ADDENDUM NO. 03, JULY 17, 2020 - fowlerhammer.com · Addendum No. 03: 2019 Elementary School Bid Package 1 Page: 4 July 17, 2020 3-10. Refer to Section 01 13 00 – Trade Package

ADDENDUM NO. 03, JULY 17, 2020 RE: 2019 Elementary School Bid Package 1

LHB Project No.: 190941

TO: All Plan Holders

FROM: LHB Minneapolis Office

This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents dated June 30, 2020, Addendum 01 dated July 10, 2020, and Addendum 02 dated July 14, 2020. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject the Bidder to disqualification. This Addendum consists of Four (4) pages and the following attachment (s):

• Section 00 0110

• Section 00 6130 Sample AIA-A132

• Section 00 7200 AIA-A232

• Section 00 7300

• Section 01 1100 Project Schedule

• Section 03 4500

• Section 05 5000

• Section 07 1400

• Section 08 4313

• G501

• G504

• A201c

• A511

• A601

QUESTIONS AND ANSWERS The Following Question have been answered by the CM, Knutson Construction: Q1: Trade package 31A Earthwork contractor is suppose to grade to +/-.05 feet. Package 32 C "shall provide

finish grading and compaction including additional material as required to reach final elevation". Sod and seed written specification are asking for an "average of 2" of topsoil to raise grades to final elevations" What would we be required to compact and would we be required to provide additional topsoil. Also, will final elevations be staked or will we be required to survey/GPS.

A1: Trade Package 31A will bring the grade to within .10 feet of final grade. It is the responsibility of Trade Package 32C to bring in the remaining topsoil to final grade. A benchmark elevation will be provided to the Contractor for use in final grading.

Q2: What is the required time frame for maintenance. Specification say 3 months after substantial completion. Bid package says 2 weeks watering but then says grass cutting and maintenance per specifications. Plan says something else. If we are using substantial completion -if we mobilize for a smaller portion of project will we be maintaining the entire time up to the substantial completion date and then 3 months more?

A2: Refer to this addendum for clarification.

Q3: We assume all metal flashing required is by the roofing and or finishing scope, can you confirm? A3: The flashing for the Glulam Beams will be by another Trade Package in a Future Bid Package. This Trade Package

will be required to coordinate sizes for flashing material.

Addendum No. 03: 2019 Elementary School Bid Package 1 Page: 2 July 17, 2020

Q4: We will be bidding Trade Package 8B. Please confirm that final cleaning will be performed by others. A4: This Trade Package is responsible for a cleaning of the windows inside and outside requiring Construction Manager

sign off.

Q5: Who is to be responsible for the interior finished caulk bead between the curtainwall and the finish ceiling? A5: This will be part of Bid Package #02.

Q6: Access roads and temp drive. Can you clarify section of temp road you are requiring? A6: Parking lot will be used as the access road. Provide section shown in the drawings.

Q7: Do you want aggregate at the contractor parking and staging/laydown in non-permanent areas? A7: Additional aggregate areas will be directed by the Construction Manager utilizing the unit cost.

Q8: Will the Owner pay for the testing/observation for the City Owner water main contract work? A8: Construction Manager will be responsible.

Q9: Please provide clarification for unit price #01. A9: The intended Trade Package to bid this is 32B. The answer that was given in Addendum #01 was an example.

QUESTIONS AND ANSWERS The Following Question have been answered by LHB: Q10: I was going through the specs and noticed in Spec Section 055000 Para 2.05 Strut Framing. We have had

problems with Unistrut in the past about them having to supply Unistrut on projects. They have told us that they would not take any responsibility for their product unless it was supplied and installed by a certified Unistrut installer. Because of this we would not be able to include the Unistrut in our scope. Would you please remove this from 5A work scope.

A10: Refer to changes in this Addendum. This paragraph has been removed from the Specification. Q11: The structural drawings call out 13.5” depth top cord but the purlins are 19.5” deep and will protrude under

the top cords. Can you clarify what is to be bid for the depths of both the top cords of the trusses and purlins for the glued laminated timber scope?

A11: Refer to changes in Addendum 02.

Q12: Will sheet A502 be issued? Some details reference this sheet. A12: This sheet will be issued as part of Bid Package #02.

Q13: Detail 4/A511, will slab edge safing and smoke seal be required? Will some sort of back pan be required or is

foil faced insulation acceptable? A13: Slab edge safing and smoke seal will not be required. Refer to updated detail 4/A511 in this addendum.

Q14: EFCO 403X is not available in a dual finish, front set or 2 ¼” face. Please advise. A14: Storefront to be changed to EFCO 960.

Q15: Foundation draintile: Can you clarify size and location of foundation draintile? A15: 6” Foundation draintile is located at the retaining wall.

Q16: Colored Concrete: Has a color been chosen for the colored concrete? Different colors have different price

points. A16: The color is anticipated to be either gray or earth tone to compliment the exterior of the school.


Q17: Addenda #1 indicates that the interior storefront frames will be bid as part of a future bid package. Addenda 2 included updates to these frame types. Should interior frames SF12, SF13, SF14, SF15, SF16,SF17, SF18, SF19 be bid as part of Bid Package 1? Please clarify.

A17: The only interior frames included in this Bid Package are SF12, SF13, and SF15. These frames are included because of their adjacency to the current bid pack and we want the color to match.

GENERAL None.

CHANGES TO SPECIFICATIONS 3-1. Replace Section 00 0110 Table of Contents in its entirety. 3-2. Replace Section 00 61 30 – Sample A-132-2009 Agreement in its entirety. 3-3. Replace Section 00 72 00 – A232 - General Conditions in its entirety. 3-4. Replace Section 00 73 00 – Supplementary Conditions in its entirety. 3-5. Replace Section 01 11 00 – Project Schedule in its entirety. 3-6. Refer to Section 01 13 00 – Trade Package 3A – Structural Concrete:

1. Section 1, Under the following specification sections shall be completely furnished and installed under the scope

of this Trade Package, unless otherwise noted add:

07 14 00 – Fluid Applied Waterproofing

2. Section 2, revise the following to read:

28. TP-31A Earthwork will provide base material for the slab-on-grade within + / - 0.10 feet of the

finished base elevation. The fine grading and compaction required to get to the finished elevation

shall be the responsibility of this Trade Package.

3. Section 2, omit the following

40.Provide curing compound in lieu of wet concrete cure to allow access to the surface by other

trades, as per the requirements of the Contract Documents. Construction Manager to have final

approval of curing compound. If the Construction Manager determines time allows for a wet cure,

curing may be completed by this method.

4. Section 2, add the following:

73. This Trade Package to provide waterproofing membrane at elevator pit on the footings and up

the pre-cast wall.

3-7. Refer to Section 01 13 00 – Trade Package 6F - Heavy Timber GluLam Construction: 1. Section 2, add the following:

11. The flashing for the Glulam Beams will be by another Trade Package in a Future Bid Package.

This Trade Package will be required to coordinate sizes for flashing material.

3-8. Refer to Section 01 13 00 – Trade Package 32A – Asphalt Paving:


2. The aggregate and / or sand base for the work of this Package shall be provided within + / - 0.10

feet of the finished elevation by Package 31A Earthwork and Utilities. Package 32A shall provide

finish grading and compaction including additional material as required to reach final elevation.

3-9. Refer to Section 01 13 00 – Trade Package 32B – Site Concrete:


3. The aggregate and / or sand base for the work of this Package shall be provided within + / - 0.10

feet of the finished elevation by Package 31A Earthwork and Utilities. Package 32A shall provide

finish grading and compaction including additional material as required to reach final elevation.


3-10. Refer to Section 01 13 00 – Trade Package 32C – Landscaping:


3.The finished grade of the topsoil will be provided within + / - 0.10 feet of the finished elevation by

Package 31A Earthwork. Package 32C shall provide finish grading and compaction including

additional material as required to reach final elevation. Trade Package 32C shall be on site while

Trade Package 31A is final grading. If 32C is not on site than it is an acceptance of grade and will

be the responsibility of Trade Package 32C thereafter.


6. This Trade Package is responsible for watering all new plantings and sod per the construction

documents. Include grass cutting and maintenance as required. The more stringent of the

requirements shall prevail.

3-11. Refer to Section 01 14 20 – Trade Package 3F – Architectural and Structural Pre-Cast Concrete:


44. If alternate is taken for monument sign, a separate mobilization will be required to set this.

3-12. Refer to Section 01 14 30 – Trade Package 31A – Earthwork/Earth Retention/Utilities:


60. Any fill used to bring elevation up inside the building footprint as needed is required to use

imported granular fill.

3-13. Replace Section 03 4500 Architectural Precast in its entirety. 3-14. Replace Section 05 5000 Metal Fabrications in its entirety. 3-15. Add Section 07 1400 Fluid-Applied Waterproofing. 3-16. Replace Section 08 4313 Aluminum-Framed Storefront in its entirety.

PRODUCT APPROVALS No materials or equipment will be allowed to be used unless it either 1) meets specified criteria and/or manufacturer or 2) has received prior approval as documented in an addendum. This includes all equipment furnished by subcontractors.

