Construction, " AIA Document A201, Fourteenth Edition (1987) , Articles 1 through 14 inclusive, is a part of this Contract. THE SUPPLEMENTARY CONDITIONS The following supplements modify, delete and/or add to the General Conditions. Where any Article, Paragraph or sub-paragraph in the General Conditions is supplemented by one of the following paragraphs, the provisions of such Article, Paragraph, or sub-paragraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any Article, Paragraph, or sub-paragraph in the General Conditions is amended, voided or superseded by any of the following paragraphs, the provisions of such Article, Paragraph or sub-paragraph not so amended, voided, or superseded shall remain in effect. ARTICLE 1 GENERAL PROVISIONS A. Change the fourth sentence of subparagraph 1 .1.2 to read: "Except as provided in Paragraph 3 .18, nothing contained in the Contract Documents shall be construed to create any contractual relationship (1) between the Architect and the Contractor, (2) between the Owner or the Architect and a Subcontractor or Sub-subcontractor, (3) between the Owner and the Architect, or (4) between any persons or entities other than the Owner and the Contractor. " B. Delete the fifth sentence of subparagraph 1.1.2 . C. Add to the end of the first sentence of subparagraph 1.2 .1: A copy of the signed set shall be deposited with the Architect. " SUPPLEMENTARY CONDITIONS 00800-1 tify such action, may without prejudice to any other rights or Owner.The amount to be paid to the Contractor or Owner,as remedies of the Owner and after giving the Contractor and the the case may be,shall be certified by the Architect,upon appli- Contractor's surety, if any, seven days' written notice, termi- cation, and this obligation for payment shall survive termina- nate employment of the Contractor and may, subject to any tion of the Contract. prior rights of the surety: 14.3 SUSPENSION BY THE OWNER .1 take possession of the site and of all materials,equip- FOR CONVENIENCE ment,tools,and construction equipment and machin- 14.3.1 The Owner may,without cause,order the Contractor in ery thereon owned by the Contractor; writing to suspend,delay or interrupt the Work in whole or in .2 accept assignment of subcontracts pursuant to Para- part for such period of time as the Owner may determine. graph 5.4; and .3 finish the Work by whatever reasonable method the 14.3.2 An adjustment shall be made for increases in the cost of Owner may deem expedient. performance of the Contract, including profit on the increased cost of performance,caused by suspension, delay or interrup- 14.2.3 When the Owner terminates the Contract for one of the tion. No adjustment shall be made to the extent: reasons stated in Subparagraph 14.2.1,the Contractor shall not .1 that performance is,was or would have been so sus- be entitled to receive further payment until the Work is finished. pended, delayed or interrupted by another cause for which the Contractor is responsible; or 14.2.4 If the unpaid balance of the Contract Sum exceeds costs .2 that an equitable adjustment is made or denied under of finishing the Work, including compensation for the Archi- another provision of this Contract. tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the 14.3.3 Adjustments made in the cost of performance may have unpaid balance, the Contractor shall pay the difference to the a mutually agreed fixed or percentage fee. Printed on Recycled Paper AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 24 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- ARTICLE 14 paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval TERMINATION OR SUSPENSION OF THE CONTRACT under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established 14.1 TERMINATION BY THE CONTRACTOR by the Contract Documents,the Contractor shall bear all costs made necessary by such failure including those of repeated 14.1.1 The Contractor may terminate the Contract if the Work procedures and compensation for the Architect's services and is stopped for a period of 30 days through no act or fault of the expenses. Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions 13.5.4 Required certificates of testing, inspection or approval of the Work under contract with the Contractor,for any of the shall,unless otherwise required by the Contract Documents,be following reasons: secured by the Contractor and promptly delivered to the .1 issuance of an order of a court or other public author- Architect. ity having jurisdiction; 13.5.5 If the Architect is to observe tests, inspections or •2 an act of government,such as a declaration of national approvals required by the Contract Documents, the Architect emergency, making material unavailable; will do so promptly and,where practicable,at the normal place •3 because the Architect has not issued a Certificate for of testing. ayment and has not notified the Contractor of the g reason for withholding certification as provided in 13.5.6 Tests or inspections conducted pursuant to the Con- Subparagraph 9.4.1, or because the Owner has not tract Documents shall be made promptly to avoid unreasonable made payment on a Certificate for Payment within delay in the Work. the time stated in the Contract Documents; .4 if repeated suspensions,delays or interruptions by the 13.6 INTEREST Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- 13.6.1 Payments due and unpaid under the Contract Docu- ber of days scheduled for completion,or 120 days in ments shall bear interest from the date payment is due at such any 365-day period,whichever is less; or rate as the parties may agree upon in writing or,in the absence .5 the Owner has failed to furnish to the Contractor thereof,at the legal rate prevailing from time to time at the place promptly, upon the Contractor's request, reasonable where the Project is located. evidence as required by Subparagraph 2.2.1. „ + 14.1.2 If one of the above reasons exists, the Contractor may, 13.7 COMMENCEMENT OF STATUTORY upon seven additional days' written notice to the Owner and LIMITATION PERIOD Architect, terminate the Contract and recover from the Owner 13.7.1 As between the Owner and Contractor: payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment .1 Before Substantial Completion.As to acts or failures and machinery, including reasonable overhead, profit and to act occurring prior to the relevant date of Substan- damages. tial Completion, any applicable statute of limitations 14.1.3 If the Work is stopped for a period of 60 days through shall commence to run and any alleged cause of action no act or fault of the Contractor or a Subcontractor or their shall be deemed to have accrued in any and all events agents or employees or any other persons performing portions not later than such date of Substantial Completion; of the Work under contract with the Contractor because the .2 Between Substantial Completion and Final Certify Owner has persistently failed to fulfill the Owner's obligations Cate for Payment.As to acts or failures to act occur- under the Contract Documents with respect to matters impor- ring subsequent to the relevant date of Substantial tant to the progress of the Work, the Contractor may, upon Completion and prior to issuance of the final Certifi- seven additional days' written notice to the Owner and the cate for Payment,any applicable statute of limitations Architect,terminate the Contract and recover from the Owner shall commence to run and any alleged cause of as provided in Subparagraph 14.1.2. action shall be deemed to have accrued in any and all 14.2 TERMINATION BY THE OWNER FOR CAUSE events not later than the date of issuance of the final 14.2.1 The Owner may terminate the Contract if the Certificate for Payment; and Contractor: .3 After Final Certificate for Payment. As to acts or .1 persistently or repeatedly refuses or fails to supply failures to act occurring after the relevant date of issu- enough properly skilled workers or proper materials; ante of the final Certificate for Payment, any appli- .2 fails to make payment to Subcontractors for materials cable statute of limitations shall commence to run and or labor in accordance with the respective agreements any alleged cause of action shall be deemed to have between the Contractor and the Subcontractors; accrued in any and all events not later than the date of ,3 persistently disregards laws,ordinances,or rules, reg- any act or failure to act by the Contractor pursuant to ulations or orders of a public authority having juris- any warranty provided under Paragraph 3.5,the date diction; or of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2,or the •4 otherwise is guilty of substantial breach of a provision date of actual commission of any other act or failure of the Contract Documents. to perform any duty or obligation by the Contractor 14.2.2 When any of the above reasons exist,the Owner,upon or Owner, whichever occurs last. certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 23 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. for commencement of warranties established under Sub- ARTICLE 13 , paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found MISCELLANEOUS PROVISIONS to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after 13.1 GOVERNING LAW receipt of written notice from the Owner to do so unless the 13.1.1 The Contract shall be governed by the law of the place Owner has previously given the Contractor a written accep- where the Project is located. tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after 13.2 SUCCESSORS AND ASSIGNS Substantial Completion by the period of time between Substan- 13.2.1 The Owner and Contractor respectively bind them- tial Completion and the actual performance of the Work. This selves, their partners, successors, assigns and legal representa- obligation under this Subparagraph 12.2.2 shall survive accep- tives to the other party hereto and to partners, successors, tance of the Work under the Contract and termination of the assigns and legal representatives of such other party in respect Contract.The Owner shall give such notice promptly after dis- to covenants,agreements and obligations contained in the Con- covery of the condition. tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If 12.2.3 The Contractor shall remove from the site portions of either party attempts to make such an assignment without such the Work which are not in accordance with the requirements consent,that party shall nevertheless remain legally responsible of the Contract Documents and are neither corrected by the for all obligations under the Contract. Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work 13.3 WRITTEN NOTICE within a reasonable time, the Owner may correct it in accor- 13.3.1 Written notice shall be deemed to have been duly dance with Paragraph 2.4. If the Contractor does not proceed served if delivered in person to the individual or a member of with correction of such nonconforming Work within a reason- the firm or entity or to an officer of the corporation for which it able time fixed by written notice from the Architect,the Owner was intended,or if delivered at or sent by registered or certified may remove it and store the salvable materials or equipment at mail to the last business address known to the party giving the Contractor's expense. If the Contractor does not pay costs notice. of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written 13.4 RIGHTS AND REMEDIES notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,after deducting 13.4.1 Duties and obligations imposed by the Contract Docu- costs and damages that should have been borne by the Con- ments and rights and remedies available thereunder shall be in tractor,including compensation for the Architect's services and addition to and not a limitation of duties,obligations,rights and expenses made necessary thereby. If such proceeds of sale do remedies otherwise imposed or available by law. not cover costs which the Contractor should have borne, the 13.4.2 No action or failure to act by the Owner, Architect or Contract Sum shall be reduced by the deficiency. If payments Contractor shall constitute a waiver of a right or duty afforded then or thereafter due the Contractor are not sufficient to cover them under the Contract,nor shall such action or failure to act such amount, the Contractor shall pay the difference to the constitute approval of or acquiescence in a breach thereunder, Owner. except as may be specifically agreed in writing. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or 13.5 TESTS AND INSPECTIONS partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work 13.5.1 Tests, inspections and approvals of portions of the which is not in accordance with the requirements of the Con Work required by the Contract Documents or by laws, ordi- tract Documents. nances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- wise provided, the Contractor shall make arrangements for strued to establish a period of limitation with respect to other such tests,inspections and approvals with an independent test- obligations which the Contractor might have under the Con- ing laboratory or entity acceptable to the Owner, or with the tract Documents. Establishment of the time period of one year appropriate public authority, and shall bear all related costs of as described in Subparagraph 12.2.2 relates only to the specific tests, inspections and approvals. The Contractor shall give the obligation of the Contractor to correct the Work, and has no Architect timely notice of when and where tests and inspec- relationship to the time within which the obligation to comply tions are to be made so the Architect may observe such proce- with the Contract Documents may be sought to be enforced, dures. The Owner shall bear costs of tests, inspections or nor to the time within which proceedings may be commenced approvals which do not become requirements until after bids to establish the Contractor's liability with respect to the Con- are received or negotiations concluded. tractor's obligations other than specifically to correct the Work. 13.5.2 If the Architect, Owner or public authorities having 12.3 ACCEPTANCE OF NONCONFORMING WORK jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- 12.3.1 If the Owner prefers to accept Work which is not in paragraph 13.5.1,the Architect will,upon written authorization accordance with the requirements of the Contract Documents, from the Owner,instruct the Contractor to make arrangements the Owner may do so instead of requiring its removal and cor- for such additional testing, inspection or approval by an entity rection, in which case the Contract Sum will be reduced as acceptable to the Owner, and the Contractor shall give timely appropriate and equitable. Such adjustment shall be effected notice to the Architect of when and where tests and inspections whether or not final payment has been made. are to be made so the Architect may observe such procedures. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 22 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner 11.3.10 The Owner as fiduciary shall have power to adjust and insures properties, real or personal or both, adjoining or adja- settle a loss with insurers unless one of the parties in interest cent to the site by property insurance under policies separate shall object in writing within five days after occurrence of loss from those insuring the Project, or if after final payment prop- to the Owner's exercise of this power; if such objection be erty insurance is to be provided on the completed Project made,arbitrators shall be chosen as provided in Paragraph 4.5. through a policy or policies other than those insuring the Proj- The Owner as fiduciary shall,in that case,make settlement with ect during the construction period, the Owner shall waive all insurers in accordance with directions of such arbitrators. If rights in accordance with the terms of Subparagraph 11.3.7 for distribution of insurance proceeds by arbitration is required, damages caused by fire or other perils covered by this separate the arbitrators will direct such distribution. property insurance. All separate policies shall provide this 11,3.11 Partial occupancy or use in accordance with Paragraph waiver of subrogation by endorsement or otherwise. 9.9 shall not commence until the insurance company or com- 11.3.6 Before an exposure to loss may occur, the Owner shall panies providing property insurance have consented to such file with the Contractor a copy of each policy that includes partial occupancy or use by endorsement or otherwise. The insurance coverages required by this Paragraph 11.3. Each Owner and the Contractor shall take reasonable steps to obtain policy shall contain all generally applicable conditions, defini- consent of the insurance company or companies and shall, tions,exclusions and endorsements related to this Project.Each without mutual written consent,take no action with respect to policy shall contain a provision that the policy will not be partial occupancy or use that would cause cancellation,lapse or cancelled or allowed to expire until at least 30 days'prior writ- reduction of insurance. ten notice has been given to the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.3.7 Waivers of Subrogation. The Owner and Contractor 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- waive all rights against(1)each other and any of their subcon- tract and payment of obligations arising thereunder as stipu- tractors,sub-subcontractors,agents and employees,each of the lated in bidding requirements or specifically required in the other, and (2) the Architect, Architect's consultants, separate Contract Documents on the date of execution of the Contract. contractors described in Article 6,if any,and any of their sub- contractors, sub-subcontractors, agents and employees, for 11.4.2 Upon the request of any person or entity appearing to damages caused by fire or other perils to the extent covered by be a potential beneficiary of bonds covering payment of obliga- property insurance obtained pursuant to this Paragraph 11.3 or tions arising under the Contract,the Contractor shall promptly other property insurance applicable to the Work, except such furnish a copy of the bonds or shall permit a copy to be made. rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor,as appropriate, shall require of the Architect, Architect's consultants, separate ARTICLE 12 contractors described in Article 6, if any, and the subcontrac- tors,sub-subcontractors,agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agreements, written where legally required for 12.1 UNCOVERING OF WORK validity, similar waivers each in favor of other parties enum- erated herein.The policies shall provide such waivers of subro- 12.1.1 If a portion of the Work is covered contrary to the gation by endorsement or otherwise.A waiver of subrogation Architect's request or to requirements specifically expressed in shall be effective as to a person or entity even though that per- the Contract Documents, it must, if required in writing by the son or entity would otherwise have a duty of indemnification, Architect, be uncovered for the Architect's observation and be contractual or otherwise, did not pay the insurance premium replaced at the Contractor's expense without change in the directly or indirectly,and whether or not the person or entity Contract Time. had an insurable interest in the property damaged. 