Section / Paragraph No. Specified Product Proposed Substitution / Model

07 9005 Silicone Sealants Sika Corporation 07 9005

Polyurethane Sealants BASF

CHANGES TO DRAWINGS 3-17. Replace Sheet G501 in its entirety. 3-18. Replace Sheet G504 in its entirety. 3-19. Replace Sheet A201c in its entirety. 3-20. Replace Sheet A511 in its entirety. 3-21. Replace Sheet A601 in its entirety.

END OF ADDENDUM NO. 03

RPS 2019 Elementary School Bid Package 1 LHB Project No. 190941

00 0110 - 1 TABLE OF CONTENTS (REVISED PER ADDENDUM 03)

SECTION 00 0110

TABLE OF CONTENTS (REVISED PER ADDENDUM 03)

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS 00 0105 Certifications Page 00 0110 Table of Contents 00 1100 Request for Bids – Provided by Knutson 00 2100 Instruction to Bidders – Provided by Knutson 00 3100 Available Project Information

- Geotechnical Report - Site Logistics – Provided by Knutson

00 4100 List of Owner Furnished Tax Exempt Trade Packages – Provided by Knutson 00 4110 Proposal Form (Owner Furnished Tax Exempt Trade Packages – Provided by Knutson 00 4200 List of Contractor Trade Packages – Provided by Knutson 00 4210 Proposal Form (Contractor Trade Packages) – Provided by Knutson 00 4220 Hourly Rate Form – Provided by Knutson 00 6000 Project Forms – Provided by Knutson 00 6100 Owner Furnished Tax Exempt Purchase Agreement Sample – Provided by Knutson 00 6110 Exhibit A – Vendors Insurance Requirements (On-Site Labor) – Provided by Knutson 00 6120 Exhibit B – Vendors Insurance Requirements (NO On-Site Labor) – Provided by Knutson 00 6130 Sample A-132-2009 Agreement – Provided by Knutson 00 7200 A-232 General Conditions – Provided by Knutson 00 7300 Supplementary Conditions – Provided by Knutson 00 7343 Prevailing Wage

- Prevailing Wages (Olmstead County) – Provided by Knutson DIVISION 01 - GENERAL REQUIREMENTS 01 1110 Project Schedule – Provided by Knutson

- Schedule – Provided by Knutson 01 1200 Construction Manager Responsibilities – Provided by Knutson 01 1210 General Requirements for All Work Scopes – Provided by Knutson 01 1300 Trade Package Descriptions – Provided by Knutson

- 03A – Provided by Knutson - 05A – Provided by Knutson - 05B – Provided by Knutson - 06F – Provided by Knutson - 14A – Provided by Knutson - 32A – Provided by Knutson - 32B – Provided by Knutson - 32C – Provided by Knutson

01 1410 Proposal Requirements for Best Value Trade Package 03F – Provided by Knutson 01 1420 Proposal Requirements for Best Value Trade Package 08B – Provided by Knutson 01 1430 Proposal Requirements for Best Value Trade Package 31A – Provided by Knutson 01 2200 Unit Prices 01 2300 Alternates 01 2900 Payment Procedures – Provided by Knutson 01 3523 Safety Requirements – Provided by Knutson 01 4400 Quality Assurance Procedures – Provided by Knutson

- Special Inspections Schedule 01 5713 Temporary Erosion and Sediment Control 01 6000 Product Requirements

- Substitution Request Form 01 6116 Volatile Organic Compound (VOC) Content Restrictions 01 7419 Construction Waste Management and Disposal 01 7710 Procedures for Closeout – Provided by Knutson



DIVISION 03 - CONCRETE 03 0505 Underslab Vapor Barrier 03 1000 Concrete Forming and Accessories 03 2000 Concrete Reinforcing 03 3000 Cast-in-Place Concrete 03 3005 Water Vapor Reducing Admixture for Cast-in-Place Concrete 03 3513 Concrete Floor Finishing 03 3523 Exposed Aggregate Concrete Finishing 03 4100 Precast Structural Concrete 03 4113 Precast Concrete Hollow Core Planks 03 4500 Precast Architectural Concrete 03 5101 Composite Structural Roof Deck DIVISION 05 - METALS 05 1200 Structural Steel Framing 05 2100 Steel Joist Framing 05 3100 Steel Decking 05 4000 Cold-Formed Metal Framing 05 5000 Metal Fabrications DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES 06 1800 Glued-Laminated Construction DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07 1400 Fluid-Applied Waterproofing 07 2100 Thermal Insulation 07 9005 Joint Sealers DIVISION 08 - OPENINGS 08 4229 Automatic Entrances 08 4313 Aluminum-Framed Storefronts 08 4413 Glazed Aluminum Curtain Walls 08 7100 Door Hardware (For Reference Only) 08 8000 Glazing DIVISION 10 - SPECIALTIES 10 7113.43 Fixed Sun Screens DIVISION 14 - CONVEYING EQUIPMENT 14 2400 Hydraulic Elevators DIVISION 30 - CIVIL 30 1000 Basic Civil Requirements DIVISION 31 - EARTHWORK 31 1000 Site Clearing 31 2200 Grading 31 2316 Excavation 31 2316.13 Trenching 31 2323 Fill 31 3219 Geotextile Stabilization and Layer Separation DIVISION 32 - EXTERIOR IMPROVEMENTS 32 1123 Aggregate Base Courses 32 1216 Bituminous Paving 32 1313 Concrete Paving 32 1723.13 Painted Pavement Markings



32 9219 Seeding 32 9223 Sodding 32 9300 Plants DIVISION 33 - UTILITIES 33 0513 Manholes and Structures 33 1416 Site Water Utility Distribution Piping 33 3113 Site Sanitary Utility Sewer Piping 33 4100 Subdrainage 33 4211 Stormwater Gravity Piping

END OF SECTION

Document A132™ – 2009Standard Form of Agreement Between Owner and Contractor,Construction Manager as Adviser Edition

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AIA Document A132™ – 2 0 0 9 ™ – 1 9 9 2 ) . (formerly A101 CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:19:43 ET on 07/16/2020 under Order No.1918050788 which expires on 01/17/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (843212904)

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ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

This document is intended to be used in conjunction with AIA Documents A232™–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B132™–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132™–2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. ^AIA Document A232™–2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

AGREEMENT made as of the 4th day of August in the year 2020(In words, indicate day, month and year.)

BETWEEN the Owner:(Name, legal status, address and other information)

Rochester Public Schools – ISD 5353935 Highway 14 EastRochester, MN 55904

and the Contractor:(Name, legal status, address and other information)

TBD

for the following Project:(Name, location and detailed description)

2019 New Elementary SchoolAddress TBD

The Construction Manager:(Name, legal status, address and other information)

Knutson Construction Services Rochester, Inc.5985 Bandel Road NWRochester MN 55901

The Architect:(Name, legal status, address and other information)

LHB, Inc.21 West Superior Street, Suite 500Duluth, MN 55802

The Owner and Contractor agree as follows.

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TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

10 INSURANCE AND BONDS

EXHIBIT A DETERMINATION OF THE COST OF THE WORK

ARTICLE 1 THE CONTRACT DOCUMENTSThe Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACTThe Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below, or provision is made for the date to be fixed in a notice to proceed issued by the Owner.(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.)

If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics’ liens and other security interests, the Owner’s time requirement shall be as follows:

§ 3.2 The Contract Time shall be measured from the date of commencement.

§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 365 ( Three Hundred and sixty five ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.)

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Portion of the Work Substantial Completion Date

, subject to adjustments of this Contract Time as provided in the Contract Documents.(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.)

ARTICLE 4 CONTRACT SUM§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.)

[ X ] Stipulated Sum, in accordance with Section 4.2 below

[ ] Cost of the Work plus the Contractor’s Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below

[ ] Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below

(Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below.)

§ 4.2 Stipulated Sum§ 4.2.1 The Stipulated Sum shall be TBD ($ TBD ), subject to additions and deletions as provided in the Contract Documents.

§ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

TBD

§ 4.2.3 Unit prices, if any:(Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00) TBD

§ 4.2.4 Allowances included in the Stipulated Sum, if any:(Identify allowance and state exclusions, if any, from the allowance price.)

Item Allowance TBD

§ 4.3 Cost of the Work Plus Contractor’s Fee without a Guaranteed Maximum Price§ 4.3.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor’s Fee.

§ 4.3.2 The Contractor’s Fee:(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee.)

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N/A

§ 4.3.3 The method of adjustment of the Contractor’s Fee for changes in the Work:

N/A

§ 4.3.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work:

N/A

§ 4.3.5 Rental rates for Contractor-owned equipment shall not exceed N/A percent ( N/A %) of the standard rate paid at the place of the Project.

§ 4.3.6 Unit prices, if any:(Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00) N/A

§ 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Determination of the Cost of the Work.

§ 4.4 Cost of the Work Plus Contractor’s Fee with a Guaranteed Maximum Price§ 4.4.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor’s Fee.

§ 4.4.2 The Contractor’s Fee:(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee.)

N/A

§ 4.4.3 The method of adjustment of the Contractor’s Fee for changes in the Work:

N/A

§ 4.4.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work:

N/A


§ 4.4.6 Unit Prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00) N/A

§ 4.4.7 Guaranteed Maximum Price§ 4.4.7.1 The sum of the Cost of the Work and the Contractor’s Fee is guaranteed by the Contractor not to exceed ($ N/A ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.)