12.1.2 If a portion of the Work has been covered which the 11.3.8 A loss insured under Owner's property insurance shall Architect has not specifically requested to observe prior to its be adjusted by the Owner as fiduciary and made payable to the being covered,the Architect may request to see such Work and Owner as fiduciary for the insureds, as their interests may it shall be uncovered by the Contractor. If such Work is in appear, subject to requirements of any applicable mortgagee accordance with the Contract Documents, costs of uncover- clause and of Subparagraph 11.3.10. The Contractor shall pay ing and replacement shall, by appropriate Change Order, be Subcontractors their just shares of insurance proceeds received charged to the Owner. If such Work is not in accordance with by the Contractor, and by appropriate agreements, written the Contract'Documents, the Contractor shall pay such costs where legally required for validity,shall require Subcontractors unless the condition was caused by the Owner or a separate to make payments to their Sub-subcontractors in similar contractor in which event the Owner shall be responsible for manner. payment of such costs. 12.2 CORRECTION OF WORK 11.3.9 If required in writing by a party in interest, the Owner 12,2.1 The Contractor shall promptly correct Work rejected as fiduciary shall, upon occurrence of an insured loss, give by the Architect or failing to conform to the requirements of bond for proper performance of the Owner's duties. The cost the Contract Documents, whether observed before or after of required bonds shall be charged against proceeds received as Substantial Completion and whether or not fabricated,installed fiduciary. The Owner shall deposit in a separate account pro- or completed. The Contractor shall bear costs of correcting ceeds so received, which the Owner shall distribute in accor- such rejected Work, including additional testing and inspec- dance with such agreement as the parties in interest may reach, tions and compensation for the Architect's services and or in accordance with an arbitration award in which case the expenses made necessary thereby. procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- 12.2.2 If,within one year after the date of Substantial Comple- aged property shall be covered by appropriate Change Order. tion of the Work or designated portion thereof,or after the date AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 21 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to leaal orosecution. .2 claims for damages because of bodily injury, occupa- other than the Owner has an insurable interest in the property A w,, tional sickness or disease,or death of the Contractor's required by this Paragraph 11.3 to be covered, whichever is employees; earlier. This insurance shall include interests of the Owner,the .3 claims for damages because of bodily injury,sickness Contractor, Subcontractors and Sub-subcontractors in the or disease,or death of any person other than the Con- Work. tractor's employees; 11.3.1.1 Property insurance shall be on an all-risk policy form .4 claims for damages insured by usual personal injury and shall insure against the perils of fire and extended coverage liability coverage which are sustained(1)by a person and physical loss or damage including, without duplication of as a result of an offense directly or indirectly related to coverage, theft, vandalism, malicious mischief, collapse, false- employment of such person by the Contractor,or(2) work, temporary buildings and debris removal including by another person; demolition occasioned by enforcement of any applicable legal .5 claims for damages, other than to the Work itself, requirements, and shall cover reasonable compensation for because of injury to or destruction of tangible prop- Architect's services and expenses required as a result of such erty, including loss of use resulting therefrom; insured loss. Coverage for other perils shall not be required .6 claims for damages because of bodily injury,death of unless otherwise provided in the Contract Documents. a person or property damage arising out of owner- 11.3.1.2 If the Owner does not intend to purchase such prop- ship, maintenance or use of a motor vehicle; and erty insurance required by the Contract and with all of the .7 claims involving contractual liability insurance appli- coverages in the amount described above, the Owner shall so cable to the Contractor's obligations under Paragraph inform the Contractor in writing prior to commencement of 3.18. the Work.The Contractor may then effect insurance which will protect the interests of the Contractor,Subcontractors and Sub- 11.1.2 The insurance required by Subparagraph 11.1.1 shall be subcontractors in the Work,and by appropriate Change Order written for not less than limits of liability specified in the Con- the cost thereof shall be charged to the Owner. If the Contrac- tract Documents or required by law, whichever coverage is for is damaged by the failure or neglect of the Owner to pur- greater. Coverages, whether written on an occurrence or chase or maintain insurance as described above, without so claims-made basis, shall be maintained without interruption notifying the Contractor, then the Owner shall bear all reason- from date of commencement of the Work until date of final able costs properly attributable thereto. payment and termination of any coverage required to be main- tained after final payment. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- 11.1.3 Certificates of Insurance acceptable to the Owner shall ments, the Contractor shall pay costs not covered because of be filed with the Owner prior to commencement of the Work. such deductibles.If the Owner or insurer increases the required These Certificates and the insurance policies required by this minimum deductibles above the amounts so identified or if the Paragraph 11.1 shall contain a provision that coverages Owner elects to purchase this insurance with voluntary deduc- afforded under the policies will not be cancelled or allowed to tible amounts, the Owner shall be responsible for payment of expire until at least 30 days'prior written notice has been given the additional costs not covered because of such increased or to the Owner. If any of the foregoing insurance coverages are voluntary deductibles. If deductibles are not identified in the required to remain in force after final payment and are reason- Contract Documents, the Owner shall pay costs not covered ably available,an additional certificate evidencing continuation because of deductibles. of such coverage shall be submitted with the final Application 11,3.1.4 Unless otherwise provided in the Contract Docu- for Payment as required by Subparagraph 9.10.2. Information ments,this property insurance shall cover portions of the Work concerning reduction of coverage shall be furnished by the stored off the site after written approval of the Owner at the Contractor with reasonable promptness in accordance with the value established in the approval,and also portions of the Work Contractor's information and belief. in transit. 11.2 OWNER'S LIABILITY INSURANCE 11,3.2 Boiler and Machinery insurance. The Owner shall 11.2.1 The Owner shall be responsible for purchasing and purchase and maintain boiler and machinery insurance maintaining the Owner's usual liability insurance. Optionally, required by the Contract Documents or by law, which shall the Owner may purchase and maintain other insurance for self- specifically cover such insured objects during installation and protection against claims which may arise from operations until final acceptance by the Owner;this insurance shall include under the Contract. The Contractor shall not be responsible interests of the Owner, Contractor, Subcontractors and Sub- for purchasing and maintaining this optional Owner's liability subcontractors in the Work, and the Owner and Contractor insurance unless specifically required by the Contract shall be named insureds. Documents. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's 11.3 PROPERTY INSURANCE option, may purchase and maintain such insurance as will 11.3.1 Unless otherwise provided, the Owner shall purchase unsure the Owner against loss of use of the Owner's property and maintain, in a company or companies lawfully authorized due to fire or other hazards, however caused. The Owner to do business in the jurisdiction in which the Project is waives all rights of action against the Contractor for loss of use located, property insurance in the amount of the initial Con- of the Owner's property,including consequential losses due to tract Sum as well as subsequent modifications thereto for the fire or other hazards however caused. entire Work at the site on a replacement cost basis without vol- 11.3.4 If the Contractor requests in writing that insurance for untary deductibles. Such property insurance shall be main- risks other than those described herein or for other special haz- tained, unless otherwise provided in the Contract Documents ards be included in the property insurance policy, the Owner or otherwise agreed in writing by all persons and entities who shall, if possible, include such insurance, and the cost thereof are beneficiaries of such insurance,until final payment has been shall be charged to the Contractor by appropriate Change made as provided in Paragraph 9.10 or until no person or entity Order. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 20 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 10 10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders 006- PROTECTION OF PERSONS AND PROPERTY of public authorities bearing on safety of persons or property or 10.1 SAFETY PRECAUTIONS AND PROGRAMS their protection from damage, injury or loss. 10.1.1 The Contractor shall be responsible for initiating,main- 10.2.3 The Contractor shall erect and maintain,as required by taining and supervising all safety precautions and programs in existing conditions and performance of the Contract, reason- connection with the performance of the Contract. able safeguards for safety and protection, including posting danger signs and other warnings against hazards,promulgating 10.1.2 In the event the Contractor encounters on the site safety regulations and notifying owners and users of adjacent material reasonably believed to be asbestos or polychlorinated sites and utilities. biphenyl (PCB) which has not been rendered harmless, the 10.2.4 When use or storage of explosives or other hazardous Contractor shall immediately stop Work in the area affected materials or equipment or unusual methods are necessary for and report the condition to the Owner and Architect in writing. execution of the Work, the Contractor shall exercise utmost The Work in the affected area shall not thereafter be resumed care and carry on such activities under supervision of properly except by written agreement of the Owner and Contractor if in qualified personnel. fact the material is asbestos or polychlorinated biphenyl(PCB) and has not been rendered harmless.The Work in the affected 10.2.5 The Contractor shall promptly remedy damage and loss area shall be resumed in the absence of asbestos or polychlori- (other than damage or loss insured under property insurance nated biphenyl(PCB), or when it has been rendered harmless, required by the Contract Documents)to property referred to in by written agreement of the Owner and Contractor, or in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the accordance with final determination by the Architect on which Contractor, a Subcontractor, a Sub-subcontractor, or anyone arbitration has not been demanded, or by arbitration under directly or indirectly employed by any of them,or by anyone Article 4. for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except 10.1.3 The Contractor shall not be required pursuant to Article damage or loss attributable to acts or omissions of the Owner 7 to perform without consent any Work relating to asbestos or or Architect or anyone directly or indirectly employed by polychlorinated biphenyl(PCB). either of them,or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the 10.1.4 To the fullest extent permitted by law,the Owner shall Contractor. The foregoing obligations of the Contractor are in indemnify and hold harmless the Contractor, Architect,Archi- addition to the Contractor's obligations under Paragraph 3.18. tect's consultants and agents and employees of any of them from and against claims, damages,losses and expenses,includ- 10.2.6 The Contractor shall designate a responsible member of 00*4` ing but not limited to attorneys'fees,arising out of or resulting the Contractor's organization at the site whose duty shall be the from performance of the..Work in the affected area if in fact the prevention of accidents. This person shall be the Contractor's material is asbestos or polychlorinated biphenyl(PCB)and has superintendent unless otherwise designated by the Contractor not been rendered harmless,provided that such claim,damage, in writing to the Owner and Architect. loss or expense is attributable to bodily injury,sickness,disease 10.2.7 The Contractor shall not load or permit any part of the or death, or to injury to or destruction of tangible property construction or site to be loaded so as to endanger its safety. (other than the Work itself) including loss of use resulting therefrom,but only to the extent caused in whole or in pan by 10.3 EMERGENCIES negligent acts or omissions of the Owner, anyone directly or 10.3.1 In an emergency affecting safety of persons or property, indirectly employed by the Owner or anyone for whose acts the Contractor shall act, at the Contractor's discretion, to pre- the Owner may be liable, regardless of whether or not such vent threatened damage, injury or loss. Additional compensa- claim, damage, loss or expense is caused in part by a party tion or extension of time claimed by the Contractor on account indemnified hereunder. Such obligation shall not be construed of an emergency shall be determined as provided in Paragraph to negate, abridge, or reduce other rights or obligations of 4.3 and Article 7. indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. ARTICLE 11 10.2 SAFETY OF PERSONS AND PROPERTY INSURANCE AND BONDS 10.2.1 The Contractor shall take reasonable precautions for 11,1 CONTRACTOR'S LIABILITY INSURANCE safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in .1 employees on the Work and other persons who may the jurisdiction in which the Project is located such insurance as be affected thereby; will protect the Contractor from claims set forth below which .2 the Work and materials and equipment to be incorpo- may arise out of or result from the Contractor's operations rated therein, whether in storage on or off the site, under the Contract and for which the Contractor may be legally under care, custody or control of the Contractor or liable, whether such operations be by the Contractor or by a the Contractor's Subcontractors or Sub-subcontrac- Subcontractor or by anyone directly or indirectly employed by tors; and any of them,or by anyone for whose acts any of them may be 400", .3 other property at the site or adjacent thereto,such as liable: trees, shrubs, lawns, walks, pavements, roadways, .1 claims under workers' or workmen's compensation, structures and utilities not designated for removal, relo- disability benefit and other similar employee benefit acts cation or replacement in the course of construction. which are applicable to the Work to be performed; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 19 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. nated portion thereof is substantially complete. If the such inspection and,when the Architect finds the Work accept- Architect's inspection discloses any item, whether or not able under the Contract Documents and the Contract fully per- 40W included on the Contractor's list, which is not in accordance formed, the Architect will promptly issue a final Certificate for with the requirements of the Contract Documents,the Contrac- Payment stating that to the best of the Architect's knowledge, for shall, before issuance of the Certificate of Substantial Com- information and belief, and on the basis of the Architect's pletion,complete or correct such item upon notification by the observations and inspections,the Work has been completed in Architect. The Contractor shall then submit a request for accordance with terms and conditions of the Contract Docu- another inspection by the Architect to determine Substantial ments and that the entire balance found to be due the Contrac- Completion. When the Work or designated portion thereof is for and noted in said final Certificate is due and payable. The substantially complete, the Architect will prepare a Certificate Architect's final Certificate for Payment will constitute a further of Substantial Completion which shall establish the date of Sub- representation that conditions listed in Subparagraph 9.10.2 as stantial Completion, shall establish responsibilities of the precedent to the Contractor's being entitled to final payment Owner and Contractor for security,maintenance,heat,utilities, have been fulfilled. damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list 9.10.2 Neither final payment nor any remaining retained accompanying the Certificate.Warranties required by the Con- percentage shall become due until the Contractor submits to tract Documents shall commence on the date of Substantial the Architect(1)an affidavit that payrolls,bills for materials and Completion of the Work or designated portion thereof unless equipment,and other indebtedness connected with the Work otherwise provided in the Certificate of Substantial Comple- for which the Owner or the Owner's property might be tion. The Certificate of Substantial Completion shall be sub- responsible or encumbered(less amounts withheld by Owner) mitted to the Owner and Contractor for their written accep- have been paid or otherwise satisfied, (2)a certificate evidenc- tance of responsibilities assigned to them in such Certificate. ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will 9.8.3 Upon Substantial Completion of the Work or designated not be cancelled or allowed to expire until at least 30 days' portion thereof and upon application by the Contractor and prior written notice has been given to the Owner,(3)a written certification by the Architect, the Owner shall make payment, statement that the Contractor knows of no substantial reason reflecting adjustment in retainage,if any,for such Work or por- that the insurance will not be renewable to cover the period tion thereof as provided in the Contract Documents. required by the Contract Documents, (4)consent of surety, if 9.9 PARTIAL OCCUPANCY OR USE any, to final payment and(5), if required by the Owner, other data establishing payment or satisfaction of obligations,such as 9.9.1 The Owner may occupy or use any completed or par- receipts, releases and waivers of liens,claims,security interests tially completed portion of the Work at any stage when such or encumbrances arising out of the Contract, to the extent and portion is designated by separate agreement with the Contrac- in such form as may be designated by the Owner. If a Subcon- tor, provided such occupancy or use is consented to by the tractor refuses to furnish a release or waiver required by the insurer as required under Subparagraph 11.3.11 and authorized Owner, the Contractor may furnish a bond satisfactory to the by public authorities having jurisdiction over the Work. Such Owner to indemnify the Owner against such lien. If such lien partial occupancy or use may commence whether or not the remains unsatisfied after payments are made, the Contractor portion is substantially complete, provided the Owner and shall refund to the Owner all money that the Owner may be Contractor have accepted in writing the responsibilities compelled to pay in discharging such lien, including all costs assigned to each of them for payments, retainage if any, secu- and reasonable attorneys' fees. rity,maintenance,heat,utilities,damage to the Work and insur- ance,and have agreed in writing concerning the period for cor- 9.10.3 If,after Substantial Completion of the Work,final com- rection of the Work and commencement of warranties pletion thereof is materially delayed through no fault of the required by the Contract Documents. When the Contractor Contractor or by issuance of Change Orders affecting final considers a portion substantially complete,the Contractor shall completion, and the Architect so confirms, the Owner shall, prepare and submit a list to the Architect as provided under upon application by the Contractor and certification by the Subparagraph 9.8.2. Consent of the Contractor to partial occu- Architect,and without terminating the Contract,make payment pancy or use shall not be unreasonably withheld.The stage of of the balance due for that portion of the Work fully completed the progress of the Work shall be determined by written agree- and accepted.If the remaining balance for Work not fully com- ment between the Owner and Contractor or,if no agreement is pleted or corrected is less than retainage stipulated in the Con- reached, by decision of the Architect. tract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that por- 9.9.2 Immediately prior to such partial occupancy or use, the tion of the Work fully completed and accepted shall be submit- Owner, Contractor and Architect shall jointly inspect the area ted by the Contractor to the Architect prior to certification of to be occupied or portion of the Work to be used in order to such payment. Such payment shall be made under terms and determine and record the condition of the Work. conditions governing final payment, except that it shall not constitute a waiver of claims.The making of final payment shall 9.9.3 Unless otherwise agreed upon,partial occupancy or use constitute a waiver of claims by the Owner as provided in Sub- of a portion or portions of the Work shall not constitute accep- paragraph 4.3.5. tance of Work not complying with the requirements of the Contract Documents. 9.10.4 Acceptance of final payment by the Contractor, a Sub- 9.10 FINAL COMPLETION AND FINAL PAYMENT contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing 9.10.1 Upon receipt of written notice that the Work is ready and identified by that payee as unsettled at the time of final for final inspection and acceptance and upon receipt of a final Application for Payment. Such waivers shall be in addition to Application for Payment, the Architect will promptly make the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 18 A201-1987 AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2(XWi WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Owner a Certificate for Payment, with a copy to the Contrac- 9.5.2 When the above reasons for withholding certification are tor, for such amount as the Architect determines is properly removed, certification will be made for amounts previously due, or notify the Contractor and Owner in writing of the withheld. Architect's reasons for withholding certification in whole or in 9.6 PROGRESS PAYMENTS part as provided in Subparagraph 9.5.1. 9.6.1 After the Architect has issued a Certificate for Payment, 9.4.2 The issuance of a Certificate for Payment will constitute a the Owner shall make payment in the manner and within the representation by the Architect to the Owner, based on the time provided in the Contract Documents, and shall so notify Architect's observations at the site and the data comprising the the Architect. Application for Payment, that the Work has progressed to the 9.6.2 The Contractor shall promptly pay each Subcontractor, point indicated and that, to the best of the Architect's knowl- upon receipt of payment from the Owner, out of the amount edge, information and belief, quality of the Work is in accor- paid to the Contractor on account of such Subcontractor's por- dance with the Contract Documents.The foregoing representa- tion of the Work, the amount to which said Subcontractor is tions are subject to an evaluation of the Work for conformance entitled,reflecting percentages actually retained from payments with the Contract Documents upon Substantial Completion,to to the Contractor on account of such Subcontractor's portion results of subsequent tests and inspections,to minor deviations of the Work. The Contractor shall, by appropriate agreement from the Contract Documents correctable prior to completion with each Subcontractor, require each Subcontractor to make and to specific qualifications expressed by the Architect. The payments to Sub-subcontractors in similar manner. issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the 9.6.3 The Architect will, on request, furnish to a Subcontrac- amount certified.However,the issuance of a Certificate for Pay- tor, if practicable, information regarding percentages of com- ment will not be a representation that the Architect has (1) pletion or amounts applied for by the Contractor and action made exhaustive or continuous on-site inspections to check the taken thereon by the Architect and Owner on account of por- quality or quantity of the Work, (2) reviewed construction tions of the Work done by such Subcontractor. means, methods, techniques, sequences or procedures, (3) 9.6.4 Neither the Owner nor Architect shall have an obligation reviewed copies of requisitions received from Subcontractors to pay or to see to the payment of money to a Subcontractor and material suppliers and other data requested by the Owner except as may otherwise be required by law. to substantiate the Contractor's right to payment or(4) made examination to ascertain how or for what purpose the Contrac- 9.6.5 Payment to material suppliers shall be treated in a manner for has used money previously paid on account of the Contract similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4. Sum. 9.6.6 A Certificate for Payment,a progress payment,or partial 9.5 DECISIONS TO WITHHOLD CERTIFICATION or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the 9.5.1 The Architect may decide not to certify payment and Contract Documents. may withhold a Certificate for Payment in whole or in part, to 9.7 FAILURE OF PAYMENT the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required 9.7.1 If the Architect does not issue a Certificate for Payment, by Subparagraph 9.4.2 cannot be made. If the Architect is through no fault of the Contractor, within seven days after unable to certify payment in the amount of the Application,the receipt of the Contractor's Application for Payment, or if the Architect will notify the Contractor and Owner as provided in Owner does not pay the Contractor within seven days after the Subparagraph 9.4.1. If the Contractor and Architect cannot date established in the Contract Documents the amount cer- agree on a revised amount, the Architect will promptly issue a tified by the Architect or awarded by arbitration,then the Con- Certificate for Payment for the amount for which the Architect tractor may, upon seven additional days' written notice to the is able to make such representations to the Owner. The Archi- Owner and Architect, stop the Work until payment of the tect may also decide not to certify payment or, because of amount owing has been received. The Contract Time shall be subsequently discovered evidence or subsequent observations, extended appropriately and the Contract Sum shall be may nullify the whole or a part of a Certificate for Payment increased by the amount of the Contractor's reasonable costs of previously issued, to such extent as may be necessary in the shut-down,delay and start-up,which shall be accomplished as Architect's opinion to protect the Owner from loss because of: provided in Article 7. 9.8 SUBSTANTIAL COMPLETION .1 defective Work not remedied; 9.8.1 Substantial Completion is the stage in the progress of the .2 third party claims filed or reasonable evidence indicat- Work when the Work or designated portion thereof is suffi- ing probable filing of such claims; ciently complete in accordance with the Contract Documents .3 failure of the Contractor to make payments prop- so the Owner can occupy or utilize the Work for its intended erly to Subcontractors or for labor, materials or use. equipment; .4 reasonable evidence that the Work cannot be com 9.8.2 When the Contractor considers that the Work,or a por- pleted for the unpaid balance of the Contract Sum; tion thereof which the Owner agrees to accept separately, is substantially complete,the Contractor shall prepare and submit .5 damage to the Owner or another contractor; to the Architect a comprehensive list of items to be completed .6 reasonable evidence that the Work will not be com- or corrected. The Contractor shall proceed promptly to com- pleted within the Contract Time,and that the unpaid plete and correct items on the list.Failure to include an item on Win, balance would not be adequate to cover actual or such list does not alter the responsibility of the Contractor to liquidated damages for the anticipated delay; or complete all Work in accordance with the Contract Docu- .7 persistent failure to carry out the Work in accordance mens. Upon receipt of the Contractor's list, the Architect will with the Contract Documents. make an inspection to determine whether the Work or desig- ALA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 17 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 7.4 MINOR CHANGES IN THE WORK ARTICLE 9 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or PAYMENTS AND COMPLETION extension of the Contract Time and not inconsistent with the 9.1 CONTRACT SUM intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner 9.1.1 The Contract Sum is stated in the Agreement and,includ- and Contractor. The Contractor shall carry out such written ing authorized adjustments, is the total amount payable by the orders promptly. Owner to the Contractor for performance of the Work under the Contract Documents. ARTICLE 8 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor TIME shall submit to the Architect a schedule of values allocated to various portions of the Work,prepared in such form and sup- 8.1 DEFINITIONS ported by such data to substantiate its accuracy as the Architect 8.1.1 Unless otherwise provided, Contract Time is the period may require.This schedule,unless objected to by the Architect, of time, including authorized adjustments, allotted in the Con- shall be used as a basis for reviewing the Contractor's Applica- tract Documents for Substantial Completion of the Work. tions for Payment. 8.1.2 The date of commencement of the Work is the date 9.3 APPLICATIONS FOR PAYMENT established in the Agreement.The date shall not be postponed 9.3.1 At least ten days before the date established for each by the failure to act of the Contractor or of persons or entities progress payment, the Contractor shall submit to the Architect for whom the Contractor is responsible. an itemized Application for Payment for operations completed certified in accordance with the schedule of values. Such application 8.1.3 The date of Substantial Completion is the date by the Architect in accordance with Paragraph 9.8. shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner 8.1.4 The term"day"as used in the Contract Documents shall or Architect may require, such as copies of requisitions from mean calendar day unless otherwise specifically defined. Subcontractors and material suppliers, and reflecting retainage 8.2 PROGRESS AND COMPLETION if provided for elsewhere in the Contract Documents. 8.2.1 Time limits stated in the Contract Documents are of the 9.3.1.1 Such applications may include requests for payment on essence of the Contract. By executing the Agreement the Con- account of changes in the Work which have been properly tractor confirms that the Contract Time is a reasonable period authorized by Construction Change Directives but not yet for performing the Work. included in Change Orders. 8.2.2 The Contractor shall not knowingly, except by agree- 9.3.1.2 Such applications may not include requests for pay- ment or instruction of the Owner in writing,prematurely com- ment of amounts the Contractor does not intend to pay to a mence operations on the site or elsewhere prior to the effective Subcontractor or material supplier because of a dispute or other date of insurance required by Article 11 to be furnished by the reason. Contractor.The date of commencement of the Work shall not 9.3.2 Unless otherwise provided in the Contract Documents, be changed by the effective date of such insurance. Unless the payments shall be made on account of materials and equipment date of commencement is established by a notice to proceed delivered and suitably stored at the site for subsequent incor- given by the Owner, the Contractor shall notify the Owner in poration in the Work. If approved in advance by the Owner, writing not less than five days or other agreed period before payment may similarly be made for materials and equipment commencing the Work to permit the timely filing of mortgages, suitably stored off the site at a location agreed upon in writing. mechanic's liens and other security interests. Payment for materials and equipment stored on or off the site 8.2.3 The Contractor shall proceed expeditiously with ade- shall be conditioned upon compliance by the Contractor with quate forces and shall achieve Substantial Completion within procedures satisfactory to the Owner to establish the Owner's the Contract Time. title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, 8.3 DELAYS AND EXTENSIONS OF TIME storage and transportation to the site for such materials and 8.3.1 If the Contractor is delayed at any time in progress of the equipment stored off the site. Work by an act or neglect of the Owner or Architect,or of an 9.3.3 The Contractor warrants that title to all Work covered by employee of either, or of a separate contractor employed by an Application for Payment will pass to the Owner no later than the Owner, or by changes ordered in the Work, or by labor the time of payment. The Contractor further warrants that disputes,fire,unusual delay in deliveries,unavoidable casualties upon submittal of an Application for Payment all Work for or other causes beyond the Contractor's control, or by delay which Certificates for Payment have been previously issued authorized by the Owner pending arbitration, or by other and payments received from the Owner shall,to the best of the causes which the Architect determines may justify delay, then Contractor's knowledge, information and belief, be free and the Contract Time shall be extended by Change Order for such clear of liens, claims, security interests or encumbrances in reasonable time as the Architect may determine. favor of the Contractor, Subcontractors, material suppliers, or 8.3.2 Claims relating to time shall be made in accordance with other persons or entities making a claim by reason of having applicable provisions of Paragraph 4.3. provided labor, materials and equipment relating to the Work. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- 9.4 CERTIFICATES FOR PAYMENT ages for delay by either party under other provisions of the 9.4.1 The Architect will, within seven days after receipt of the Contract Documents. Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•ioURTEENTH EDITION 16 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 7 .3 cost to be determined in a manner agreed upon by rrw the parties and a mutually acceptable fixed or percent- CHANGES IN THE WORK age fee;or .4 as provided in Subparagraph 7.3.6. 7.1 CHANGES 7.3.4 Upon receipt of a Construction Change Directive, the 7.1.1 Changes in the Work may be accomplished after execu- Contractor shall promptly proceed with the change in the tion of the Contract,and without invalidating the Contract,by Work involved and advise the Architect of the Contractor's Change Order, Construction Change Directive or order for a agreement or disagreement with the method, if any, provided minor change in the Work, subject to the limitations stated in in the Construction Change Directive for determining the pro- this Article 7 and elsewhere in the Contract Documents. posed adjustment in the Contract Sum or Contract Time. 7.1.2 A Change Order shall be based upon agreement among 7.3.5 A Construction Change Directive signed by the Contrac- the Owner, Contractor and Architect; a Construction Change for indicates the agreement of the Contractor therewith,includ- Directive requires agreement by the Owner and Architect and ing adjustment in Contract Sum and Contract Time or the may or may not be agreed to by the Contractor;an order for a method for determining them. Such agreement shall be effec- minor change in the Work may be issued by the Architect tive immediately and shall be recorded as a Change Order. alone. 