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§ 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:

N/A

§ 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any:(Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.)

Item Allowance N/A

§ 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based:

N/A

ARTICLE 5 PAYMENTS§ 5.1 Progress Payments§ 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than 35 ( Thirty Five ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum§ 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions;

.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in

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advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5 %);

.3 Subtract the aggregate of previous payments made by the Owner; and

.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions.

§ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances:

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety Five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and

.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions.

§ 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows:(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)

§ 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price§ 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor’s Fee; plus (3) payrolls for the period covered by the present Application for Payment.

§ 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment.

§ 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work;

.2 Add the Contractor’s Fee, less retainage of percent ( %). The Contractor’s Fee shall be computed upon the Cost of the Work described in that Section at the rate stated in that Section; or if the Contractor’s Fee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion;

.3 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs;

.4 Subtract the aggregate of previous payments made by the Owner;

.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and

.6 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a Certificate for Payment as provided in Section 9.5 of AIA Document A232™–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition.

§ 5.1.5.4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements.

§ 5.1.5.5 In taking action on the Contractor’s Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or

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arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner.

§ 5.1.5.6 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price§ 5.1.6.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor’s Fee; plus (3) payrolls for the period covered by the present Application for Payment.

§ 5.1.6.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.

§ 5.1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232–2009;

.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing;

.3 Add the Contractor’s Fee, less retainage of percent ( %). The Contractor’s Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor’s Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion;

.4 Subtract retainage of percent ( %) from that portion of the Work that the Contractor self-performs;

.5 Subtract the aggregate of previous payments made by the Owner;

.6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and

.7 Subtract amounts, if any, for which the Construction Manager or Architect have withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A232–2009.

§ 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements.

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§ 5.1.6.6 In taking action on the Contractor’s Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner.

§ 5.1.6.7 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.2 Final Payment§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Section 12.2 of AIA Document A232–2009, and to satisfy other requirements, if any, which extend beyond final payment;

.2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and

.3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows:

Project Closeout Requirements Met

ARTICLE 6 DISPUTE RESOLUTION§ 6.1 Initial Decision MakerThe Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232–2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)

§ 6.2 Binding Dispute ResolutionFor any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232–2009, the method of binding dispute resolution shall be as follows:(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.)

[ ] Arbitration pursuant to Section 15.4 of AIA Document A232–2009.

[ X ] Litigation in a court of competent jurisdiction.

[ ] Other: (Specify)

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ARTICLE 7 TERMINATION OR SUSPENSION§ 7.1 Where the Contract Sum is a Stipulated Sum§ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2009.

§ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2009.

§ 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price§ 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2009.

§ 7.2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232–2009; however, the Owner shall then only pay the Contractor an amount calculated as follows:

.1 Take the Cost of the Work incurred by the Contractor to the date of termination;

.2 Add the Contractor’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor’s Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and

.3 Subtract the aggregate of previous payments made by the Owner.

§ 7.2.3 If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232–2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Document A232–2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2.

§ 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders.

§ 7.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2009; in such case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232–2009, except that the term ’profit’ shall be understood to mean the Contractor’s Fee as described in Sections 4.3.2 and 4.4.2 of this Agreement.

ARTICLE 8 MISCELLANEOUS PROVISIONS§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232–2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.(Insert rate of interest agreed upon, if any.)

Zero % 0

§ 8.3 The Owner’s representative:

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(Name, address and other information)

Bill Burt, Coordinator of Construction Services3935 Highway 14 ERochester, MN 55904Telephone Number: 507-328-4259Email Address: [email protected] authority of the Owner’s representative is subject to the Owner’s School Board Approval to the extent required by policy or law.

§ 8.4 The Contractor’s representative:(Name, address and other information)

TBD

§ 8.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days written notice to the other party.

§ 8.6 Other provisions:

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.

§ 9.1.1 The Agreement is this executed AIA Document A132–2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition.

§ 9.1.2 The General Conditions are AIA Document A232–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition.

§ 9.1.3 The Supplementary and other Conditions of the Contract:

Document Title Date Pages

§ 9.1.4 The Specifications:(Either list the Specifications here or refer to an exhibit attached to this Agreement.)See Exhibit A – List of Construction Documents

Section Title Date Pages Section A – List of Construction Documents

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§ 9.1.5 The Drawings:(Either list the Drawings here or refer to an exhibit attached to this Agreement.)Exhibit A – List of Construction Documents

Number Title Date Exhibit A – List of Construction Documents

§ 9.1.6 The Addenda, if any:

Number Date Pages Exhibit A – List of Construction Documents

Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9.

§ 9.1.7 Additional documents, if any, forming part of the Contract Documents are:.1 AIA Document A132™–2009, Exhibit A, Determination of the Cost of the Work, if applicable..2 AIA Document A232™–2009, General Conditions of the Contract for Construction

.3(Paragraphs deleted)

Other documents, if any, listed below:(List here any additional documents which are intended to form part of the Contract Documents. AIA Document A232–2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.)

ARTICLE 10 INSURANCE AND BONDSThe Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232–2009.(State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A232–2009.)

Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00)

This Agreement is entered into as of the day and year first written above.

OWNER (Signature) CONTRACTOR (Signature)

John Carlson Executive Director of Finance (Printed name and title) (Printed name and title)

Additions and Deletions Report forAIA® Document A132™ – 2009

This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.

Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:19:43 ET on 07/16/2020.

Additions and Deletions Report for AIA Document A132™ – 2 0 0 9 ™ – 1 9 9 2 ) . (formerly A101 CMa Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:19:43 ET on 07/16/2020 under Order No.1918050788 which expires on 01/17/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (843212904)

1

PAGE 1

AGREEMENT made as of the 4th day of August in the year 2020

…


…

TBD

…

2019 New Elementary SchoolAddress TBD

…

Knutson Construction Services Rochester, Inc.5985 Bandel Road NWRochester MN 55901

…

LHB, Inc.21 West Superior Street, Suite 500Duluth, MN 55802PAGE 2

§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below below, or provision is made for the date to be fixed in a notice to proceed issued by the Owner.

…

§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 365 ( Three Hundred and sixty five ) days from the date of commencement, or as follows: PAGE 3

[ X ] Stipulated Sum, in accordance with Section 4.2 below

…


2

§ 4.2.1 The Stipulated Sum shall be TBD ($ TBD ), subject to additions and deletions as provided in the Contract Documents.

…

TBD

…

TBD

…

TBDPAGE 4

N/A

…

N/A

…

N/A


…

N/A

…

N/A

…

N/A

…

N/A


…

N/A

…

§ 4.4.7.1 The sum of the Cost of the Work and the Contractor’s Fee is guaranteed by the Contractor not to exceed ($ N/A ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such


3

maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. PAGE 5

N/A

…

N/A

…

N/A

…

§ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than 35 ( Thirty Five ) days after the Construction Manager receives the Application for Payment.

…

.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5 %);

PAGE 6

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety Five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and

PAGE 8

Project Closeout Requirements Met

…

[ X ] Litigation in a court of competent jurisdiction.PAGE 9

§ 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum PriceWhere the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price

…

Zero % 0

PAGE 10

Bill Burt, Coordinator of Construction Services


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3935 Highway 14 ERochester, MN 55904Telephone Number: 507-328-4259Email Address: [email protected] authority of the Owner’s representative is subject to the Owner’s School Board Approval to the extent required by policy or law.

…

TBD

…

See Exhibit A – List of Construction Documents

…

Section A – List of Construction Documents

PAGE 11

Exhibit A – List of Construction Documents

…


…


…

.2 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following:

A232™–2009, General Conditions of the Contract for Construction

.3 AIA Document E202™–2008, Building Information Modeling Protocol Exhibit, if completed, or the following:

.4 Other documents, if any, listed below:

…

John Carlson Executive Director of Finance

™ – 2 0 0 3 .AIA Document D401 Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:19:43 ET on 07/16/2020 under Order No.1918050788 which expires on 01/17/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (843212904)

1

’Certification of Document s AuthenticityAIA® ™ – 2003 Document D401

I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:19:43 ET on 07/16/2020 under Order No. 1918050788 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A132™ – 2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report.

_____________________________________________________________(Signed)

_____________________________________________________________(Title)

_____________________________________________________________(Dated)

Document A232™ – 2009General Conditions of the Contract for Construction, Construction Manager as Adviser Edition

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AIA Document A232™ – 2 0 0 9 ™ – 1 9 9 2 ) . (rev. 12/11) (formerly A201 CMa Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:18:59 ET on 07/16/2020 under Order No.1918050788 which expires on 01/17/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1380798251)

1

ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

This document is intended to be used in conjunction with AIA Documents A132™–2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; B132™–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132™–2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser.

for the following PROJECT:(Name, and location or address)

2019 New Elementary SchoolTBD

THE CONSTRUCTION MANAGER:(Name, legal status and address)

Knutson Construction Services Rochester, Inc.5985 Bandel Road NWRochester, MN 55901

THE OWNER:(Name, legal status and address)


THE ARCHITECT:(Name, legal status and address)

LHB, Inc.21 West Superior St, Suite 500Duluth, MN 55802

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TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 OWNER

3 CONTRACTOR

4 ARCHITECT AND CONSTRUCTION MANAGER

5 SUBCONTRACTORS

6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS

7 CHANGES IN THE WORK

8 TIME

9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

15 CLAIMS AND DISPUTES

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INDEX(Topics and numbers in bold are section headings.)