7.3.6 If the Contractor does not respond promptly or disagrees 7.1.3 Changes in the Work shall be performed under appli- with the method for adjustment in the Contract Sum, the cable provisions of the Contract Documents,and the Contrac- method and the adjustment shall be determined by the Archi- tor shall proceed promptly, unless otherwise provided in the tect on the basis of reasonable expenditures and savings of Change Order, Construction Change Directive or order for a those performing the Work attributable to the change, includ- minor change in the Work. ing, in case of an increase in the Contract Sum, a reasonable 7.1.4 If unit prices are stated in the Contract Documents or allowance for overhead and profit.In such case,and also under subsequently agreed upon, and if quantities originally con- Clause 7.3.3.3, the Contractor shall keep and present, in such templated are so changed in a proposed Change Order or Con- form as the Architect may prescribe, an itemized accounting struction Change Directive that application of such unit prices together with appropriate supporting data. Unless otherwise to quantities of Work proposed will cause substantial inequity provided in the Contract Documents,costs for the purposes of to the Owner or Contractor, the applicable unit prices shall be this Subparagraph 7.3.6 shall be limited to the following: equitably adjusted. .1 costs of labor, including social security, old age and 7.2 CHANGE ORDERS unemployment insurance,fringe benefits required by agreement or custom, and workers' or workmen's 7.2.1 A Change Order is a written instrument prepared by the compensation insurance; Architect and signed by the Owner, Contractor and Architect, .2 costs of materials, supplies and equipment, includ- stating their agreement upon all of the following: ing cost of transportation, whether incorporated or .1 a change in the Work; consumed; .2 the amount of the adjustment in the Contract Sum,if .3 rental costs of machinery and equipment,exclusive of any; and hand tools, whether rented from the Contractor or .3 the extent of the adjustment in the Contract Time, if others; any. .4 costs of premiums for all bonds and insurance,permit 7.2.2 Methods used in determining adjustments to the Contract fees, and sales, use or similar taxes related to the Work; and Sum may include those listed in Subparagraph 7.3.3. .5 additional costs of supervision and field office person- 7.3 CONSTRUCTION CHANGE DIRECTIVES nel directly attributable to the change. 7.3.1 A Construction Change Directive is a written order pre- 7,3.7 Pending final determination of cost to the Owner, pared by the Architect and signed by the Owner and Architect, amounts not in dispute may be included in Applications for directing a change in the Work and stating a proposed basis for Payment. The amount of credit to be allowed by the Contrac- adjustment, if any, in the Contract Sum or Contract Time, or for to the Owner for a deletion or change which results in a net both. The Owner may by Construction Change Directive, decrease in the Contract Sum shall be actual net cost as con- without invalidating the Contract, order changes in the Work firmed by the Architect. When both additions and credits within the general scope of the Contract consisting of addi- covering related Work or substitutions are involved in a tions, deletions or other revisions, the Contract Sum and Con- change, the allowance for overhead and profit shall be figured tract Time being adjusted accordingly. on the basis of net increase,if any,with respect to that change. 7.3.2 A Construction Change Directive shall be used in the 7,3.8 If the Owner and Contractor do not agree with the absence of total agreement on the terms of a Change Order. adjustment in Contract Time or the method for determining it, 7.3.3 if the Construction Change Directive provides for an the adjustment or the method shall be referred to the Architect adjustment to the Contract Sum,the adjustment shall be based for determination. on one of the following methods: 7.3.9 When the Owner and Contractor agree with the deter- .1 mutual acceptance of a lump sum properly itemized mination made by the Architect concerning the adjustments in and supported by sufficient substantiating data to per- the Contract Sum and Contract Time,or otherwise reach agree- mit evaluation; ment upon the adjustments, such agreement shall be effective .2 unit prices stated in the Contract Documents or sub- immediately and shall be recorded by preparation and execu- sequently agreed upon; tion of an appropriate Change Order. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 15 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 5.3 SUBCONTRACTUAL RELATIONS 6.1.3 The Owner shall provide for coordination of the activi- 0' 5.3.1 By appropriate agreement,written where legally required ties of the Owner's own forces and of each separate contractor for validity,the Contractor shall require each Subcontractor,to with the Work of the Contractor, who shall cooperate with the extent of the Work to be performed by the Subcontractor, them.The Contractor shall participate with other separate con- to be bound to the Contractor by terms of the Contract Docu- tractors and the Owner in reviewing their construction sched- ments,and to assume toward the Contractor all the obligations Wes when directed to do so. The Contractor shall make any and responsibilities which the Contractor, by these Docu- revisions to the construction schedule and Contract Sum ments,assumes toward the Owner and Architect.Each subcon- deemed necessary after a joint review and mutual agreement. tract agreement shall preserve and protect the rights of the The construction schedules shall then constitute the schedules Owner and Architect under the Contract Documents with to be used by the Contractor, separate contractors and the respect to the Work to be performed by the Subcontractor so Owner until subsequently revised. that subcontracting thereof will not prejudice such rights,and 6.1.4 Unless otherwise provided in the Contract Documents, shall allow to the Subcontractor, unless specifically provided when the Owner performs construction or operations related otherwise in the subcontract agreement, the benefit of all rights, remedie ies and redress against the Contractor that the to the Project with the Owner's own forces,the Owner shall be Contractor, the Contract Documents, has against the deemed to be subject to the same obligations and to have the Owner. Where appropriate, the Contractor shall require each same rights which apply cl the Contractor under the others, Subcontractor to enter into similar agreements with Sub-sub- tions of the Contract, including, without excluding others, contractors. The Contractor shall make available to each pro- those stated in Article 3, this Article 6 and Articles 10, 11 and 12. posed Subcontractor,prior to the execution of the subcontract agreement, copies of the Contract Documents to which the 6.2 MUTUAL RESPONSIBILITY Subcontractor will be bound,and,upon written request of the Subcontractor, identify to the Subcontractor terms and condi- 6.2.1 The Contractor shall afford the Owner and separate con- tions of the proposed subcontract agreement which may be at tractors reasonable opportunity for introduction and storage of variance with the Contract Documents. Subcontractors shall their materials and equipment and performance of their activi- similarly make copies of applicable portions of such documents ties and shall connect and coordinate the Contractor's con- available to their respective proposed Sub-subcontractors. struction and operations with theirs as required by the Contract 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Documents. 5.4.1 Each subcontract agreement for a portion of the Work is 6.2.2 If part of the Contractor's Work depends for proper assigned by the Contractor to the Owner provided that: execution or results upon construction or operations by the "-- .1 assignment is effective only after termination of the Owner or a separate contractor, the Contractor shall, prior to Contract by the Owner for cause pursuant to Para- proceeding with that portion of the Work,promptly report to graph 14.2 and only for those subcontract agreements the Architect apparent discrepancies or defects in such other which the Owner accepts by notifying the Subcon- construction that would render it unsuitable for such proper tractor in writing; and execution and results. Failure of the Contractor so to report .2 assignment is subject to the prior rights of the surety, shall constitute an acknowledgment that the Owner's or sepa- rate contractors'completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to 5.4.2 If the Work has been suspended for more than 30 days, defects not then reasonably discoverable. the Subcontractor's compensation shall be equitably adjusted. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ARTICLE 6 ble therefor. CONSTRUCTION BY OWNER 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- OR BY SEPARATE CONTRACTORS pleted construction or to property of the Owner or separate 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION contractors as provided in Subparagraph 10.2.5. AND TO AWARD SEPARATE CONTRACTS 6.2.5 Claims and other disputes and matters in question 6.1.1 The Owner reserves the right to perform construction or between the Contractor and a separate contractor shall be sub- operations related to the Project with the Owner's own forces, ject to the provisions of Paragraph 4.3 provided the separate and to award separate contracts in connection with other por- contractor has reciprocal obligations. tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially 6.2.6 The Owner and each separate contractor shall have the similar to these including those portions related to insurance same responsibilities for cutting and patching as are described and waiver of subrogation. If the Contractor claims that delay for the Contractor in Paragraph 3.14. or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- 6.3 OWNER'S RIGHT TO CLEAN UP where in the Contract Documents. 6.3.1 If a dispute arises among the Contractor, separate con- 6.1.2 When separate contracts are awarded for different por- tractors and the Owner as to the responsibility under their tions of the Project or other construction or operations on the respective contracts for maintaining the premises and surround- site,the term"Contractor"in the Contract Documents in each ing area free from waste materials and rubbish as described in case shall mean the Contractor who executes each separate Paragraph 3.15, the Owner may clean up and allocate the cost Owner-Contractor Agreement. among those responsible as the Architect determines to be just. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 4 A201-1 987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between the 4.5.6 Claims and Timely Assertion of Claims. A party who Owner and Contractor not resolved under Paragraph 4.4 shall, files a notice of demand for arbitration must assert in the if subject to arbitration under Subparagraph 4.5.1, be decided demand all Claims then known to that party on which arbitra- by arbitration in accordance with the Construction Industry tion is permitted to be demanded.When a party fails to include Arbitration Rules of the American Arbitration Association cur- a Claim through oversight, inadvertence or excusable neglect, rently in effect, unless the parties mutually agree otherwise. or when a Claim has matured or been acquired subsequently, Notice of demand for arbitration shall be filed in writing with the arbitrator or arbitrators may permit amendment. the other party to the Agreement between the Owner and Con- 4.5.7 Judgment on Final Award. The award rendered by the tractor and with the American Arbitration Association, and a arbitrator or arbitrators shall be final, and judgment may be copy shall be filed with the Architect. entered upon it in accordance with applicable law in any court 4.5.3 Contract Performance During Arbitration.During arbi- having jurisdiction thereof tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. ARTICLE 5 4.5.4 When Arbitration May Be Demanded.Demand for arbi- tration of any Claim may not be made until the earlier of(1)the SUBCONTRACTORS date on which the Architect has rendered a final written deci- 5.1 DEFINITIONS sion on the Claim, (2)the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable 5.1.1 A Subcontractor is a person or entity who has a direct opportunity to do so, if the Architect has not rendered a final contract with the Contractor to perform a portion of the Work written decision by that date, or (3) any of the five events at the site.The term"Subcontractor"is referred to throughout described in Subparagraph 4.3.2. the Contract Documents as if singular in number and means a 4.5.4.1 When a written decision of the Architect states that(1) Subcontractor or an authorized representative of the Subcon- the decision is final but subject to arbitration and(2)a demand tractor. The term "Subcontractor" does not include a separate for arbitration of a Claim covered by such decision must be contractor or subcontractors of a separate contractor. made within 30 days after the date on which the party making 5.1.2 A Sub-subcontractor is a person or entity who has a the demand receives the final written decision, then failure to direct or indirect contract with a Subcontractor to perform a demand arbitration within said 30 days' period shall result in portion of the Work at the site.The term "Sub-subcontractor" the Architect's decision becoming final and binding upon the is referred to throughout the Contract Documents as if singular Owner and Contractor.If the Architect renders a decision after in number and means a Sub-subcontractor or an authorized arbitration proceedings have been initiated,such decision may representative of the Sub-subcontractor. be entered as evidence,but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties 5.2 AWARD OF SUBCONTRACTS AND OTHER concerned. CONTRACTS FOR PORTIONS OF THE WORK 4.5.4.2 A demand for arbitration shall be made within the time 5.2.1 Unless otherwise stated in the Contract Documents or limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause the bidding requirements, the Contractor, as soon as prac- 4.5.4.1 as applicable, and in other cases within a reasonable ticable after award of the Contract, shall furnish in writing to time after the Claim has arisen,and in no event shall it be made the Owner through the Architect the names of persons or enti- after the date when institution of legal or equitable proceedings ties(including those who are to furnish materials or equipment based on such Claim would be barred by the applicable statute fabricated to a special design)proposed for each principal por- of limitations as determined pursuant to Paragraph 13.7. tion of the Work.The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the 4.5.5 Limitation On Consolidation or Joinder.No arbitration Architect, after due investigation, has reasonable objection to arising out of or relating to the Contract Documents shall any such proposed person or entity. Failure of the Owner or include, by consolidation or joinder or in any other manner, Architect to reply promptly shall constitute notice of no reason- the Architect,the Architect's employees or consultants,except able objection. by written consent containing specific reference to the Agree- 5.2.2 The Contractor shall not contract with a proposed per- ment and signed by the Architect, Owner,Contractor and any son or entity to whom the Owner or Architect has made rea- other person or entity sought to be joined. No arbitration shall sonable and timely objection. The Contractor shall not be include, by consolidation or joinder or in any other manner, required to contract with anyone to whom the Contractor has parties other than the Owner, Contractor, a separate contrac- made reasonable objection. for as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence 5.2.3 If the Owner or Architect has reasonable objection to a is required if complete relief is to be accorded in arbitration.No person or entity proposed by the Contractor, the Contractor person or entity other than the Owner,Contractor or a separate shall propose another to whom the Owner or Architect has no contractor as described in Article 6 shall be included as an orig- reasonable objection. The Contract Sum shall be increased or inal third party or additional third party to an arbitration whose decreased by the difference in cost occasioned by such change interest or responsibility is insubstantial.Consent to arbitration and an appropriate Change Order shall be issued.However,no involving an additional person or entity shall not constitute increase in the Contract Sum shall be allowed for such change consent to arbitration of a dispute not described therein or with unless the Contractor has acted promptly and responsively in a person or entity not named or described therein. The fore- submitting names as required. going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties 5.2.4 The Contractor shall not change a Subcontractor,person to the Agreement shall be specifically enforceable under appli- or entity previously selected if the Owner or Architect makes cable law in any court having jurisdiction thereof. reasonable objection to such change. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 13 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 4.3.4 Continuing Contract Performance. Pending final reso- substantiating that weather conditions were abnormal for the lution of a Claim including arbitration,unless otherwise agreed period of time and could not have been reasonably anticipated, in writing the Contractor shall proceed diligently with perfor- and that weather conditions had an adverse effect on the mance of the Contract and the Owner shall continue to make scheduled construction. payments in accordance with the Contract Documents. 4.3.9 Injury or Damage to Person or Properly. If either party 4.3.5 Waiver of Claims: Final Payment. The making of final to the Contract suffers injury or damage to person or property payment shall constitute a waiver of Claims by the Owner because of an act or omission of the other party,of any of the except those arising from: other party's employees or agents, or of others for whose acts .1 liens, Claims,security interests or encumbrances aris- such party is legally liable, written notice of such injury or ing out of the Contract and unsettled; damage, whether or not insured, shall be given to the other .2 failure of the Work to comply with the requirements pay within a reasonable time not exceeding 21 days after first of the Contract Documents; or observance.The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- .3 terms of special warranties required by the Contract tional cost or time related to this Claim is to be asserted,it shall Documents. be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.3.6 Claims for Concealed or Unknown Conditions. If con- 4.4 RESOLUTION OF CLAIMS AND DISPUTES ditions are encountered at the site which are(1)subsurface or otherwise concealed physical conditions which differ materi- 4.4.1 The Architect will review Claims and take one or more of ally from those indicated in the Contract Documents or (2) the following preliminary actions within ten days of receipt of a unknown physical conditions of an unusual nature, which dif- Claim:(1)request additional supporting data from the claimant, fer materially from those ordinarily found to exist and generally (2)submit a schedule to the parties indicating when the Archi- recognized as inherent in construction activities of the tect expects to take action, (3)reject the Claim in whole or in character provided for in the Contract Documents,then notice part, stating reasons for rejection, (4)recommend approval of by the observing party shall be given to the other party the Claim by the other party or(5)suggest a compromise.The promptly before conditions are disturbed and in no event later Architect may also,but is not obligated to, notify the surety,if than 21 days after first observance of the conditions.The Archi- any, of the nature and amount of the Claim. tect will promptly investigate such conditions and,if they differ materially and cause an increase or decrease in the Contractor's obtain If a Claim has been resolved,the Architect will prepare or o cost of, or time required for, performance of any part of the obtain appropriate documentation. Work,will recommend an equitable adjustment in the Contract 4.4.3 If a Claim has not been resolved, the party making the Sum or Contract Time,or both.If the Architect determines that Claim shall, within ten days after the Architect's preliminary the conditions at the site are not materially different from those response,take one or more of the following actions:(1)submit indicated in the Contract Documents and that no change in the additional supporting data requested by the Architect, (2) terms of the Contract is justified, the Architect shall so notify modify the initial Claim or(3)notify the Architect that the initial the Owner and Contractor in writing, stating the reasons. Claim stands. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given 4.4.4 If a Claim has not been resolved after consideration of the notice of the decision. If the Owner and Contractor cannot foregoing and of further evidence presented by the parties or agree on an adjustment in the Contract Sum or Contract Time, requested by the Architect,the Architect will notify the parties the adjustment shall be referred to the Architect for initial deter- in writing that the Architect's decision will be made within mination,subject to further proceedings pursuant to Paragraph seven days, which decision shall be final and binding on the 4.4. parties but subject to arbitration. Upon expiration of such time 4.3.7 Claims for Additional Cost. If the Contractor wishes to period, the Architect will render to the parties the Architect's make Claim for an increase in the Contract Sum,written notice written decision relative to the Claim,including any change in as provided herein shall be given before proceeding to execute the Contract Sum or Contract Time or both. If there is a surety the Work. Prior notice is not required for Claims relating to an and there appears to be a possibility of a Contractor's default, emergency endangering life or property arising under Para- the Architect may,but is not obligated to,notify the surety and graph 10.3. If the Contractor believes additional cost is request the surety's assistance in resolving the controversy. involved for reasons including but not limited to(1)a written interpretation from the Architect,(2)an order by the Owner to 4.5 ARBITRATION stop the Work where the Contractor was not at fault,(3)a writ- 4.5.1 Controversies and Claims Subject to Arbitration.Any ten order for a minor change in the Work issued by the Archi- controversy or Claim arising out of or related to the Contract, tect,(4)failure of payment by the Owner,(5)termination of the or the breach thereof, shall be settled by arbitration in accor- Contract by the Owner, (6) Owner's suspension or (7) other dance with the Construction Industry Arbitration Rules of the reasonable grounds,Claim shall be filed in accordance with the American Arbitration Association, and judgment upon the procedure established herein. award rendered by the arbitrator or arbitrators may be entered 4.3.8 Claims for Additional Time in any court having jurisdiction thereof, except controversies 4.3.8.1 If the Contractor wishes to make Claim for an increase or Claims relating to aesthetic effect and except those waived as in the Contract Time,written notice as provided herein shall be provided for in Subparagraph 4.3.5. Such controversies or given.The Contractor's Claim shall include an estimate of cost Claims upon which the Architect has given notice and rendered and of probable effect of delay on progress of the Work.In the a decision as provided in Subparagraph 4.4.4 shall be subject to case of a continuing delay only one Claim is necessary. arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim 4.3.8.2 If adverse weather conditions are the basis for a Claim has been referred to the Architect as provided in Paragraph 4.3 for additional time, such Claim shall be documented by data and no decision has been rendered. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 12 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. tractor,Subcontractors,or their agents or employees,or of any out the Architect's responsibilities at the site. The duties, other persons performing portions of the Work. responsibilities and limitations of authority of such project 4.2.4 Communications Facilitating Contract Administra- representatives shall be as set forth in an exhibit to be incorpo- tion. Except as otherwise provided in the Contract Documents rated in the Contract Documents. or when direct communications have been specially autho- 4.2.11 The Architect will interpret and decide matters concern- rized, the Owner and Contractor shall endeavor to communi- ing performance under and requirements of the Contract rate through the Architect. Communications by and with the Documents on written request of either the Owner or Contrac- Architect's consultants shall be through the Architect.Commu- tor. The Architect's response to such requests will be made nications by and with Subcontractors and material suppliers with reasonable promptness and within any time limits agreed shall be through the Contractor. Communications by and with upon. If no agreement is made concerning the time within separate contractors shall be through the Owner. which interpretations required of the Architect shall be fur- 4.2.5 Based on the Architect's observations and evaluations of nished in compliance with this Paragraph 4.2, then delay shall the Contractor's Applications for Payment, the Architect will not be recognized on account of failure by the Architect to fur- review and certify the amounts due the Contractor and will nish such interpretations until 15 days after written request is issue Certificates for Payment in such amounts. made for them. 4.2.6 The Architect will have authority to reject Work which 4.2.12 Interpretations and decisions of the Architect will be does not conform to the Contract Documents. Whenever the consistent with the intent of and reasonably inferable from the Architect considers it necessary or advisable for implementa- Contract Documents and will be in writing or in the form of tion of the intent of the Contract Documents,the Architect will drawings.When making such interpretations and decisions,the have authority to require additional inspection or testing of the Architect will endeavor to secure faithful performance by both Work in accordance with Subparagraphs 13.5.2 and 13.5.3, Owner and Contractor, will not show partiality to either and whether or not such Work is fabricated,installed or completed. will not be liable for results of interpretations or decisions so However,neither this authority of the Architect nor a decision rendered in good faith. made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- 4.2.13 The Architect's decisions on matters relating to aesthetic tect to the Contractor,Subcontractors,material and equipment effect will be final if consistent with the intent expressed in the suppliers,their agents or employees,or other persons perform- Contract Documents. ing portions of the Work. 4.2.7 The Architect will review and approve or take other 4.3 CLAIMS AND DISPUTES appropriate action upon the Contractor's submittals such as 4.3.1 Definition. A Claim is a demand or assertion by one of Shop Drawings, Product Data and Samples, but only for the the parties seeking,as a matter of right,adjustment or interpre- limited purpose of checking for conformance with information cation of Contract terms,payment of money,extension of time given and the design concept expressed in the Contract Docu- or other relief with respect to the terms of the Contract. The ments. The Architect's action will be taken with such reason- term"Claim"also includes other disputes and matters in ques- able promptness as to cause no delay in the Work or in the tion between the Owner and Contractor arising out of or relat- activities of the Owner, Contractor or separate contractors, ing to the Contract. Claims must be made by written notice. while allowing sufficient time in the Architect's professional The responsibility to substantiate Claims shall rest with the judgment to permit adequate review.Review of such submittals party making the Claim. is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and 4.3.2 Decision of Architect. Claims, including those alleging quantities, or for substantiating instructions for installation or an error or omission by the Architect,shall be referred initially performance of equipment or systems,all of which remain the to the Architect for action as provided in Paragraph 4.4.A deci- responsibility of the Contractor as required by the Contract sion by the Architect,as provided in Subparagraph 4.4.4,shall Documents.The Architect's review of the Contractor's submit- be required as a condition precedent to arbitration or litigation tals shall not relieve the Contractor of the obligations under of a Claim between the Contractor and Owner as to all such Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not matters arising prior to the date final payment is due,regardless constitute approval of safety precautions or, unless otherwise of(1)whether such matters relate to execution and progress of specifically stated by the Architect,of any construction means, the Work or(2)the extent to which the Work has been com- methods,techniques,sequences or procedures.The Architect's pleted. The decision by the Architect in response to a Claim approval of a specific item shall not indicate approval of an shall not be a condition precedent to arbitration or litigation in assembly of which the item is a component. the event(1)the position of Architect is vacant,(2)the Architect 4.2.8 The Architect will prepare Change Orders and Construc- has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take tion Change Directives, and may authorize minor changes in action required under Subparagraph 4.4.4 within 30 days after the Work as provided in Paragraph 7.4. the Claim is made,(4)45 days have passed after the Claim has 4.2.9 The Architect will conduct inspections to determine the been referred to the Architect or (5) the Claim relates to a date or dates of Substantial Completion and the date of final mechanic's lien. completion, will receive and forward to the Owner for the Owner's review and records written warranties and related 4.3.3 Time Limits on Claims. Claims by either party must be documents required by the Contract and assembled by the made within 21 days after occurrence of the event giving rise to Contractor,and will issue a final Certificate for Payment upon such Claim or within 21 days after the claimant first recognizes compliance with the requirements of the Contract Documents. the condition giving rise to the Claim,whichever is later.Claims must be made by written notice. An additional Claim made 4.2.10 If the Owner and Architect agree,the Architect will pro- after the initial Claim has been implemented by Change Order vide one or more project representatives to assist in carrying will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 11 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Owner or a separate contractor except with written consent of tect's consultants, and agents and employees of any of them ,401k the Owner and of such separate contractor;such consent shall arising out of(1)the preparation or approval of maps,drawings, not be unreasonably withheld.The Contractor shall not unrea- opinions,reports,surveys,Change Orders,designs or specifica- sonably withhold from the Owner or a separate contractor the tions, or (2) the giving of or the failure to give directions or Contractor's consent to cutting or otherwise altering the Work. instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or 3.15 CLEANING UP failure to give is the primary cause of the injury or damage. 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the ARTICLE 4 Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction ADMINISTRATION OF THE CONTRACT equipment, machinery and surplus materials. 4.1 ARCHITECT 3.15.2 If the Contractor fails to clean up as provided in the 4.1.1 The Architect is the person lawfully licensed to practice Contract Documents, the Owner may do so and the cost architecture or an entity lawfully practicing architecture iden- thereof shall be charged to the Contractor. tified as such in the Agreement and is referred to throughout 3.16 ACCESS TO WORK the Contract Documents as if singular in number. The term 3.16.1 The Contractor shall provide the Owner and Architect "Architect" means the Architect or the Architect's authorized access to the Work in preparation and progress wherever representative. located. 4.1.2 Duties,responsibilities and limitations of authority of the 3.17 ROYALTIES AND PATENTS Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the 3.17.1 The Contractor shall pay all royalties and license fees. Owner, Contractor and Architect. Consent shall not be unrea- The Contractor shall defend suits or claims for infringement of sonably withheld. patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for 4.1.3 In case of termination of employment of the Architect, such defense or loss when a particular design,process or prod- the Owner shall appoint an architect against whom the Con- uct of a particular manufacturer or manufacturers is required by tractor makes no reasonable objection and whose status under the Contract Documents. However, if the Contractor has rea- the Contract Documents shall be that of the former architect. son to believe that the required design,process or product is an 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 . infringement of a patent,the Contractor shall be responsible for shall be subject to arbitration. such loss unless such information is promptly furnished to the Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 3.18 INDEMNIFICATION 4.2.1 The Architect will provide administration of the Contract 3.18.1 To the fullest extent permitted by law, the Contractor as described in the Contract Documents, and will be the shall indemnify and hold harmless the Owner,Architect,Archi- Owner's representative (1) during construction, (2) until final tect's consultants, and agents and employees of any of them payment is due and (3) with the Owner's concurrence, from from and against claims, damages,losses and expenses,includ- time to time during the correction period described in Para- ing but not limited to attorneys'fees,arising out of or resulting graph 12.2. The Architect will advise and consult with the from performance of the Work,provided that such claim,dam- Owner.The Architect will have authority to act on behalf of the age, loss or expense is attributable to bodily injury, sickness, Owner only to the extent provided in the Contract Documents, disease or death,or to injury to or destruction of tangible prop- unless otherwise modified by written instrument in accordance erty(other than the Work itself)including loss of use resulting with other provisions of the Contract. therefrom,but only to the extent caused in whole or in pan by negligent acts or omissions of the Contractor,a Subcontractor, 4.2.2 The Architect will visit the site at intervals appropriate to anyone directly or indirectly employed by them or anyone for the stage of construction to become generally familiar with the whose acts they may be liable, regardless of whether or not progress and quality of the completed Work and to determine such claim,damage,loss or expense is caused in part by a party in general if the Work is being performed in a manner indicat- indemnified hereunder. Such obligation shall not be construed ing that the Work,when completed,will be in accordance with to negate, abridge, or reduce other rights or obligations of the Contract Documents. However, the Architect will not be indemnity which would otherwise exist as to a party or person required to make exhaustive or continuous on-site inspections described in this Paragraph 3.18. to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the 3.18.2 In claims against any person or entity indemnified Owner informed of progress of the Work,and will endeavor to under this Paragraph 3.18 by an employee of the Contractor,a guard the Owner against defects and deficiencies in the Work. Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifiea- 4.2.3 The Architect will not have control over or charge of and tion obligation under this Paragraph 3.18 shall not be limited by will not be responsible for construction means, methods, a limitation on amount or type of damages, compensation or techniques,sequences or procedures,or for safety precautions benefits payable by or for the Contractor or a Subcontractor and programs in connection with the Work, since these are 40"01, under workers' or workmen's compensation acts, disability solely the Contractor's responsibility as provided in Paragraph benefit acts or other employee benefit acts. 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract 3.18.3 The obligations of the Contractor under this Paragraph Documents.The Architect will not have control over or charge 3.18 shall not extend to the liability of the Architect,the Archi- of and will not be responsible for acts or omissions of the Con- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 10 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the which submittals are required the way the Contractor proposes site, labor, installation costs, overhead, profit and to conform to the information given and the design concept other expenses contemplated for stated allowance expressed in the Contract Documents.Review by the Architect amounts shall be included in the Contract Sum and is subject to the limitations of Subparagraph 4.2.7. not in the allowances; .4 whenever costs are more than or less than allowances, 3'12.5 The Contractor shall review,approve and submit to the the Contract Sum shall be adjusted accordingly by Architect Shop Drawings, Product Data, Samples and similar Change Order.The amount of the Change Order shall submittals required by the Contract Documents with reason- reflect(1)the difference between actual costs and the able promptness and in such sequence as to cause no delay in allowances under Clause 3.8.2.2 and (2) changes in the Work or in the activities of the Owner or of separate con- Contractor's costs under Clause 3.8.2.3. tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without 3.9 SUPERINTENDENT action. 