Acceptance of Nonconforming Work9.6.6, 9.9.3, 12.3Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3Access to Work 3.16, 6.2.1, 12.1Accident Prevention10Acts and Omissions 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 8.3.1, 9.5.1, 10.1, 10.2.5, 13.4.2, 13.7Addenda1.1.1, 3.11, 4.2.14Additional Costs, Claims for 3.2.4, 3.7.4, 3.7.5, 6.1.1, 7.3, 9.10.3, 9.10.4, 10.3, 10.4, 15.1.4Additional Inspections and Testing4.2.8, 12.2.1, 13.5Additional Insured11.1.4Additional Time, Claims for3.7.4, 3.7.5, 6.1.1, 7.3, 8.3, 10.3Administration of the Contract3.10, 4.2Advertisement or Invitation to Bid1.1.1Aesthetic Effect4.2.19Allowances3.8, 7.3.8All-risk Insurance 11.3.1, 11.3.1.1Applications for Payment4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.7, 9.8.3, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4Approvals2.1.1, 2.2.2, 2.4, 3.1.4, 3.10.1, 3.10.2, 3.12.4 through 3.12.10, 3.13.2, 3.15.2, 4.2.9, 9.3.2, 13.4.2, 13.5Arbitration8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCHITECT4Architect, Certificates for Payment 9.4Architect, Definition of4.1.1Architect, Extent of Authority5.2, 7.1.2, 7.3.7, 7.4, 9.3.1, 9.4, 9.5, 9.8.3, 9.8.4, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 15.1.3, 15.2.1Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.8, 4.2.1, 4.2.2, 4.2.8, 4.2.13, 5.2.1, 9.6.4, 15.2

Architect’s Additional Services and Expenses2.4, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2Architect’s Administration of the Contract 4.2, 9.4, 9.5, 15.2Architect’s Approvals3.12.8Architect’s Authority to Reject Work 4.2.8, 12.1.2, 12.2.1Architect’s Copyright1.5Architect’s Decisions4.2.8, 7.3.9, 7.4, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.9.2, 13.5.2, 14.2.2, 14.2.4, 15.2Architect’s Inspections 3.7.4, 4.2, 9.8.3, 9.9.2, 9.10.1, 13.5Architect’s Instructions3.2.4, 7.4, 9.4Architect’s Interpretations4.2.8, 4.2.17, 4.2.18Architect’s On-Site Observations4.2.2, 9.4, 9.5.1, 9.10.1, 12.1.1, 12.1.2, 13.5Architect’s Project Representative4.2.16Architect’s Relationship with Contractor1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.9.2, 3.9.3, 3.10, 3.11, 3.12.8, 3.16, 3.18, 4.2, 5.2, 6.2.2, 8.2, 11.3.7, 12.1, 13.5Architect’s Relationship with Construction Manager1.1.2, 9.3 through 9.10, 10.3, 13.5.1, 10.3, 11.3.7, 13.4.2, 13.5.4Architect’s Relationship with Subcontractors1.1.2, 4.2.8, 5.3, 9.6.3, 9.6.4Architect’s Representations9.4, 9.5, 9.10.1Architect’s Site Visits4.2.2, 9.4, 9.5.1, 9.8.3, 9.9.2, 9.10.1, 13.5Asbestos 10.3.1Attorneys’ Fees3.18.1, 9.10.2, 10.3.3Award of Other Contracts6.1.1, 6.1.2Award of Subcontracts and Other Contracts for Portions of the Work5.2Basic Definitions1.1Bidding Requirements1.1.1, 5.2.1, 11.4.1Binding Dispute Resolution9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1

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Boiler and Machinery Insurance11.3.2BONDS, INSURANCE AND11 Bonds, Lien 7.3.7.4, 9.10.3Bonds, Performance and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4Building Permit 2.2.2, 3.7.1Capitalization1.3Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5Certificates for Payment4.2.2, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 15.1.3Certificates of Inspection, Testing or Approval13.5.4Certificates of Insurance 9.3.2, 9.10.2, 11.1.3Change Orders 1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2, 3.11, 3.12.8, 4.2.12, 4.2.13, 4.2.14, 5.2.3, 7.1.1, 7.1.2, 7.2, 7.3.2, 7.3.4, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3Change Orders, Definition of 7.2Changes 7.1CHANGES IN THE WORK2.2.1, 3.4.2, 3.11, 3.12.8, 4.2.13, 4.2.14, 7, 8.3.1, 9.3.1.1Claims, Definition of15.1.1CLAIMS AND DISPUTES1.1.8, 3.2.4, 3.7.5, 6.1.1, 7.3.9, 8.3.2, 9.3.3, 9.10.3, 9.10.4, 10.3.3, 15, 15.4Claims for Additional Cost3.2.4, 3.7.5, 6.1.1, 7.3.9, 9.10.3, 9.10.4, 10.3.2, 10.4, 15.1.4Claims for Additional Time3.2.4, 3.7.5, 7, 8.3.2, 10.4, 15.1.5Concealed or Unknown Conditions, Claims for3.7Claims for Damages3.2.4, 3.18, 6.1.1, 6.2.5, 8.3.2, 9.3.3, 9.5.1.2, 9.10.2, 9.10.5, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 15.1.6Cleaning Up3.15, 6.3Commencement of Statutory Limitation Period 13.7Commencement of the Work, Definition of8.1.2Communications, Owner to Architect 2.2.6

Communications, Owner to Construction Manager 2.2.6Communications, Owner to Contractor2.2.6Communications Facilitating Contract Administration3.9.1, 4.2.6COMPLETION, PAYMENTS AND 9Completion, Substantial 4.2.15, 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7Concealed or Unknown Conditions3.7.4, 4.2.8, 8.3.1, 10.3Conditions of the Contract 1.1.1Consolidation or Joinder15.4.4CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS1.1.4, 6Construction Change Directive, Definition of 7.3.1Construction Change Directives1.1.1, 3.4.2, 3.12.8, 4.2.12, 4.2.13, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1Construction Manager, Building Permits2.2.2Construction Manager, Communications through4.2.6Construction Manager, Construction Schedule3.10.1, 3.10.3CONSTRUCTION MANAGER4Construction Manager, Definition of4.1.2Construction Manager, Documents and Samples at the Site3.11Construction Manager, Extent of Authority3.12.7, 3.12.8, 4.1.3, 4.2.1, 4.2.4, 4.2.5, 4.2.9, 7.1.2, 7.2, 7.3.1, 8.3, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 12.1, 12.2.1, 14.2.2, 14.2.4Construction Manager, Limitations of Authority and Responsibility4.2.5, 4.2.8, 13.4.2Construction Manager, Submittals4.2.9Construction Manager’s Additional Services and Expenses12.2.1Construction Manager’s Administration of the Contract4.2, 9.4, 9.5Construction Manager’s Approval2.4, 3.10.1, 3.10.2

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Construction Manager’s Authority to Reject Work4.2.8, 12.2.1Construction Manager’s Decisions7.3.7, 7.3.9, 9.4.1, 9.5.1Construction Manager’s Inspections4.2.8, 9.8.3, 9.9.2Construction Manager’s On-Site Observations9.5.1Construction Manager’s Relationship with Architect1.1.2, 4.2.1, 4.2.7, 4.2.8, 4.2.9, 4.2.13, 4.2.15, 4.2.16, 4.2.20, 9.2.1, 9.4.2, 9.5, 9.6.1, 9.6.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1, 13.5.2, 13.5.4, 14.2.2, 14.2.4Construction Manager’s Relationship with Contractor3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11, 3.12.5, 3.12.6, 3.12.7, 3.12.8, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.2, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 4.2.6, 4.2.9, 4.2.14, 4.2.17, 4.2.20, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, 9.7, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4Construction Manager’s Relationship with Owner 2.2.2, 4.2.1, 10.3.2Construction Manager’s Relationship with Other Contractors and Owner’s Own Forces 4.2.4Construction Manager’s Relationship with Subcontractors4.2.8, 5.3, 9.6.3, 9.6.4Construction Manager’s Site Visits9.5.1Construction Schedules, Contractor’s3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2Contingent Assignment of Subcontracts5.4, 14.2.2.2Continuing Contract Performance15.1.3Contract, Definition of 1.1.2CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14Contract Administration3.1.3, 4.2, 9.4, 9.5Contract Award and Execution, Conditions Relating to3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3Contract Documents, Definition of1.1.1Contract Performance During Arbitration 15.1.3Contract Sum 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1.1, 12.3, 14.2.4, 14.3.2, 15.1.4, 15.2.5