3.9.1 The Contractor shall employ a competent superinten- 3.12.6 The Contractor shall perform no portion of the Work dent and necessary assistants who shall be in attendance at the requiring submittal and review of Shop Drawings, Product Project site during performance of the Work. The superinten- Data, Samples or similar submittals until the respective submit- dent shall represent the Contractor,and communications given tal has been approved by the Architect. Such Work shall be in to the superintendent shall be as binding as if given to the Con- accordance with approved submittals. tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on 3.12.7 By approving and submitting Shop Drawings, Product written request in each case. Data,Samples and similar submittals,the Contractor represents 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES that the Contractor has determined and verified materials,field measurements and field construction criteria related thereto,or 3.10.1 The Contractor,promptly after being awarded the Con- will do so, and has checked and coordinated the information tract,shall prepare and submit for the Owner's and Architect's contained within such submittals with the requirements of the information a Contractor's construction schedule for the Work. Work and of the Contract Documents. The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as 3.12.8 The Contractor shall not be relieved of responsibility required by the conditions of the Work and Project, shall be for deviations from requirements of the Contract Documents related to the entire Project to the extent required by the Con- by the Architect's approval of Shop Drawings, Product Data, tract Documents, and shall provide for expeditious and practi- Samples or similar submittals unless the Contractor has cable execution of the Work. specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written 3.10.2 The Contractor shall prepare and keep current, for the approval to the specific deviation. The Contractor shall not be Architect's approval, a schedule of submittals which is coordi- relieved of responsibility for errors or omissions in Shop Draw- nated with the Contractor's construction schedule and allows ings, Product Data, Samples or similar submittals by the Archi- the Architect reasonable time to review submittals. tect's approval thereof. 3.10.3 The Contractor shall conform to the most recent schedules. 3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings, Product Data, Samples or 3.11 DOCUMENTS AND SAMPLES AT THE SITE similar submittals, to revisions other than those requested by 3.11.1 The Contractor shall maintain at the site for the Owner the Architect on previous submittals. one record copy of the Drawings, Specifications, addenda, 3.12.10 Informational submittals upon which the Architect is Change Orders and other Modifications, in good order and not expected to take responsive action may be so identified in marked currently to record changes and selections made during the Contract Documents. construction, and in addition approved Shop Drawings, Prod- 3.12.11 When professional certification of performance criteria uct Data, Samples and similar required submittals. These shall of materials,systems or equipment is required by the Contract be available to the Architect and shall be delivered to the Archi- Documents, the Architect shall be entitled to rely upon the tect for submittal to the Owner upon completion of the Work. accuracy and completeness of such calculations and certifr- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES cations. 3.12.1 Shop Drawings are drawings, diagrams, schedules and 3.13 USE OF SITE other data specially prepared for the Work by the Contractor or 3.13.1 The Contractor shall confine operations at the site to a Subcontractor, Sub-subcontractor,manufacturer,supplier or areas permitted by law, ordinances, permits and the Contract distributor to illustrate some portion of the Work. Documents and shall not unreasonably encumber the site with 3.12.2 Product Data are illustrations, standard schedules, per- materials or equipment. formance charts, instructions, brochures, diagrams and other 3.14 CUTTING AND PATCHING information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts 3.12.3 Samples are physical examples which illustrate fit together properly. materials, equipment or workmanship and establish standards by which the Work will be judged. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the 3.12.4 Shop Drawings, Product Data, Samples and similar stub- Owner or separate contractors by cutting, patching or other- mittals are not Contract Documents. The purpose of their sub- wise altering such construction,or by excavation.The Contrac- mittal is to demonstrate for those portions of the Work for for shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 9 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 3.2 REVIEW OF CONTRACT DOCUMENTS AND 3.5 WARRANTY Aowk FIELD CONDITIONS BY CONTRACTOR 3.5.1 The Contractor warrants to the Owner and Architect that 3.2.1 The Contractor shall carefully study and compare the materials and equipment furnished under the Contract will be Contract Documents with each other and with information of good quality and new unless otherwise required or permit- furnished by the Owner pursuant to Subparagraph 2.2.2 and ted by the Contract Documents, that the Work will be free shall at once report to the Architect errors, inconsistencies or from defects not inherent in the quality required or permitted, omissions discovered. The Contractor shall not be liable to the and that the Work will conform with the requirements of the Owner or Architect for damage resulting from errors,inconsis- Contract Documents. Work not conforming to these require- tencies or omissions in the Contract Documents unless the ments, including substitutions not properly approved and Contractor recognized such error, inconsistency or omission authorized, may be considered defective. The Contractor's and knowingly failed to report it to the Architect. If the Con- warranty excludes remedy for damage or defect caused by tractor performs any construction activity knowing it involves abuse,modifications not executed by the Contractor,improper a recognized error, inconsistency or omission in the Contract or insufficient maintenance, improper operation, or normal Documents without such notice to the Architect, the Contrac- wear and tear under normal usage. If required by the Architect, for shall assume appropriate responsibility for such perfor- the Contractor shall furnish satisfactory evidence as to the kind mance and shall bear an appropriate amount of the attributable and quality of materials and equipment. costs for correction. 3.6 TAXES 3.2.2 The Contractor shall take field measurements and verify 3.6.1 The Contractor shall pay sales,consumer,use and similar field conditions and shall carefully compare such field mea- taxes for the Work or portions thereof provided by the Con- surements and conditions and other information known to the tractor which are legally enacted when bids are received or Contractor with the Contract Documents before commencing negotiations concluded;whether or not yet effective or merely activities. Errors, inconsistencies or omissions discovered shall scheduled to go into effect. be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance 3.7 PERMITS,FEES AND NOTICES with the Contract Documents and submittals approved pur- 3.7.1 Unless otherwise provided in the Contract Documents, suant to Paragraph 3.12. the Contractor shall secure and pay for the building permit and other permits and governmental fees,licenses and inspections 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES necessary for proper execution and completion of the Work 3.3.1 The Contractor shall supervise and direct the Work, which are customarily secured after execution of the Contract using the Contractor's best skill and attention. The Contractor and which are legally required when bids are received or nego- nations concluded. w shall be solely responsible for and have control over construc tion means, methods, techniques, sequences and procedures 3.7.2 The Contractor shall comply with and give notices and for coordinating all portions of the Work under the Con- required by laws, ordinances, rules, regulations and lawful tract, unless Contract Documents give other specific instruc- orders of public authorities bearing on performance of the tions concerning these matters. Work. 3.3.2 The Contractor shall be responsible to the Owner for acts 3.7.3 It is not the Contractor's responsibility to ascertain that and omissions of the Contractor's employees, Subcontractors the Contract Documents are in accordance with applicable and their agents and employees,and other persons performing laws,statutes,ordinances,building codes,and rules and regula- portions of the Work under a contract with the Contractor. tions. However,if the Contractor observes that portions of the 3.3.3 The Contractor shall not be relieved of obligations to per- Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and form the Work in accordance with the Contract Documents necessary changes shall be accomplished by appropriate either by activities or duties of the Architect in the Architect's Modification. administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the 3.7.4 If the Contractor performs Work knowing it to be con- Contractor. trary to laws,statutes,ordinances,building codes,and rules and 3.3.4 The Contractor shall be responsible for inspection of por- regulations without such notice to the Architect and Owner, [ions of Work already performed under this Contract to deter- the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. mine that such portions are in proper condition to receive sub sequent Work. 3.8 ALLOWANCES 3.4 LABOR AND MATERIALS 3.8.1 The Contractor shall include in the Contract Sum all 3.4.1 Unless otherwise provided in the Contract Documents, allowances stated in the Contract Documents. Items covered the Contractor shall provide and pay for labor,materials,equip- by allowances shall be supplied for such amounts and by such ment, tools, construction equipment and machinery, water, persons or entities as the Owner may direct,but the Contractor heat, utilities, transportation, and other facilities and services shall not be required to employ persons or entities against necessary for proper execution and completion of the Work, which the Contractor makes reasonable objection. whether temporary or permanent and whether or not incorpo- 3.8.2 Unless otherwise provided in the Contract Documents: rated or to be incorporated in the Work. .1 materials and equipment under an allowance shall be 3.4.2 The Contractor shall enforce strict discipline and good selected promptly by the Owner to avoid delay in the order among the Contractor's employees and other persons Work; carrying out the Contract. The Contractor shall not permit .2 allowances shall cover the cost to the Contractor of employment of unfit persons or persons not skilled in tasks materials and equipment delivered at the site and all assigned to them. required taxes, less applicable trade discounts; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 8 A201-1 987 AIA® -©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. Work without the specific written consent of the Owner and ments and charges required for construction,use or occupancy Architect. The Contractor, Subcontractors, Sub-subcontractors of permanent structures or for permanent changes in existing and material or equipment suppliers are granted a limited facilities. license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the 2.2.4 Information or services under the Owner's control shall Architect appropriate to and for use in the execution of their be furnished by the Owner with reasonable promptness to Work under the Contract Documents. All copies made under avoid delay in orderly progress of the Work. this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents 2.2.5 Unless otherwise provided re the Contract Documents, prepared by the Architect. Submittal or distribution to meet the Contractor will be furnished,free of charge,such copies of official regulatory requirements or for other purposes in con- Drawings and Project Manuals as are reasonably necessary for nection with this Project is not to be construed as publication execution of the Work. in derogation of the Architect's copyright or other reserved 2,2.6 The foregoing are in addition to other duties and respon- rights. sibdities of the Owner enumerated herein and especially those 1.4 CAPITALIZATION in respect to Article 6(Construction by Owner or by Separate 1.4.1 Terms capitalized in these General Conditions include Contractors), Article 9(Payments and Completion)and Article those which are (1)specifically defined, (2) the titles of num- 11 (Insurance and Bonds). bered articles and identified references to Paragraphs,Subpara- 2.3 OWNER'S RIGHT TO STOP THE WORK graphs and Clauses in the document or(3) the titles of other 2.3.1 If the Contractor fails to correct Work which is not in documents published by the American Institute of Architects. accordance with the requirements of the Contract Documents 1.5 INTERPRETATION as required by Paragraph 12.2 or persistently fails to carry out 1.5.1 In the interest of brevity the Contract Documents fre- Work in accordance with the Contract Documents,the Owner, quently omit modifying words such as"all"and"any"and arti- by written order signed personally or by an agent specifically so cles such as "the" and "an," but the fact that a modifier or an empowered by the Owner in writing, may order the Contrac- article is absent from one statement and appears in another is for to stop the Work,or any portion thereof,until the cause for not intended to affect the interpretation of either statement. such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the pan of the Owner to exercise this right for the benefit of the Con- ARTICLE 2 tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. OWNER 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.1 DEFINITION 2.4.1 If the Contractor defaults or neglects to carry out the 2.1.1 The Owner is the person or entity identified as such in Work in accordance with the Contract Documents and fails the Agreement and is referred to throughout the Contract within a seven-day period after receipt of written notice from Documents as if singular in number.The term"Owner"means the Owner to commence and continue correction of such the Owner or the Owner's authorized representative. default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second 2.1.2 The Owner upon reasonable written request shall furnish written notice to correct such deficiencies within a second to the Contractor in writing information which is necessary and seven-day period. If the Contractor within such second seven- relevant for the Contractor to evaluate, give notice of or day period after receipt of such second notice fails to com- enforce mechanic's lien rights.Such information shall include a mence and continue to correct any deficiencies, the Owner correct statement of the record legal title to the property on may, without prejudice to other remedies the Owner may which the Project is located,usually referred to as the site,and have, correct such deficiencies. In such case an appropriate the Owner's interest therein at the time of execution of the Change Order shall be issued deducting from payments then or Agreement and,within five days after any change,information thereafter due the Contractor the cost of correcting such defi- of such change in title, recorded or unrecorded. ciencies, including compensation for the Architect's additional services and expenses made necessary by such default,neglect 2.2 INFORMATION AND SERVICES or failure. Such action by the Owner and amounts charged to REQUIRED OF THE OWNER the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not 2.2.1 The Owner shall, at the request of the Contractor,prior sufficient to cover such amounts, the Contractor shall pay the to execution of the Agreement and promptly from time to time difference to the Owner. thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.[Note: Unless such reasonable ARTICLE 3 evidence were furnished on request prior to the execution of the Agreement, the prospective contractor would not be CONTRACTOR required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical 3.1 DEFINITION characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract 2.2.3 Except for permits and fees which are the responsibility Documents as if singular in number. The term "Contractor" of the Contractor under the Contract Documents, the Owner means the Contractor or the Contractor's authorized shall secure and pay for necessary approvals,easements,assess- representative. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2lNNK) A201-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 ment, construction systems, standards and workmanship for the Work, and performance of related services. GENERAL PROVISIONS 1.1,7 THE PROJECT MANUAL 1.1 BASIC DEFINITIONS The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample 1.1.1 THE CONTRACT DOCUMENTS forms, Conditions of the Contract and Specifications. The Contract Documents consist of the Agreement between 1.2 EXECUTION,CORRELATION AND INTENT Owner and Contractor(hereinafter the Agreement),Conditions of the Contract(General,Supplementary and other Conditions), 1.2.1 The Contract Documents shall be signed by the Owner Drawings,Specifications,addenda issued prior to execution of and Contractor as provided in the Agreement. If either the the Contract, other documents listed in the Agreement and Owner or Contractor or both do not sign all the Contract Modifications issued after execution of the Contract.A Modifi- Documents, the Architect shall identify such unsigned Docu- cation is (1) a written amendment to the Contract signed by ments upon request. both parties, (2) a Change Order, (3) a Construction Change Directive or(4)a written order for a minor change in the Work 1.2.2 Execution of the Contract by the Contractor is a repre- issued by the Architect. Unless specifically enumerated in the sentation that the Contractor has visited the site,become famil- Agreement, the Contract Documents do not include other iar with local conditions under which the Work is to be per- documents such as bidding requirements (advertisement or formed and correlated personal observations with require- invitation to bid, Instructions to Bidders, sample forms, the ments of the Contract Documents. Contractor's bid or portions of addenda relating to bidding requirements). 