Contract Time3.7.4, 3.7.5, 4, 3.10.2, 5.2.3, 7.2.3, 7.3.1, 7.3.5, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5Contract Time, Definition of8.1.1CONTRACTOR 3Contractor, Definition of 3.1.1Contractor’s Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2Contractor’s Employees3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1Contractor’s Liability Insurance11.1Contractor’s Relationship with Other Contractors and Owner’s Own Forces3.12.5, 3.14.2, 4.2.6, 6, 11.3, 12.1.2, 12.2.4Contractor’s Relationship with Subcontractors 1.2.2, 3.3.2, 3.18, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8, 14.2.1.2Contractor’s Relationship with the Architect1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.4.2, 3.5, 3.7.4, 3.10.1, 3.11, 3.12, 3.16, 3.18, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1Contractor’s Relationship with the Construction Manager 1.1.2, 3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11, 3.12.5, 3.12.7, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.1, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1, 10.2.6, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8Contractor’s Review of Contract Documents 3.2Contractor’s Right to Stop the Work 9.7Contractor’s Right to Terminate the Contract14.1Contractor’s Submittals 3.10.2, 3.11, 3.12, 4.2.9, 9.2, 9.3, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2Contractor’s Superintendent3.9, 10.2.6Contractor’s Supervision and Construction Procedures1.2.2, 3.3, 3.4, 4.2.5, 4.2.7, 6.1, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3

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Contractual Liability Insurance 11.1.1.8, 11.2, 11.3.1.5Coordination and Correlation 1.2, 3.2, 3.3.1, 3.10, 3.12.6, 6.1.2, 6.2.1Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11Copyrights1.5, 3.17Correction of Work 2.3, 2.4, 9.4.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2Correlation and Intent of the Contract Documents1.2Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 7.3.9, 11.3.1.2, 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 13.5, 14Cutting and Patching3.14, 6.2.5 Damage to Construction of Owner or Other Contractors3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.2, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.2.4, 15.1.6Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 15.1.5Date of Commencement of the Work, Definition of8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.7, 4.2.8, 4.2.10, 4.2.11, 4.2.13, 4.2.15, 4.2.16, 4.2.17, 4.2.18, 4.2.19, 4.2.20, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.8.4, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2Decisions of the Construction Manager7.3.7, 7.3.8, 7.3.9, 15.1, 15.2Decisions to Withhold Certification9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.8, 6.2.5, 9.5.1, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 12.2.2 Definitions 1.1, 2.1.1, 3.1.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.1.2, 7.2, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5Disputes 7.3.8, 7.3.9, 9.3, 15.1, 15.2

DISPUTES, CLAIMS AND3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 15, 15.4Documents and Samples at the Site 3.11 Drawings, Definition of1.1.5 Drawings and Specifications, Ownership and Use1.1.1, 1.5, 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions3.2 Effective Date of Insurance8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials and or1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.13.1, 3.15.1, 4.2.8, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.3, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5Failure of Payment 9.5.1.3, 9.7, 13.6, 14.1.1.3, 14.1.3, 14.2.1.2, 15.1.4Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.15, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 15.2.1Financial Arrangements, Owner’s 2.2.1GENERAL PROVISIONS1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials10.2.4, 10.3Identification of Contract Documents1.2.1 Identification of Subcontractors and Suppliers5.2.1 Indemnification 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7Information and Services Required of the Owner2.1.2, 2.2, 4.2.6, 6.1.2, 6.2.5, 9.6.1, 9.6.4, 9.8, 9.9.1, 9.10.3, 10.3.2, 10.3.3, 11.2, 11.3.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.3, 15.1.2Initial Decision15.2

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Initial Decision Maker, Definition of1.1.8Initial Decision Maker, Extent of Authority14.2.2, 14.2.4, 15.1.3, 15.2.2, 15.2.3, 15.2.4, 15.2.5Injury or Damage to Person or Property3.18.1, 10.2.1, 10.2.2, 10.2.8, 10.3, 10.3.3, 10.4, 11.1.1Inspections3.1.3, 3.7.1, 4.2.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.1.4, 3.3.3, 3.7.1, 4.2.4, 5.2.1, 7, 8.2.2, 12.1, 13.5.2 Instruments of Service, Definition of1.1.7, 1.5, 1.6Insurance 6.1.1, 7.3.7, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor’s Liability11.1Insurance, Effective Date of8.2.2, 11.1.2 Insurance, Loss of Use11.3.3 Insurance, Owner’s Liability11.2 Insurance, Property10.2.5, 11.3 Insurance, Stored Materials9.3.2, 11.3.1 INSURANCE AND BONDS11 Insurance Companies, Consent to Partial Occupancy9.9.1, 11.3.1.5Insurance Companies, Settlement with11.3.10 Intent of the Contract Documents1.2, 4.2.18, 4.2.19, 7.4 Interest 9.7, 13.6 Interpretation1.4, 4.2.8, 4.2.17, 4.2.18Interpretations, Written4.2.17, 4.2.18, 4.2.20 Joinder and Consolidation of Claims Required15.4.4Judgment on Final Award15.4.2Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 3.15.1, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.6, 9.10.2, 10.2.1.2, 11.3.1, 14.2.1, 14.2.2 Labor Disputes8.3.1

Laws and Regulations3.2.3, 3.2.4, 3.7, 3.13.1, 10.2.2, 10.2.3, 13.5.1, 14.2.1Liens2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitation on Consolidation or Joinder15.4.4Limitations, Statutes of15.4.1Limitations of Authority3.12.4, 4.1.3, 4.2.16Limitations of Liability9.6.7, 11.1.1, 12.2Limitations of Time3.10.1, 4.2.17, 4.2.20, 8.2.1, 9.3.3, 9.6.1, 9.8.4, 9.10.2, 10.2, 11.1.3, 12.1.1, 12.2.2.2, 12.2.5, 13.7, 14.1.1, 15.2.6.1Loss of Use Insurance11.3.3 Material Suppliers1.5.1, 1.5.2, 3.12, 4.2.6, 4.2.8, 9.3.1, 9.3.1.2, 9.3.3, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.5, 11.3.1Materials, Hazardous10.2.4, 10.3Materials, Labor, Equipment and1.1.3, 1.1.6, 1.5.1, 1.5.2, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 5.2.1, 6.2.1, 9.3.1, 9.3.2, 9.3.3, 9.5.1, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.2, 9.10.5, 10.2.1, 10.2.4, 10.3Means, Methods, Techniques, Sequences and Procedures of Construction3.3.1, 3.12.10, 4.2.5, 4.2.11Mechanic’s Lien2.1.2, 15.2.8Mediation8.3.1, 10.3.5, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1Minor Changes in the Work1.1.1, 3.12.8, 4.2.13, 7.1, 7.4MISCELLANEOUS PROVISIONS13 Modifications, Definition of1.1.1 Modifications to the Contract1.1.1, 1.1.2, 3.11, 4.1.3, 4.2.14, 5.2.3, 7, 11.3.1Mutual Responsibility6.2 Nonconforming Work, Acceptance of 9.4.3, 9.8.3, 12.3 Nonconforming Work, Rejection and Correction of2.3, 2.4, 3.2.3, 3.7.3, 9.4.3.3, 9.8.2, 9.8.3, 9.9.1, 11.1.1, 12.2.2.1, 12.2.3, 12.2.4, 12.2.5 Notice1.5, 2.1.2, 2.2.1, 2.4, 3.2.4, 3.3.1, 3.7.1, 3.7.2, 3.7.5, 3.9.2, 3.12.9, 5.2.1, 6.3, 9.4.1, 9.7, 9.10.1, 9.10.2, 10.2.2, 10.2.6, 10.2.8, 10.3.2, 11.3.6, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1.2, 14.2.2, 14.4.2, 15.1.2, 15.1.4, 15.1.5.1, 15.2, 15.4.1

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Notice of Claims3.7.2, 10.2.8, 15.1.2, 15.4.1Notice of Testing and Inspections13.5.1, 13.5.2 Notices, Permits, Fees and 3.7, 7.3.7, 10.2.2 Observations, On-Site 3.2.1, 9.5.1, 12.1.1Occupancy2.2.2, 9.6.6, 9.9, 11.3.1.5On-Site Inspections 4.2.2, 9.10.1, 9.4.4, 9.5.1Orders, Written4.2.7, 4.2.18, 4.2.20Other Contracts and Contractors1.1.4, 3.14.2, 4.2.9, 6, 11.3.7, 12.1.2 OWNER2 Owner, Definition of2.1.1Owner, Information and Services Required of the2.1.2, 2.2, 4.2, 6.1.2, 6.1.3, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.2, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1, 14.1.3, 15.1.3 Owner’s Authority1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.8, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.3.3, 11.3.10, 12.2.2.1, 12.3, 13.5.2, 14.2, 14.3.1, 14.4, 15.2.7Owner’s Financial Capability 2.2.1, 13.2.2, 14.1.1Owner’s Liability Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2.1, 5.3, 5.4.1, 9.6.4, 9.10.2, 14.2.2Owner’s Right to Carry Out the Work2.4, 12.2.4, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction with Own Forces and to Award Other Contracts6.1 Owner’s Right to Stop the Work 2.3 Owner’s Right to Suspend the Work14.3 Owner’s Right to Terminate the Contract14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service1.1.1, 1.1.5, 1.5, 1.6, 3.11, 3.12.10, 3.17, 4.2.14, 4.2.18, 4.2.20Partial Occupancy or Use9.9, 11.3.1.5Patching, Cutting and 3.14, 6.2.5

Patents and Copyrights, Royalties3.17 Payment, Applications for4.2.1, 4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.7, 9.10.1, 9.10.3, 9.10.5, 11.1.3Payment, Certificates for4.2.15, 7.3.9, 9.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 15.1.3Payment, Failure of9.4.1, 9.5, 9.7, 14.1.1.3Payment, Final4.2.1, 9.8.2, 9.10, 11.1.2, 11.3.1, 11.3.5, 12.3, 15.2.1Payment Bond, Performance Bond and5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4Payments, Progress9.3.1, 9.4.2, 9.6PAYMENTS AND COMPLETION9, 14 Payments to Subcontractors5.4.2, 9.3, 9.5.1.3, 9.5.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 9.10.5, 14.2.1.2 PCB10.3.1Performance Bond and Payment Bond5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4Permits, Fees, Notices and Compliance with Laws2.2.2, 3.7, 7.3.7.4, 10.2.2PERSONS AND PROPERTY, PROTECTION OF10 Polychlorinated Biphenyl10.3.1Product Data, Definition of3.12.2 Product Data and Samples, Shop Drawings3.11, 3.12, 4.2.9, 4.2.10, 4.2.14Progress and Completion8.2, 9.3.1, 9.4.2, 9.6, 9.8, 9.10, 14.2.4, 15.1.6Progress Payments9.3.1, 9.4.2, 9.6Project, Definition of1.1.4 Project Representatives4.2.16Property Insurance10.2.5, 11.3 Project Schedule3.10.1, 3.10.3, 3.10.4, 4.2.2, 4.2.3, 4.2.4PROTECTION OF PERSONS AND PROPERTY10 Regulations and Laws1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1, 15.2.8, 15.4Rejection of Work3.5, 4.2.8, 12.2.1Releases of and Waivers and of Liens9.10.2

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Representations1.3, 2.2.1, 3.5, 3.12, 6.2.2, 8.2.1, 9.3.3, 9.4.3, 9.5.1, 9.8.2, 9.10.1 Representatives2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Requests for Information4.2.20Resolution of Claims and Disputes15 Responsibility for Those Performing the Work3.3.2, 3.7.3, 3.12.8, 3.18, 4.2.2, 4.2.5, 4.2.8, 5.3, 6.1.2, 6.2, 6.3, 9.5.1, 9.8.2, 10 Retainage9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor1.2.2, 3.2, 3.7.3, 3.12.7Review of Contractor’s Submittals by Owner, Construction Manager and Architect3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 5.2, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor3.12.5 Rights and Remedies1.1.2, 2.3, 2.4, 3.7.4, 3.15.2, 4.2.8, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4Royalties, Patents and Copyrights3.17 Rules and Notices for Arbitration15.4Safety of Persons and Property10.2, 10.3, 10.4Safety Precautions and Programs3.3.1, 3.12, 4.2.5, 5.3, 10.1, 10.2, 10.3, 10.4Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and3.11, 3.12, 4.2.9, 4.2.10Samples at the Site, Documents and3.11 Schedule of Values9.2, 9.3.1 Schedules, Construction3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2Separate Contracts and Contractors1.1.4, 3.12.5, 3.14.2, 4.2.6, 4.2.11, 6, 8.3.1, 12.1.2Shop Drawings, Definition of3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.9, 4.2.10, 4.2.14Site, Use of3.13, 6.1.1, 6.2.1 Site Inspections3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2.2, 4.2.3, 4.2.15, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 13.5

Site Visits, Architect’s3.7.4, 4.2.2, 4.2.15, 9.8.3, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing4.2.8, 12.2.1, 13.5 Specifications, Definition of1.1.6 Specifications1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14Staffing Plan4.2.3Statute of Limitations12.2.5, 13.7, 15.4.1.1Stopping the Work2.3, 9.7, 10.3, 14.1 Stored Materials6.2.1, 9.3.2, 10.2.1.2, 10.2.4Subcontractor, Definition of5.1.1 SUBCONTRACTORS5 Subcontractors, Work by1.2.2, 3.3.2, 3.12.1, 4.2.5, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7Subcontractual Relations5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.10, 10.2.1, 14.1, 14.2Submittals3.2.3, 3.10, 3.11, 3.12, 4.2.9, 4.2.10, 4.2.11, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule3.10.2, 3.12.5, 4.2.9, 4.2.10Subrogation, Waivers of6.1.1, 11.3.7 Substantial Completion8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of9.8.1 Substitution of Subcontractors5.2.3, 5.2.4 Substitution of Architect4.1.4Substitution of Construction Manager4.1.4 Substitutions of Materials3.4.2, 3.5, 7.3.8Sub-subcontractor, Definition of5.1.2 Subsurface Conditions3.7.4Successors and Assigns13.2 Superintendent3.9, 10.2.6 Supervision and Construction Procedures1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.3, 4.2.5, 4.2.8, 4.2.9, 4.2.10, 4.2.11, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.3.3, 10, 12, 14, 15.1.3

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Surety5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7Surety, Consent of9.10.2, 9.10.3 Surveys1.1.7, 2.2.3 Suspension by the Owner for Convenience14.3 Suspension of the Work5.4.2, 14.3 Suspension or Termination of the Contract5.4.1.1, 14 Taxes3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor14.1, 15.1.6Termination by the Owner for Cause5.4.1.1, 14.2, 15.1.6Termination by the Owner for Convenience14.4Termination of the Contractor14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT14 Tests and Inspections3.1.4, 3.3.3, 4.2.2, 4.2.6, 4.2.8, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.5 TIME8 Time, Delays and Extensions of3.2.4, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 10.3.2, 14.3.2, 15.1.5, 15.2.5 Time Limits2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.1, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.4.2, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4, 12.2, 13.5, 13.7, 14, 15Time Limits on Claims3.7.4, 10.2.8, 13.7, 15.1.2Title to Work9.3.2, 9.3.3 Transmission of Data in Digital Form1.6UNCOVERING AND CORRECTION OF WORK12

Uncovering of Work12.1 Unforeseen Conditions, Concealed or Unknown3.7.4, 8.3.1, 10.3Unit Prices7.3.3.2, 7.3.4Use of Documents1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site3.13, 6.1.1, 6.2.1 Values, Schedule of9.2, 9.3.1 Waiver of Claims by the Architect13.4.2 Waiver of Claims by the Construction Manager13.4.2 Waiver of Claims by the Contractor9.10.5, 13.4.2, 15.1.6Waiver of Claims by the Owner9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6Waiver of Consequential Damages14.2.4, 15.1.6Waiver of Liens9.10.2, 9.10.4Waivers of Subrogation6.1.1, 11.3.7 Warranty 3.5, 4.2.15, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2Weather Delays15.1.5.2 Work, Definition of1.1.3 Written Consent1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.3, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 10.3.2, 11.4.1, 13.2, 13.4.2, 15.4.4.2Written Interpretations4.2.17, 4.2.18 Written Notice2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14, 15.4.1Written Orders1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2

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ARTICLE 1 GENERAL PROVISIONS§ 1.1 Basic Definitions§ 1.1.1 The Contract Documents. The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement), and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of addenda relating to bidding requirements).

§ 1.1.2 The Contract. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and the Construction Manager or the Construction Manager’s consultants, (3) between the Owner and the Architect or the Architect’s consultants, (4) between the Contractor and the Construction Manager or the Construction Manager’s consultants, (5) between the Owner and a Subcontractor or Sub-subcontractor (6) between the Construction Manager and the Architect, or (7) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties.

§ 1.1.3 The Work. The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

§ 1.1.4 The Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Multiple Prime Contractors and by the Owner’s own forces, including persons or entities under separate contracts not administered by the Construction Manager.

§ 1.1.5 The Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

§ 1.1.6 The Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

§ 1.1.7 Instruments of Service. Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.

§ 1.1.8 Initial Decision Maker. The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2.

§ 1.2 Correlation and Intent of the Contract Documents§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.

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§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

§ 1.3 CapitalizationTerms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects.

§ 1.4 InterpretationIn the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

§ 1.5 Ownership and Use of Drawings, Specifications and Other Instruments of Service§ 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect, or Architect’s consultants’ reserved rights.

§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants.

§ 1.6 Transmission of Data in Digital FormIf the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents.

ARTICLE 2 OWNER§ 2.1 General§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Article 4, the Construction Manager and the Architect do not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative.

§ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein.

§ 2.2 Information and Services Required of the Owner§ 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the

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portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor.

§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit.

§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.

§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services.

§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.

§ 2.2.6 The Owner shall endeavor to forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents.

§ 2.3 Owner’s Right to Stop the WorkIf the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.

§ 2.4 Owner’s Right to Carry Out the WorkIf the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Construction Manager’s and Architect’s and their respective consultants’ additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect, after consultation with the Construction Manager. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

ARTICLE 3 CONTRACTOR§ 3.1 General§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative.

§ 3.1.2 The plural term "Multiple Prime Contractors" refers to persons or entities who perform construction under contracts with the Owner that are administered by the Construction Manager. The term does not include the Owner’s own forces, including persons or entities under separate contracts not administered by the Construction Manager.