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the 1.1.2 THE CONTRACT Work by the Contractor.The Contract Documents are comple- The Contract Documents form the Contract for Construction. mentary, and what is required by one shall be as binding as if The Contract represents the entire and integrated agreement required by all; performance by the Contractor shall be between the parties hereto and supersedes prior negotiations, required only to the extent consistent with the Contract Docu- representations or agreements,either written or oral.The Con- ments and reasonably inferable from them as being necessary tract may be amended or modified only by a Modification.The to produce the intended results. Contract Documents shall not be construed to create a contrac tual relationship of any kind(1)between the Architect and Con- 1.2.4 Organization of the Specifications into divisions,sections tractor, (2) between the Owner and a Subcontractor or Sub- and articles,and arrangement of Drawings shall not control the subcontractor or(3)between any persons or entities other than Contractor in dividing the Work among Subcontractors or in the Owner and Contractor. The Architect shall, however, be establishing the extent of Work to be performed by any trade. entitled to performance and enforcement of obligations under 1.2.5 Unless otherwise stated in the Contract Documents, the Contract intended to facilitate performance of the words which have well-known technical or construction indus- Architect's duties. try meanings are used in the Contract Documents in accord- 1.1.3 THE WORK ance with such recognized meanings. The term "Work" means the construction and services 1.3 OWNERSHIP AND USE OF ARCHITECT'S required by the Contract Documents, whether completed or DRAWINGS,SPECIFICATIONS AND OTHER partially completed, and includes all other labor, materials, DOCUMENTS equipment and services provided or to be provided by the 1.3.1 The Drawings, Specifications and other documents Contractor to fulfill the Contractor's obligations. The Work prepared by the Architect are instruments of the Architect's may constitute the whole or a part of the Project. service through which the Work to be executed by the Con- 1.1.4 THE PROJECT tractor is described. The Contractor may retain one contract The Project is the total construction of which the Work per- record set.Neither the Contractor nor any Subcontractor,Sub- formed under the Contract Documents may be the whole or a subcontractor or material or equipment supplier shall own or part and which may include construction by the Owner or by claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise separate contractors. indicated the Architect shall be deemed the author of them and 1.1.5 THE DRAWINGS will retain all common law,statutory and other reserved rights, The Drawings are the graphic and pictorial portions of the Con- in addition to the copyright. All copies of them, except the tract Documents, wherever located and whenever issued, Contractor's record set,shall be returned or suitably accounted showing the design, location and dimensions of the Work, for to the Architect,on request,upon completion of the Work. generally including plans, elevations, sections, details, sched- The Drawings, Specifications and other documents prepared 00k, ules and diagrams. by the Architect,and copies thereof furnished to the Contrac- 1.1.6 THE SPECIFICATIONS tor,are for use solely with respect to this Project. They are net to be used by the Contractor or any Subcontractor, Sub- The Specifications are that portion of the Contract Documents subcontractor or material or equipment supplier on other proj- consisting of the written requirements for materials, equip- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION a FOURTEENTH EDITION 6 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Rules and Notices for Arbitration ... . ... .. . .. .. . . . .. . . 4.5.2 Suspension by the Owner for Convenience . . . . . . . . . .. . . 14.3 Safety of Persons and Property . . . .. .. . ... .. . . . .. . . . . . 10.2 Suspension of the Work . . . . .. . . . . . . . 4.3.7,5.4.2,14.1.1.4,14.3 Safety Precautions and Programs . . .. . . . . . . . 4.2-3,4.2.7,10.1 Suspension or Termination of the Contract . ... . . 4.3.7,5.4.1.1,14 Samples,Definition of .. . ... . . .. . .. . . . . . .. . . .. . .. . . . 3.12.3 Taxes .. . . . . . .. .. .. .. . . . .. . . . . . . . . . .. . . . . . .. 3.6,7.3.6.4 Samples,Shop Drawings,Product Data and . . . 3.11,3.12,4.2.7 Termination by the Contractor. . . . . . .. . ... . . . .. . . . .. . . 14.1 Samples at the Site,Documents and . . . . .. . . . . ... . . . . . . 3.11 Termination by the Owner for Cause. . . . . .. . . . . . . 5.4.1.1,14.2 Schedule of Values . ... . .. .. . . . . .. . .. .. . . . .. . . . . 9.2,9.3.1 Termination of the Architect . .. . . . .. . . . ... . . . . .. . . . . . . 4.1.3 Schedules,Construction . . . . . . . .. .... . . . . . . . .. . . . . . . . . 3.10 Termination of the Contractor .. . . . . .. . . . .. .. . . . .. . ... 14.2.2 Separate Contracts and Contractors . .. .. .. . . . 1.1.4,3.14.2,4.2.4, TERMINATION OR SUSPENSION OF THE CONTRACT . .. . . . 14 4.5.5,6, 11.3.7, 12.1.2, 12.2.5 Tests and Inspections .. .. . 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1,13.5 Shop Drawings,Definition of.. .. .. .. . . . . . .. . . .. .. . . .. 3.12.1 TIME .. .. .. . . . . . . . .. . . . . .. . . .. . . .. . ... . . . .. .. ... .. . . 8 Shop Drawings,Product Date and Samples .. . . 3.11,3.12,4.2.7 Time,Delays and Extensions of .. . . . . . . .. . . . . 4.3.8,7.2.1,8.3 Site,Use of... .. .. .. .. . .. . . . . . . .. . .. .. . . . 3.13,6.1.1,6.2.1 Time Limits,Specific . . . .. . . .. 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1. Site Inspections .. .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1,13.5 4.2.1, 4.2.11,4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2,9.2, 9.3.1, Site Visits,Architect's .. .. .. .. . . . . .. . .. 4.2.2,4.2.5,4.2.9,4.3.6, 9.3.3,9.4.1, 9.6.1,9.7,9.8.2,9.10.2, 11.1.3, 11.3.6, 11.3.10, 9.4.2,9.5.1,9.8.2,9.9.2,9.10.1, 13.5 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Special Inspections and Testing . . . . . .. .. .. . . . 4.2.6,12.2.1,13.5 Time Limits on Claims. . . . . . .. . 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 Specifications,Definition of the. . . . .. . . . . .. . . . . . .. .. . . 1.1.6 Title to Work . . . . . . .. . . . . . .. . . . . .. . . . .. . . .. . . . 9.3,2,9.3.3 Specifications,The . . .. .. . .. . 1.1.1,1.1.6, 1.1.7,1.2.4,1.3,3.11 UNCOVERING AND CORRECTION OF WORK . . . . .. . . .. . . . 12 Statutes of Limitations. ... .. .. ... .... . . .. . 4.5.4.2,12.2.6,13.7 Uncovering of Work . .. . . . ... . . . .. .. . . .. . . . .. .. . . .. . 12.1 Stopping the Work. . .. ... . . . . .. 2.3,4.3.7,9.7, 10.1.2,10.3,14.1 Unforeseen Conditions . . . .. . . .. .. . . . . . .. .. . 4.3.6,83.1, 10.1 Stored Materials . . . . . ... . . . 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Unit Prices. .. .. .. . . . . . . . . . .. . . . . . . . . . .. . . . . . 7.1.4,7.3.3.2 Subcontractor,Definition of. .. .. . . .. . . . . . .. . . .. . . . .. . . 5.1.1 UseofDocuments . . . . . . . . . . .. . . . . . IA.1,1.3,2.2.5,3.12.7,5.3 SUBCONTRACTORS . .. . .. .. .. .. .. .. .. . . .. . . . . . . . . .. . . 5 Use of Site . . . . .. . . . . .. . . . .. . . . . . . . . . .. .. 3.13,6.1.1,6.2.1 Subcontractors,Work by. .. . . . . . . ... .. .. . . 1.2.4,3.3.2,3.12.1, Values,Schedule of . . . .. .. .. . . . . . . . . . ... . . . . . . . 9.2,9.3.1 4.2.3, 5.3, 5.4 Waiver of Claims:Final Payment. . . . . .. .... 4.3.5,4.5.1,9.10.3 Subcontractual Relations. . .. .. .. .. ... . 5.3,5.4,9.3.1.2,9.6.2, Waiver of Claims by the Architect. . . . . . .. . .. . . . . . . .. . .. 13.4.2 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Waiver of Claims by the Contractor. .. . . . . . . 9.10.4,11.3-71, 13.4.2 Submittals . . .. . ... . 1.3,3.2-3,3.10'3.11,3.12,4.2.7,5.2.1,5.2.3, Waiver of Claims by the Owner . .. . . . . . .. .. . . 4.3.5,4.5.1,9.9.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3, 10.1.2, 11.1.3 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Subrogation,Waivers of. ...... . . ... . . . . . 6.1.1,11.3.5,11.3.7 Waiver of Liens. . .. .. .. .. . . . ... . . . . . .. . . . . . . . . . .. .. 9.10.2 Substantial Completion. . .. . . . .. ... . 4.2.9,4.3.5.2,8.1.1,8.1.3, Waivers of Subrogation. . .. . . .. . . . . . . . . . .. 6.1.1, 11-3.5,11-3.7 8.2.3,9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Warranty and Warranties.. . . . .. . . . . . . .. . . .. . . . . . . 3.5,4.2.9, Substantial Completion,Definition of.... .. .. . . . . ... . . .. . 9.8.1 4.3.5.3,9.3.3, 9.8.2,9.9.1, 12.2.2, 13.7.1.3 Substitution of Subcontractors . . . .. ... . .. . . . . . . . . . 5.2.3,5.2.4 Weather Delays . . . . . .. .. . . . .. . . . . .. . . ... . . . . . . .. . . 4.3.8.2 Substitution of the Architect. .. .. ...... . . .. .. . . ... .. . . . 4.1.3 When Arbitration May Be Demanded . . . . .... . .. . . . . . . . 4.5.4 Substitutions of Materials . . . . . . . . . . .. . . . .. .. . . ... .. . . . 3.5.1 Work,Definition of .. . . .. .. ... . . . . . . . . . .. . . . . . .. . .. . 1.1.3 Sub-subcontractor,Definition of ... . .. . .. .. . . . . .. . . . . . . 5.1.2 Written Consent . .. . . .. .. . . . .. 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, Subsurface Conditions ... .. . . . . . .. .. . .. . . . . . . ... . . .. . 4.3.6 4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3, 10.1.2, 10.1.3, Successors and Assigns . . . . . . ... ... . .. . . . . . . . . .. . . . 13.2 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Superintendent ... . . . .. .. .. ... .. .. . . . . ... ... .. 3.9, 10.2.6 Written Interpretations .. . . . . . . . . . . . . . . . .. 4.2.11,4.2.12,4.3.7 Supervision and Construction Procedures . .. ... 1.2.4,3.3,3.4, Written Notice . . .. .. . . . . . 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, 4.2.3,4.3.4,6.1.3,6.2.4, 7.1.3, 7.3.4,8.2,8.3.1, 10, 12, 14 4.5, 5.2.1, 5.3, 5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10, 10.1.2, Surety . . ... . . . . . .. . .. 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,14.2.2 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Surety,Consent of. . . ..... . .. .. . . . .. . . .. . 9.9.1,9.10.2,9.10.3 Written Orders. . .. . .... . . .. .. . . . . . . . . . .. . .. . 2.3,3.9,4.3.7, Surveys. .. . . . .. . .. . . .. . . . .. ...... . .. .. . .. ... 2.2.2,3.183 7,8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright Ism and Is subject to legal prosecution. Limitations of Liability . . .. . 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11, Owner's Right to Perform Construction and to 3.17,3.18, 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, Award Separate Contracts . .. . . . . . .. . . . . . . . . .. . . .. . 6.1 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Owner's Right to Stop the Worst.. ... .. . . . .. .. .. .. . 2.3,4.3.7 Limitations of Time,General .. .. ... . .. . 2.2.1,2.2.4,3.2.1,3.7.3, Owner's Right to Suspend the Work . .. .. . . . .. .. .. .. .. . .. 14.3 3.8.2, 3.10, l .. . , 3.15.1,. . .. . 2.1,4.2.7,4.2.11,.2. 4.3.2, Owner's Right to Terminate the Contract . . .. . . . .. .. .. . . .. 14.2 4.3.3,4.3.4,4.3.6,4.3.9, .5, .2, 5.2.1, 5.2.3,6.2.4, 7.3.4, 7.2, Ownership and Use of Architect's Drawings,Specifications 8.2,9.5,9.6.2,9.3 9.9,9. .2 1.2.1, 11.3.1, 11.3.2, 11.3.5, and Other Documents. .. . . .. . .. .. .. . . 1.1.1,1.3,2.2.5,5.3 Partial Occupancy or Use . . .. .. . . .. .. .. . .. 9.6.6,9.9, 11.3.11 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7 Patching,Cutting and . .. .. .. . .. . . . . . . . .. .. . .. . . 3.14,6.2.6 Limitations of Time,Specific .. . .. . . .. 2.1.2,2.2.1,2.4,3.10,3.11, Patents,Royalties and . . . . .. ... . .. . . ... .... .. . .. .. . . 3.17 3.15.1,4.2.1,4.2.11,4.3,4.4,4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, Payment,Applications for . ... .. . . . . .. .. .. 4.2-5,9.2,9.3,9.4, 9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, 11.1.3, 11.3.6, 9.5.1,9.8.3,9.10.1, 9.10.3,9.10.4, 14.2.4 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 payment,Certificates for. . . . .. . . .. . 4.2.5,4.2.9,9.3-3,9.4,9.5, Loss of Use Insurance. .. .. ... .. . . .. .. ... .. ... . .. 11.3.3 9.6.1,9.6.6,9.7.1,9.8.3,9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4 Material Suppliers .. . . . .... .. . . . 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, Payment,Failure of. . . . . .. . . . .. . .. .. . . . ... .. . 4.3.7,9.5.1.3, 9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Materials,Hazardous ....... ... .. .. . .. .. . .. .. .. . 10.1,10.2.4 Payment,Final . . .. .. .. .. .. 4.2.1,4.2.9,4.3.2,4.3.5,9.10,11.1.2, Materials,Labor,Equipment and .. . .. 1.1.3,1.1.6,3.4,3.5.1,3.8.2, 11.1.3, 11.3.5, 12.3.1 3.12.2,3.12.3, 3.12.7, 3.12.11,3.13, 3.15.1,4.2.7,6.2.1, Payment Bond,Performance Bond and . . .. .. . . . . . . . . 7.3.6.4, 7.3.6,9.3.2,9.3.3, 12.2.4, 14 9.10.3, 11-3.9,11.4 Means, Methods,Techniques,Sequences and Payments,Progress ... . . . . . . .. .. . 4.3-4,9.3,9.6, Procedures of Construction. .. .. . .... 3.3.1,4.2.3,4.2.7,9.4.2 9.8.3,9.10.3, 13.6, 14.2.3 Minor Changes in the Work. . . .. . . . .. 1.1.1,4.2.8,4.3.7,7.1,7.4 PAYMENTS AND COMPLETION ... . . . . . . . . . . . . . . . . . . . 9, 14 MISCELLANEOUS PROVISIONS .. .. . . . .. .. .. .. .. ... .. .. 13 Payments to Subcontractors . . . . . . . . . . . . . . ... . .. 5.4.2,9.5.1.3, Modifications,Definition of.. . . .. . . . . . .. ... . . . . .. .. .. . 1.1.1 9,6.2,9.6.3,9.6.4, 11.3.8, 14.2.1.2 Modifications to the Contract . .. . . . . . .. . 1.1.1,1.1.2,3.7.3,3.11, PCB.. .. .. .. .. . . .. .. .. .. .. . .. . . . . . .. .. .. . . ... .. . .. 10.1 4.1.2,4.2:1, 5.2:3,7,8.3.1,9.7 Performance Bond and Payment Bond. . . . . . . .. . . . . .. .. 7.3.6.4, Mutual Responsibility .. . .. .. .. .. . . .. . . ... . . . . .... .. .. 6.2 9.10.3, 11.3.9, 11.4 Nonconforming Work,Acceptance of .. .. .. . . . .. .. .. .. . 12.3 Permits,Fees and Notices . . ... .. 2.2.3,3.7,3.13,7.3.6.4,10.2.2 Nonconforming Work,Rejection and Correction of ...... .. 2.3.1, PERSONS AND PROPERTY,PROTECTION OF . . .. .. . . . . . . 10 4.3.5,9.5.2,9.8.2, 12, 13.7.1.3 Polychlorinated Biphenyl ... .. . .. . . . .. . . .. .. . . . . . . . .. . 10.1 Notice. . . . . . . . .. . . . 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, Product Data,Definition of... .. . .. . . . . .. . . . .. . . . .. .. . 3.12.2 3.12.9, 3.17,4.3,4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2,9.4.1, Product Data and Samples,Shop Drawings . . . . 3.11,3.12,4.2.7 9.5.1,9.6.1,9.7,9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, Progress and Completion . . . . ... . .. .. .. . . .. . 4.2.2,4.3.4,8.2 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Progress Payments . .. . . .. . . . .. . . .. . . . .. .. . . . . . 4.3.4,9.3, Notice,Written . . . . . . . .. . . .. .. 2.3,2.4,3.9,3.12.8,3.12.9,4.3, 9.6, 9.8.3,9.10.3, 13.6, 14.2.3 4.4.4,4.5, 5.2.1, 5.3, 5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10, Project,Definition of the. .. .. . . .. . .. . . . .. . .. . . . . . . . . . 1.1.4 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4,13.3, 13.5.2, 14 Project Manual,Definition of the .. .. . . . . . . . .. . . . . . . . . . 1.1.7 Notice of Testing and Inspections.. ...... .. .. .. . . 13.5.1,13.5.2 Project Manuals . .. .. .. . . . . . . ... . . . .. .. .. .. . . . .. .. . . 2.2.5 Notice to Proceed. . . .. .. ... . . .. . . .. .. . . . . .. .. .. . . .. . 8.2.2 Project Representatives . . . .. . . . .. . . . . . . .. ... . . .. .. .. 4.2.10 Notices,Permits,Fees and . . . . . . 2.2.3,3.7,3.13,7.3.6.4,10.2.2' Property Insurance .. . . . . .. .. . . .. . . . . .. . ... . . . 10.2.5,11.3 Observations,Architect's On-Site .. . . . ... .. ... .. .. 4.2.2,4.2.5, PROTECTION OF PERSONS AND PROPERTY.. . . . .. . . . . .. 10 4.3.6,9.4.2,9.5.1,9.10.1, 13.5 Regulations and Laws . . .. . . . . . . . . 1.3,3.6,3.7,3.13,4.1.1,4.5.5, Observations,Contractor's... . . . . . .. .. . . .. . . . .. .. 1.2.2,3.2.2 4.5.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Occupancy. .. . . . . . . . ..... . . . .. . . . . . 9.6-6,9.8.1,9.9,11.3-11 Rejection of Work .... .. . . . . .. .. .. .. .. .. . .. 3.5.1,4.2.6,12.2 On-Site Inspections by the Architect . . . .. . . ... 4.2.2,4.2.9,4.3.6, Releases of Waivers and Liens. .. . .. .. .. . . . .. .. .. . . .. . . 9.10.2 9.4.2,9.8.2,9.9.2,9.10.1 Representations . . .... . . . . . . .. .. .. .. . . . . . 1.2.2,3.5.1,3.12.7, On-Site Observations by the Architect . ... . .. . . 4.2.2,4.2.5,4.3.6, 6.22,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.10.1 9.4.2,9.5.1,9.10.1, 13.5 Representatives. . . . .. .. . . . . .. ... . .. .. . . .. .. 2.1.1,3.1.1,3.9, Orders,Written 2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1, 4.1.1,4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 12.2, 13.5.2, 14.3.1 Resolution of Claims and Disputes . . .. .. . . .... .. .. .. 4.4,4.5 Responsibility for Those Performing the Work . . . . . . . . . . . . 3.3.2, OWNER. . ... . .. . . . .. . .. . . . ... . . . . . . .. .. .. . .. .. .. . .. . 2 Owner,Definition of . . . . . . .. .. . . . . .. .. . .. . . . . ... .. .. 4.2.3,6.1.3,6.2, to 2.1 Retainage . .. .. .. .. .. .. . . 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Owner,Information and Services Required of the. . ... .. . 2.1.2, Review of Contract Documents and Field 2.2,4.3.4,6,9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Conditions by Contractor. . . .... . .. . . 1.2.2,3.2,3.7-3,3.12.7 Owner's Authority .. . . .. .. . 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, Review of Contractor's Submittals by 7.3.1,8.2.2,9.3.1,9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 Owner and Architect . . . .. . . ... . . . 3.10.1,3.10.2,3.11,3.12, Owner's Financial Capability ... .. . .. ... . . ... . . . 2.2.1,14.1.1.5 4.2.7,4.2.9, 5.2.1, 5.2.3,9.2,9.8.2 Owner's Liability Insurance .. . .. . . . .. .. . . . .. ...... . .. 11.2 Review of Shop Drawings, Product Data Owner's Loss of Use Insurance. . .. . .. . . . . . . . .. . . ... .. . 11.3.3 and Samples by Contractor. . ... . . . . . . . . ... . . . . . . . . 3.12.5 Owner's Relationship with Subcontractors . . .. .. ..... ... . 1.1.2, Rights and Remedies . . . . .. .. . ... . 1.1.2,2.3,2.4,3.5.1,3.15.2, 5.2.1, 5.4.1,9.6.4 4.2.6,4.3.6, 4.5, 5.3,6.1,6.3, 7.3.1,8.3.1,9.5.1,9.7, 10.2.5, Owner's Right to Carry Out the Work.. ... . .. 2.4,12.2.4,14.2.2.2 10.3, 12.2.2, 12.2.4,13.4, 14 Owner's Right to Clean Up . . ... . . . . .. . .. . . . .. . ... ... . . 6.3 Royalties and Patents. .. .. . . . . .. . . . . . .. .. .. .. . . . . .. . 3.17 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 4 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. CONTRACTOR ... .. ... . .. .. .. . .. . . .. . . .. ... .. . . .. . . .. 3 Emergencies . .. . . . . . . . . .... . . . . . . . . .. . . .. . . . . 4.3.7,10.3 Contractor,Definition of . . . . . .. ..... . . .. . . . .. .. . . 3.1,6.1.2 Employees,Contractor's . . .. .. . . . . 