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§ 3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents.

§ 3.1.4 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.

§ 3.2 Review of Contract Documents and Field Conditions by Contractor§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Construction Manager and Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information submitted to the Construction Manager in such form as the Construction Manager and Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.

§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Construction Manager and Architect any nonconformity discovered by or made known to the Contractor as a request for information submitted to Construction Manager in such form as the Construction Manager and Architect may require.

§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.

§ 3.3 Supervision and Construction Procedures§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instruction concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner, the Construction Manager, and the Architect and shall not proceed with that portion of the Work without further written instructions from the Architect, through the Construction Manager. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures.

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§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors.

§ 3.3.3 The Contractor shall be responsible for inspection of portions of the Project already performed to determine that such portions are in proper condition to receive subsequent Work.

§ 3.4 Labor and Materials§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect, in consultation with the Construction Manager, and in accordance with a Change Order or Construction Change Directive.

§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them.

§ 3.5 WarrantyThe Contractor warrants to the Owner, Construction Manager, and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform with the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

§ 3.6 TaxesThe Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.

§ 3.7 Permits, Fees, Notices, and Compliance with Laws§ 3.7.1 Unless otherwise provided in the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. The Contractor shall secure and pay for other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded.

§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work.

§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.

§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner, Construction Manager, and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect and Construction

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Manager will promptly investigate such conditions and, if the Architect, in consultation with the Construction Manager, determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect, in consultation with the Construction Manager, determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner, Construction Manager, and Contractor in writing, stating the reasons. If the Owner or Contractor disputes the Architect’s determination or recommendation, either party may proceed as provided in Article 15.

§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner, Construction Manager, and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15.

§ 3.8 Allowances§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection.

§ 3.8.2 Unless otherwise provided in the Contract Documents:.1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and

all required taxes, less applicable trade discounts;.2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and

other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and

.3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.

§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.

§ 3.9 Superintendent§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor.

§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect through the Construction Manager, the name and qualifications of a proposed superintendent. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the Construction Manager, or the Architect has reasonable objection to the proposed superintendent or (2) that any of them require additional time to review. Failure of the Construction Manager to reply within the 14 day period shall constitute notice of no reasonable objection.

§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed.

§ 3.10 Contractor’s Construction Schedules§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information and the Construction Manager’s approval a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work.

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The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor’s Work to avoid conflict with, and as to cause no delay in, the work or activities of other Multiple Prime Contractors or the construction or operations of the Owner’s own forces.

§ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter update it as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Construction Manager’s and Architect’s approval. The Architect and Construction Manager’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Construction Manager and Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals.

§ 3.10.3 The Contractor shall participate with other Contractors, the Construction Manager and Owner in reviewing and coordinating all schedules for incorporation into the Project schedule that is prepared by the Construction Manager. The Contractor shall make revisions to the construction schedule and submittal schedule as deemed necessary by the Construction Manager to conform to the Project schedule.

§ 3.10.4 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner, Construction Manager and Architect and incorporated into the approved Project schedule.

§ 3.11 Documents and Samples at the SiteThe Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the Architect and delivered to the Construction Manager for submittal to the Owner upon completion of the Work as a record of the Work as constructed.

§ 3.12 Shop Drawings, Product Data and Samples§ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.

§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect and Construction Manager is subject to the limitations of Sections 4.2.9 through 4.2.11. Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Construction Manager or Architect without action.

§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Construction Manager Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the Project submittal schedule approved by the Construction Manager and Architect, or in the absence of an approved Project submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of other Multiple Prime Contractors or the Owner’s own forces. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor’s Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Multiple Prime Contractors.

§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner, Construction Manager, and Architect, that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked

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and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed and approved by the Architect.

§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect’s approval thereof.

§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. In the absence of such written notice, the Architect’s approval of a resubmission shall not apply to such revisions.

§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents.

§ 3.13 Use of Site§ 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.

§ 3.13.2 The Contractor shall coordinate the Contractor’s operations with, and secure the approval of, the Construction Manager before using any portion of the site.

§ 3.14 Cutting and Patching§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.

§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner’s own forces or of other Multiple Prime Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner’s own forces or by other Multiple Prime Contractors except with written consent of the Construction Manager,

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Owner and such other Multiple Prime Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Multiple Prime Contractors or the Owner the Contractor’s consent to cutting or otherwise altering the Work.

§ 3.15 Cleaning Up§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project.

§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner, or Construction Manager with the Owner’s approval, may do so and the Owner shall be entitled to reimbursement from the Contractor.

§ 3.16 Access to WorkThe Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and progress wherever located.

§ 3.17 Royalties, Patents and CopyrightsThe Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner, Architect, or Construction Manager. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect through the Construction Manager.

§ 3.18 Indemnification§ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager’s and Architect’s consultants, and agents and employees of any of them from (the "Indemnitees") and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including loss of use therefrom, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18.

§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

§ 3.18.3 The Contractor shall indemnify all of the Indemnitees from and against any costs and expenses (including reasonable attorneys’ fees) incurred by any of the Indemnitees in enforcing any of the Contractor’s defense, indemnity, and hold-harmless obligations under this Contract.

ARTICLE 4 ARCHITECT AND CONSTRUCTION MANAGER§ 4.1 General§ 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number.

§ 4.1.2 The Owner shall retain a construction manager lawfully licensed to practice construction management or an entity lawfully practicing construction management in the jurisdiction where the Project is located. That person or

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entity is identified as the Construction Manager in the Agreement and is referred to throughout the Contract Documents as if singular in number.

§ 4.1.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld.

§ 4.1.4 If the employment of the Construction Manager or Architect is terminated, the Owner shall employ a successor construction manager or architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Construction Manager or Architect, respectively.

§ 4.2 Administration of the Contract§ 4.2.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents and will be the Owner’s representatives during construction until the date the Architect issues the final Certificate for Payment. The Construction Manager and Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.

§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner and Construction Manager (1) known deviations from the Contract Documents and from the most recent Project schedule prepared by the Construction Manager, and (2) defects and deficiencies observed in the Work.

§ 4.2.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. The Construction Manager will determine in general if the Work observed is being performed in accordance with the Contract Documents, will keep the Owner reasonably informed of the progress of the Work, and will report to the Owner and Architect (1) known deviations from the Contract Documents and the most recent Project schedule, and (2) defects and deficiencies observed in the Work.

§ 4.2.4 The Construction Manager will schedule and coordinate the activities of the Contractor and other Multiple Prime Contractors in accordance with the latest approved Project schedule.

§ 4.2.5 The Construction Manager, except to the extent required by Section 4.2.4, and Architect will not have control over, or charge of, construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1, and neither will be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work.

§ 4.2.6 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Construction Manager, and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Multiple Prime Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect if those communications are about matters arising out of or related to the Contract Documents. Communications by and with the Owner’s own forces shall be through the Owner.

§ 4.2.7 The Construction Manager and Architect will review and certify all Applications for Payment by the Contractor, in accordance with the provisions of Article 9.

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§ 4.2.8 The Architect and Construction Manager have authority to reject Work that does not conform to the Contract Documents and will notify each other about the rejection. The Construction Manager shall determine in general whether the Work of the Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. Whenever the Construction Manager considers it necessary or advisable, the Construction Manager will have authority to require additional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, upon written authorization of the Owner, whether or not such Work is fabricated, installed or completed. The foregoing authority of the Construction Manager will be subject to the provisions of Sections 4.2.18 through 4.2.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect’s nor the Construction Manager’s authority to act under this Section 4.2.8 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work.

§ 4.2.9 The Construction Manager will receive and promptly review for conformance with the submittal requirements of the Contract Documents, all submittals from the Contractor such as Shop Drawings, Product Data and Samples. Where there are Multiple Prime Contractors, the Construction Manager will also check and coordinate the information contained within each submittal received from Contractor and other Multiple Prime Contractors, and transmit to the Architect those recommended for approval. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents to the Owner and Architect that the Construction Manager has reviewed and recommended them for approval. The Construction Manager’s actions will be taken in accordance with the Project submittal schedule approved by the Architect or, in the absence of an approved Project submittal schedule, with reasonable promptness while allowing sufficient time to permit adequate review by the Architect.

§ 4.2.10 The Architect will review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Upon the Architect’s completed review, the Architect shall transmit its submittal review to the Construction Manager.

§ 4.2.11 Review of the Contractor’s submittals by the Construction Manager and Architect is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Construction Manager and Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Construction Manager and Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Construction Manager and Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

§ 4.2.12 The Construction Manager will prepare Change Orders and Construction Change Directives.

§ 4.2.13 The Construction Manager and the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7. and the Architect will have authority to order minor changes in the Work as provided in Section 7.4. The Architect, in consultation with the Construction Manager, will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.

§ 4.2.14 Utilizing the documents provided by the Contractor, the Construction Manager will maintain at the site for the Owner one copy of all Contract Documents, approved Shop Drawings, Product Data, Samples and similar required submittals, in good order and marked currently to record all changes and selections made during construction. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project.