3.3.2,3.4.2,3.8.1,3.9,3.18.1, Contractor's Bid. . . .. .. . . . . .. .. . .. . . .. . . . .... ... .. . . 1.1.1 3.18.2,4.2.3,4.2.6,8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Construction Schedules . . . . . . .. .. .. . 3.10,6.1.3 Equipment,Labor,Materials and . . .. . . . . . . 1.1.3,1.1.6,3.4,3.5.1, Contractor's Employees . .. . . .. 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, 3.8.2,3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1,4.2.7, 4.2.6,8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 6.2.1,7.3.6,9.3.2,9.3.3, 11.3, 12.2.4, 14 Contractor's Liability Insurance. .... .. ... ...... .. .. .. . 11.1 Execution and Progress of the Work . . . . . . . 1.1.3,1.2.3,3.2,3.4.1, Contractor's Relationship with Separate Contractors 3.5.1, 4.2.2, 4.2.3,4.3.4,4.3.8,6.2.2, 7.1.3, and Owner's Forces . . . . .. 2.2.6,3.12.5,3.14.2,4.2.4,6,12.2.5 7.3.9,8.2, 8.3,9.5,9.9.1, 10.2, 14.2, 14.3 Contractor's Relationship with Subcontractors .. . .. .. 1.2.4,3.3.2, Execution,Correlation and Intent of the 3.18.1, 3.18.2, 5.2, 5.3, 5.4,9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contract Documents . . . .... .. . . . . .. .. . .. .. . . .. 1.2,3.7.1 Contractor's Relationship with the Architect . . . . 1.1.2,3.2.1,3.2.2, Extensions of Time . .. . . .. .. .. . 4.3.1,4.3.8,7.2.1.3,8.3,10.3.1 3.3.3,3.5.1, 3.7.3, 3.11,3.12.8 3.16,3.18, 4.2.3, 4.2.4,4.2.6, Failure of Payment by Contractor.. .. . . . . . .. . . . 9.5.1.3,14.2.1.2 4.2.12, 5.2,6.2.2,7.3.4,9.8.2, 11.3.7, 12.1, 13.5 Failure of Payment by Owner . 4.3.7,9.7,14.1.3 Contractor's Representations. . 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Faulty Work(See Defective or Nonconforming Work) Contractor's Responsibility for Those Final Completion and Final Payment .. . . .. . . 4.2.1,4.2.9,4.3.2, Performing the Work .. .. . . . .... . . .. .. 3.3.2,3.18,4.2.3,10 4.3.5,9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Contractor's Review of Contract Documents. .. .. . 1.2.2,3.2,3.7.3 Financial Arrangements,Owner's. . . . . . . . . .. . . . . .. . . . ... 2.2.1 Contractor's Right to Stop the Work . .. .. . ..... .. .. .. .. .. . 9.7 Fire and Extended Coverage Insurance . . .. .. .. .. . . . . . .. . . 11.3 Contractor's Right to Terminate the Contract .. .. .. . .. . . . . . 14.1 Contractor's Submittals .. . . .. . 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, GENERAL PROVISIONS. . .. .. .. .. .. . . ... . . . . . . . . . .. . . .. 1 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2, Governing Law ... ... . . . . . .. .. . . .. . .. .. .. . . . . . . .. . . 13.1 9.10.3, 10.1.2, 11.4.2, 11.4.3 Guarantees(See Warranty and Warranties) Contractor's Superintendent . . .. .. .. . . . . . . .. ... . . . 3.9,10.2.6 Hazardous Materials. .. . . . . . .. . . ... .. . . .. . .. . . . . 10.1,10.2.4 Contractor's Supervision and Construction Procedures. . . . . . 1.2.4, Identification of Contract Documents . . .. ... . . . . .. .. . .. . 1.2.1 3.3, 3.4,4.2.3,8.2.2,8.2.3, 10 Identification of Subcontractors and Suppliers. . . . . . .. . . .. . 5.2.1 Contractual Liability Insurance.. .. .. .. .. .... .. . 11.1.1.7,11.2.1 Indemnification.... .. . 3.17,3.18,9.10.2,10.1.4,11.3.1.2,11.3.7 Coordination and Correlation . . .. ... ... . . .. . 1.2.2,1.2.4,3.3.1, Information and Services Required of the Owner. . . .. 2.1.2,2.2, 3.10,3.12.7,6.1.3,6.2.1 4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4,9.8.3,9.9.2, Copies Furnished of Drawings and Specifications .. . 1.3,2.2.5,3.11 9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 Correction of Work . ... . . . .. .. .. .. .. .. .. 2.3,2.4,4.2.1,9.8.2, Injury or Damage to Person or Property . . .. .. . . . . . . . .. . 4.3.9 9.9.1, 12.1.2, 12.2, 13.7.1.3 Inspections.. ... . .. .. .. .. . .. .. .. . . .. 3.3.3,3.3.4,3.7.1,4.2.2, Cost,Definition of . . . .. . .. .. .... .. .. . . ... .. ... 7.3.6,14-3.5 4.2.6,4.2.9, 4.3.6,9.4.2,9.8.2,9.9.2,9.10.1, 13.5 Costs . . . . 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3, Instructions to Bidders. . .. . . .. .. .... . . .... . . . . . . . .... 1.1.1 6.1.1,6.2.3,6.3,7.3.3.3,7.3.6,7.3.7,9.7,9.8.2,9.10.2,11.3.1.2, Instructions to the Contractor. .. . 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2 11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 Insurance. . .. .. . 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11 Cutting and Patching... .. .. ... . ..... . . .. .. . .. .. 3.14,6.2.6 Insurance,Boilerand Machinery .. . . . . . .. . . . . . .. . . .. 11.3.2 Damage to Construction of Owner or Separate Contractors 3.14.2, Insurance,Contractor's Liability . .. . . . . . .. . .. .. . . . . . . . 11.1 6.2.4,9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Insurance,Effective Date of . .... . . . . . . .. .. . .. .. . 8.2.2,11.1.2 Damage to the Work . . .. . 3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3 Insurance,Loss of Use. . .. ... . . . . . .. . .... . . . .. .. . .. 11.3.3 Damages,Claims for. . 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Insurance,Owner's Liability. ... .. . . .. . .... . . . . . . . .... 11.2 Damages for Delay. . . ...... ... .. . .... . 6.1.1,8.3.3,9.5.1.6,9.7 Insurance,Property. .. .. . . .... .. .. . . . . .. . . . . .. 10.2.5,11.3 Date of Commencement of the Work,Definition of... ... .. . 8.1.2 Insurance,Stored Materials . . . ... .. .. . . . .. .. . . . 9.3.2,11.3-1.4 Date of Substantial Completion,Definition of. .. ..... .. ... . 8.1.3 INSURANCE AND BONDS . ..... . . . . . .. .. ... .. . .. .... . . 11 Day,Definition of. .. .... .... .. . .. .. .. . . . .. .. • 8.1.4 Insurance Companies,Consent to Partial Occupancy . .9.9.1,1 1.3.11 Decisions of the Architect. . . .. . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Insurance Companies,Settlement with.. .. . .. .. . . . .. .. . 11.3.10 4.3.2,4.3.6, 4.4.1, 4.4.4,4.5,6.3,7.3.6, 7.3.8,8.1.3,8.3.1,9.2, Intent of the Contract Documents . . . . .. . . . .. . . . . . 1.2.3,3.12.4, 9.4,9.5.1,9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 4.2.6, 4.2.7, 4.2.12,4.2.13, 7.4 Decisions to Withhold Certification .. .. . . . . . . 9.5,9.7,14.1-1.3 Interest. .. . .. .. .. .. .. . 13.6 Defective or Nonconforming Work,Acceptance, . .. .. . . . . .. . • • •• • • . . . .. . . • Rejection and Correction of ... .. ... .. .. 2.3,2.4,3.5.1,4.2.1, Interpretation. .. . . .. . 1.2.5,1.4,1.5,4.1.1,4.3.1,5.1,6.1.2,8.1.4 4.2.6,4.3.5,9.5.2,9.8.2,9.9.1, 10.2.5, 12, 13.7.1.3 Interpretations,Written . . . . .... .. . . . . . . .. 4.2.11,4.2.12,4.3.7 Defective Work,Definition of . . . . . . .. . . .. . .. . . . .. . . . .. 3.5.1 joinder and Consolidation of Claims Required . . . . .. . . . .... 4.5.6 Definitions.. . . . . 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, Judgment on Final Award . . ... . . . . . . . . . .. 4.5.1,4.5.4.1,4.5.7 4.3.1, 5.1,6.1.2,7.2.1, 7.3.1, 7.3.6,8.1,9.1,9.8.1 Labor and Materials,Equipment . .. . 1.1.3,1.1.6,3.4,3.5.1,3.8.2, Delays and Extensions of Time . . . . ... . .. 4.3.1,4.3.8.1,4.3.8.2, 3.12.2, 3.12.3, 3.12.7,3.12.11, 3.13, 3.15.1, 6.1.1,6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 4.2.7,6.2.1,7.3.6,9.3.2,9.3.3, 12.2.4, 14 7.3.9,8.1.1,8.3, 10.3.1, 14.1.1.4 Labor Disputes. ... . . . . . .. .. .. .. .. . . . .. .. . . . . .. . . . . . 8.3.1 Disputes . ..... . . .. .. 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Laws and Regulations . .. .. .. 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7, Documents and Samples at the Site .... .. .. .. . .. ..... . .. . 3.11 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Drawings,Definition of .. .. . . . . .. .... ... . . . . . .. .. . . . . 1.1.5 Liens.. .... . . . . .. .. . . . . 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 Drawings and Specifications,Use and Ownership of. . . .. 1.1.1,1.3, Limitation on Consolidation or Joinder . . . ... . . ... . . . .. 4.5.5 2.2.5, 3.11, 5.3 Limitations,Statutes of . . . . .. .. .. .. . . . . . ...4.5.4.2,12.2.6,13.7 Duty to Review Contract Documents and Field Conditions... .. 3.2 Limitations of Authority. . .. . .... .. . . .. . . .. . 3.3.1,4.1.2,4.2.1, Effective Date of Insurance .. .. . .. . ... ..... .. .... 8.2.2,11.1.2 4.2.3,4.2.7,4.2.10, 5.2.2, 5.2.4,7.4, 11-3.10 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. INDEX Acceptance of Nonconforming Work .. . . . . . . . 9.6-6,9.9.3,12.3 Building Permit . . .. . . . . . .. . . .. . . . . . . . . . .. . .. . . . . . . . 3.7.1 Acceptance of Work . .. .. . . . . . . 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Capitalization. . . . .. . . . . . . . . . .. . . . . . . . . . . . . . .. .. .. .. . 1.4 Access to Work. . . .. .. . . .. . . . . . . . .. . . . .. . . 3.16,6.2.1,12.1 Certificate of Substantial Completion . . . . . . . . .. . . . . .. .. .. 9.8.2 Accident Prevention.. . . .. .. .. . . .. . .. . . .. . .. . . .. . . 4.2-3,10 Certificates for Payment. . . . . .. 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, Acts and Omissions . .. 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 9.6.6,9.7.1,9.8.3,9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Certificates of Inspection,Testing or Approval .. .. . 3.12.11,13.5.4 Addenda . . .. . . . . . . . .. .. . . . . . . . . .... . .. . . . . .. . 1.1.1,3.11 Certificates of Insurance .. . . .. . .. .. . . . . . .. 9.3.2,9.10.2,11.1.3 Additional Cost,Claims for. . . . .. . . . 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Change Orders. .. .. . 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, Additional Inspections and Testing. . . . .. . 4.2.6,9.8.2,12.2.1,13.5 7.1,7.2, 7.3.2,8.3.1,9.3.1.1,9.10.3, 11.3.1.2, Additional Time,Claims for. . . . . . . . . . .. . 4.3.6,4.3.8,4.3.9,8.3.2 11.3.4, 11.3.9, 12.1.2 ADMINISTRATION OF THE CONTRACT . . . . . . . 3.3-3,4,9.4,9.5 Change Orders,Definition of. . . .. . . . .. . . . . .. . . . . . . . . .. 7.2.1 Advertisement or Invitation to Bid . .. . .. . . . .. . . . ... . . .. . 1.1.1 Changes. . . . . . .. .. . . . . .. . . . . . .. . . . . . . . .. . . .. .. .. .. . 7.1 Aesthetic Effect. .. . . . . . ... . . . . . . . . .. . .. .. .. .. . 4.2.13,4.5.1 CHANGES IN THE WORK . . .. 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3 Allowances . . . . .. . . .. .. .. . . . . . . . .. .. .. . . . . . . . . .. . .. 3.8 Claim,Definition of.. . . .. . . . . . .. . . . . .. . . .. . . . . . . . .. . 4.3.1 All-risk Insurance. . . . . . . .. . . .. .. .. .. . . .. . . . . . .. . .. 11.3.1.1 Claims and Disputes . . . . . . . . . ... . . . . 4.3,4.4,4.5,6.2.5,8.3.2, Applications for Payment .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, 9.3.1.2,9.3.3,9.10.4, 10.1.4 9.8.3, 9.10.1,9.10.3,9.10.4, 11.1.3, 14.2.4 Claims and Timely Assertion of Claims . . . . .. . . .. . . . . . . 4.5.6 Approvals . .. . 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8,3.18.3, Claims for Additional Cost. . . .... . 4.3.6,4.3.7,4.3.9,6.1.1,10.3 4.2.7,9.3.2, 11.3.1.4, 13.4.2, 13.5 Claims for Additional Time. . . . .. . . . . . . 4.3.6,4.3.8,4.3.9,8.3.2 Arbitration ... . . . . . . . . .. . . . . .. .. 4.1.4,4.3.2,4.3.4,4.4.4,4.5, Claims for Concealed or Unknown Conditions. . . . . . . . . . . 4.3.6 8.3.1, 10.1.2, 11.3.9, 11-3.10 Claims for Damages.. .3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Architect . .. . . . . .. . . . .. . . . .. . . . . ... .. . . .. . . . . .. . .. . 4.1 Claims Subject to Arbitration. . . . .. . . . .. . . . . .. 4.3.2,4.4.4,4.5.1 Architect,Definition of. . . . . . .. . . . . . .. .. .. . . .. .... .. . . 4.1.1 Cleaning Up . .. .. .. . . . . . . . .. .. . . . . . . . ... . . .. . . . 3.15,6.3 Architect,Extent of Authority.. .. . . . . 2.4,3.12.6,4.2,4.3.2,4.3.6, Commencement of Statutory Limitation Period . . . . . . .. .. 13.7 4.4, 5.2,6.3, 7.1.2,7.2.1, 7.3.6, 7.4,9.2,9.3.1, Commencement of the Work,Conditions Relating to . . . .. .. 2.1.2, 9.4, 9.5, 9.6.3,9.8.2,9.8.3,9.10.1,9.10.3, 12.1, 12.2.1, 2.2.1, 3.2.1, 3.2.2,3.7.1,3.10.1,3.12.6,4.3.7, 5.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 6.2.2,8.1.2,8.2.2,9.2, 11.1.3, 11.3.6, 11.4.1 Architect,Limitations of Authority and Responsibility. 3.3.3,3.12.8, Commencement of the Work,Definition of.. ... . . .. . . .. .. 8.1.2 3.12.11,4.1.2, 4.2.1, 4.2.2,4.2.3,4.2.6, 4.2.7,4.2.10,4.2.12, Communications Facilitating Contract 4.2.13, 4.3.2, 5.2.1,7.4,9.4.2,9.6.4,9.6.6 Administration .. .. . . .. . . .... . . . . . . . . .. 3.9.1,4.2.4,5.2.1 Architect's Additional Services and Expenses . . . . . .... . 2.4,9.8.2, Completion,Conditions Relating to . .. . . .. 3.11,3.15,4.2.2,4.2.9, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 4.3.2,9.4.2,9.8,9.9.1,9.10, 11.3.5, 12.2.2, 13.7.1 Architect's Administration of the Contract. . . . . . . .. . 4.2,4.3.6, COMPLETION,PAYMENTS AND. .. . . .. . . . .. . . . . .. .. ... . . 9 4.3.7, 4.4,9.4,9.5 Completion,Substantial. . . . . ... . 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 9.8,9.9.1, 12.2.2, 13.7 Architect's Authority to Reject Work . .. . 3.5.1,4.2.6,12.1.2,12.2.1 Compliance with Laws. . . . . . 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1, Architect's Copyright . . . . . . . . .. . . . . .. . . . .. . . . . .. . .. .. . 1.3 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Architect's Decisions. . . . . . . . . . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Concealed or Unknown Conditions. . .. . . . . . .. . . . . . .. . . . 4.3.6 4.3.2, 4.3.6,4.4.1,4.4.4,4.5,6.3, 7.3.6, 7.3.8,8.1.3,8.3.1, Conditions of the Contract . . . . . .. . . . . . . . . . .. 1.1.1,1.1.7,6.1.1 9.2,9.4,9.5.1,9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Consent,Written . ... .. . . . . . . .. . . . . 1.3.1,3.12.8,3.14.2,4.1.2, Architect's Inspections . . . . . . . . .. . 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 4.3.4,4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2, 10.1.3, 9.9.2,9.10.1, 13.5 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Architect's Instructions. . 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13-5.2 CONSTRUCTION BY OWNER OR BY SEPARATE Architect's Interpretations.. . . . .. . . . ... . .. . 4.2.11,4.2.12,4.3.7 CONTRACTORS . . . . . . . . . . . . . . . . . . . .... . . . . . .. 1.1.4,6 Architect's On-Site Observations .. . . . . . . 4.2.2,4.2.5,4.3.6,9.4.2, Construction Change Directive,Definition of. .. .. . .. . . .. . . 7.3.1 9.5.1,9.10.1, 13.5 Construction Change Directives .. .. 1.1.1,4.2.8,7.1,7.3,9.3.1 A Architect's Project Representative . . . . . . . .. . . . .. . .. .. . . 4.2.10 Construction Schedules,Contractor's .. . . . .. . .. . . .. . 3.10,6.1.3 Architect's Relationship with Contractor .. . . . .. 1.1.2,3.2.1,3.2.2, Contingent Assignment Of Subcontracts . . . .. . . . . . . . . . .. 5.4 3.3.3.3.5.1, 3.7.3, 3.11,3.12.8,3.12.11, 3.16, 3.18;4.2.3,4.2.4, Continuing Contract Performance . . . . . . . . . . . . . . . . .. . . 4.3.4 4.2.6, 4.2.12, 5.2,6.2.2,7.3.4,9.8.2, 11.3.7, 12.1, 13.5 Contract,Definition of. . . . . .. .. .. . . . . . . . . . . . . . . . . . . . . 1.1.2 Architect's Relationship with Subcontractors. . .. 1.1.2,4.2.3,4.2.4, CONTRACT,TERMINATION OR 4.2.6,9.6.3,9.6.4, 11.3.7 SUSPENSION OF THE . .. . . .. . . . . . . . . . .. 4.3.7,5.4.1.1,14 Architect's Representations. . . . . .. . . . .. . . . . . 9.4.2,9.5.1,9.10.1 Contract Administration . . . . . . . .. . . . . . . . . . .. . 3.3.3,4,9.4,9.5 Architect's Site Visits. . . . . . . . 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Contract Award and Execution,Conditions Relating to. . . . . . 3.7.1, 9.8.2,9.9.2,9.10.1, 13.5 3.10, 5.2,9.2, 11.1.3, 11.3.6, 11.4.1 Asbestos . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . 10.1 Contract Documents,The . . . . . .. . . .. . . . . . . . . . . . . 1.1,1.2,7 Attorneys'Fees . . . . . . . . . .. . . . . . . . . .. . .. 3.18.1,9.10.2,10.1.4 Contract Documents,Copies Furnished and Use of. . . 1.3,2.2.5,5.3 Award of Separate Contracts. .. . . . . . . . .. . . . . . .. . . . . . .. . 6.1.1 Contract Documents,Definition of . . . . . . . . . . . . . . . . . . . .. 1.1.1 Award Of Subcontracts and Other Contracts for Contract Performance During Arbitration. . . . . .. . . . . . 4.3.4,4.5.3 Portions of the Work . .. . .. . . . . . .. . . . . . . . . . .. . . . .. . 5.2 Contract Sum. . . . .... . .. . . . . .. . . 3.8,4.3.6,4.3.7,4.4.4,5.2.3, ;OW Basic Definitions. . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . .. . . . 1.1 6.1.3, 7.2, 7.3,9.1,9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Bidding Requirements. . . . . .. . . . . . . . .. 1.1.1,1.1.7,5.2.1,11.4.1 Contract Sum,Definition of. . . . . . . . . . . . . . . .. . . . . . . . . . .. 9.1 Boiler and Machinery Insurance . . . .. .. . .. . . . .. . .. . . . 11.3.2 Contract Time . . . . .. . . . . .. . . . . . 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, Bonds,Lien .. . . . . . . . . . .. . . . . . .. . . .. . . . . . . . . . . . . .. 9.10.2 8.2.1, 8.3.1,9.7, 12.1.1 Bonds,Performance and Payment. . . . . 7.3.6.4,9.10.3,11.3.9,11.4 Contract Time,Definition of . . . . .. . . . . . . . . . .. . . . . . . . 8.1.1 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 2 A201-1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH ANA TTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES I. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911,1915, 1918,1925, 1937, 1951,1958, 1961,1963,1966,1967,1970,1976,©1987 by The American Institute of Architects, 1735 New York Avenue,N.W.,Washington,D.C.,20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. 1 1 CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA* •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201.1987 1 WARNING:Unliceneed photocopying violates U.S.copyright laws and is subject to legal prosecution. MINEEMENOW CD EARLY SITE WORK - 2980 TABLE OF CONTENTS SPECIFICATIONS CONTRACT REQUIRMENTS 00700 - General Conditions of the Contract for Construction (AIA Document A201, 1987 Edition) 00800 - Supplementay Conditions DIVISION 1 - GENERAL REQUIRMENTS Refer to Invitation to Bid DIVISION 2 - SITEWORK 02100 - Site Prepartation 02110 - Tree and Plant Protection 02210 - Earthwork 02510 - Asphaltic Concrete Paving and Curbs 02512 - Concrete Paving 02525 - Granite Curbs 02600 - Storm Drainage 02843 - Timber Guide Rail 02920 - Topsoil 02935 - Seeded Lawns 02950 - Topsoil Mixtures and Planting LIST OF DRAWINGS SITE PLANS L0.01 Existing Conditions / Site Survey 8/14/95 L1.01 Site Layout and Planting Plan 8/14/95 L1.02 Site Grading Plan 8/14/95 L2 . 01 Site Details 8/14/95 L2 .02 Site Details 8/14/95 SITE UTILITIES C-1. 01 Existing Conditions / Site Survey 8/11/95 C-2 . 01 Site Layout and Planting Plan 8/11/95 C-2. 02 Site Grading Plan 8/11/95 SU-1 . 01 Site Utility Plan 8/12/95 8/14/95 1 CONSTRUCTION DOCUMENT SUBMISSION for COOLEY DICKINSON HOSPITAL - PROJECT 2000 EARLY SITE PACKAGE in NORTHAMPTON, MA August 14, 1995 SHEPLEY BULFINCH RICHARDSON AND ABBOTT ARCHITECT INCORPORATED 40 Broad Street Boston, Massachusetts ROLLAND/TOWERS LANDSCAPE ARCHITECT 85 WILLOW STREET NEW HAVEN, CT BVH ENGINEERS MEP ENGINEER 50 GRIFFEN ROAD SOUTH BLOOMFIELD, CT THE JOINT VENTURE CONSTRUCTION MANAGER P.O. BOX 656, TEXAS ROAD NORTHAMPTON, MA