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§ 4.2.15 The Construction Manager will assist the Architect in conducting inspections to determine the dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion in conjunction with the Architect pursuant to Section 9.8; and receive and forward to the Owner written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction Manager will forward to the Architect a final Application and Certificate for Payment or final Project Application and Project Certificate for Payment upon the Contractor’s compliance with the requirements of the Contract Documents.

§ 4.2.16 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.

§ 4.2.17 The Architect will interpret and decide matters concerning performance under, and requirements of the Contract Documents on written request of the Construction Manager, Owner or Contractor through the Construction Manager. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

§ 4.2.18 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith.

§ 4.2.19 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents.

§ 4.2.20 The Construction Manager will receive and review requests for information from the Contractor, and forward each request for information to the Architect, with the Construction Manager’s recommendation. The Architect will review and respond in writing to the Construction Manager to requests for information about the Contract Documents. The Construction Manager’s recommendation and the Architect’s response to each request will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information.

ARTICLE 5 SUBCONTRACTORS§ 5.1 Definitions§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Multiple Prime Contractors or subcontractors of other Multiple Prime Contractors.

§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.

§ 5.2 Award of Subcontracts and Other Contracts for Portions of the Work§ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the Construction Manager or the Architect has reasonable objection to any such proposed person or entity or, (2) that the Construction Manager, Architect or Owner requires additional time for review. Failure of the Construction Manager, Owner, or Architect to reply within the 14-day period shall constitute notice of no reasonable objection.

§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection.

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§ 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required.

§ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such substitution.

§ 5.3 Subcontractual RelationsBy appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.

§ 5.4 Contingent Assignment of Subcontracts§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that

.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and

.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract.

When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract.

§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension.

§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor Contractor or other entity. If the Owner assigns the subcontract to a successor Contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor Contractor’s obligations under the subcontract.

ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS§ 6.1 Owner’s Right to Perform Construction with Own Forces and to Award Other Contracts§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, which include persons or entities under separate contracts not administered by the Construction Manager, and to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.

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§ 6.1.2 When the Owner performs construction or operations with the Owner’s own forces including persons or entities under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor, who shall cooperate with them.

§ 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12.

§ 6.2 Mutual Responsibility§ 6.2.1 The Contractor shall afford the Owner’s own forces, Construction Manager and other Multiple Prime Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents.

§ 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner’s own forces or other Multiple Prime Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner’s own forces or other Multiple Prime Contractors’ completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable.

§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs, including costs that are payable to a separate contractor or to other Multiple Prime Contractors because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of delays, improperly timed activities, damage to the Work or defective construction by the Owner’s own forces or other Multiple Prime Contractors.

§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner, separate contractors, or other Multiple Prime Contractors as provided in Section 10.2.5.

§ 6.2.5 The Owner and other Multiple Prime Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14.

§ 6.3 Owner’s Right to Clean UpIf a dispute arises among the Contractor, other Multiple Prime Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Construction Manager, with notice to the Architect, will allocate the cost among those responsible.

ARTICLE 7 CHANGES IN THE WORK§ 7.1 General§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.

§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone.

§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work.

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§ 7.2 Change OrdersA Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following:

.1 The change in the Work;

.2 The amount of the adjustment, if any, in the Contract Sum; and

.3 The extent of the adjustment, if any, in the Contract Time.

§ 7.3 Construction Change Directives§ 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order.

§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods:

.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;

.2 Unit prices stated in the Contract Documents or subsequently agreed upon;

.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or

.4 As provided in Section 7.3.7.

§ 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.

§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time.

§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.

§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Construction Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following:

.1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance;

.2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;

.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others;

.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and

.5 Additional costs of supervision and field office personnel directly attributable to the change.

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§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager and Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.

§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Construction Manager and Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Construction Manager and Architect determine to be reasonably justified. The interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.

§ 7.3.10 When the Owner and Contractor agree with a determination made by the Construction Manager and Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Construction Manager shall prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive.

§ 7.4 Minor Changes in the WorkThe Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor.

ARTICLE 8 TIME§ 8.1 Definitions§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work.

§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.

§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.

§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.

§ 8.2 Progress and Completion§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work.

§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance.

§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.

§ 8.3 Delays and Extensions of Time§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner, Owner’s own forces, Construction Manager, Architect, any of the other Multiple Prime Contractors or an employee of any of them, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner pending mediation and arbitration, or by other causes that the Architect, based on the recommendation of the Construction Manager, determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine.

§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.

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§ 8.3.3 Notwithstanding any other provision of the Agreement or Contract Documents, the Owner and the Contractor agree that there shall be no adjustment in the Contract Time directly or indirectly related to or arising out of the global COVID-19 pandemic and any public health responses thereto (the "Pandemic"), unless Contractor’s performance is specifically prohibited by a governmental action related to the Pandemic. Contractor agrees that, based on the current conditions as of the date of the Agreement and the conditions reasonably anticipated during the duration of the Project, including but not limited to the current and reasonably anticipated conditions related to the Pandemic, Contractor is able to perform the Work in accordance with the Contract Time. Under no circumstances will Contractor be entitled to any adjustment of the Contract Sum directly or indirectly related to or arising out of the Pandemic.

ARTICLE 9 PAYMENTS AND COMPLETION§ 9.1 Contract SumThe Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.

§ 9.2 Schedule of ValuesWhere the Contract is based on a Stipulated Sum or Guaranteed Maximum Price, the Contractor shall submit to the Construction Manager, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. In the event there is one Contractor, the Construction Manager shall forward to the Architect the Contractor’s schedule of values. If there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall forward the Multiple Prime Contractors’ schedules of values only if requested by the Architect.

§ 9.3 Applications for Payment§ 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents.

§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Construction Manager and Architect, but not yet included in Change Orders.

§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier unless such Work has been performed by others whom the Contractor intends to pay.

§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site.

§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or

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encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.

§ 9.4 Certificates for Payment§ 9.4.1 Where there is only one Contractor, the Construction Manager will, within seven days after the Construction Manager’s receipt of the Contractor’s Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor’s Application and Certificate for Payment to the Architect. Within seven days after the Architect receives the Contractor’s Application for Payment from the Construction Manager, the Architect will either issue to the Owner a Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect’s reasons for withholding certification in whole or in part as provided in Section 9.5.1. The Construction Manager will promptly forward to the Contractor the Architect’s notice of withholding certification.

§ 9.4.2 Where there are Multiple Prime Contractors performing portions of the Project, the Construction Manager will, within seven days after the Construction Manager receives the Multiple Prime Contractors’ Applications for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each of the Multiple Prime Contractors; (2) prepare a Summary of Contractors’ Applications for Payment by combining information from each Multiple Prime Contractors’ application with information from similar applications for progress payments from other Multiple Prime Contractors; (3) prepare a Project Application and Certificate for Payment; (4) certify the amount the Construction Manager determines is due all Multiple Prime Contractors; and (5) forward the Summary of Contractors’ Applications for Payment and Project Application and Certificate for Payment to the Architect.

§ 9.4.3 Within seven days after the Architect receives the Project Application and Project Certificate for Payment and the Summary of Contractors’ Applications for Payment from the Construction Manager, the Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect’s reasons for withholding certification in whole or in part as provided in Section 9.5.1. The Construction Manager will promptly forward the Architect’s notice of withholding certification to the Contractors.

§ 9.4.4 The Construction Manager’s certification of an Application for Payment or, in the case of Multiple Prime Contractors, a Project Application and Certificate for Payment shall be based upon the Construction Manager’s evaluation of the Work and the information provided as part of the Application for Payment. The Construction Manager’s certification will constitute a representation that, to the best of the Construction Manager’s knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The certification will also constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified.

§ 9.4.5 The Architect’s issuance of a Certificate for Payment or in the case of Multiple Prime Contractors, Project Application and Certificate for Payment, shall be based upon the Architect’s evaluation of the Work, the recommendation of the Construction Manager, and information provided as part of the Application for Payment or Project Application for Payment. The Architect’s certification will constitute a representation that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, that the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified.

§ 9.4.6 The representations made pursuant to Sections 9.4.4 and 9.4.5 are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager or Architect.

§ 9.4.7 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor’s construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and

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other data requested by the Owner to substantiate the Contractor’s right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

§ 9.5 Decisions to Withhold Certification§ 9.5.1 The Construction Manager or Architect may withhold a Certificate for Payment or Project Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager’s or Architect’s opinion the representations to the Owner required by Section 9.4.4 and 9.4.5 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager will notify the Contractor and Owner as provided in Section 9.4.1 and 9.4.3. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment or a Project Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Construction Manager or Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment or Project Certificate for Payment previously issued, to such extent as may be necessary in the Construction Manager’s or Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from the acts and omissions described in Section 3.3.2 because of

.1 defective Work not remedied;

.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor;

.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;

.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;

.5 damage to the Owner or a separate contractor;

.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or

.7 repeated failure to carry out the Work in accordance with the Contract Documents.

§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld.

§ 9.5.3 If the Architect or Construction Manager withholds certification for payment under Section 9.5.1, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Construction Manager and both will reflect such payment on the next Certificate for Payment.

§ 9.6 Progress Payments§ 9.6.1 After the Architect has issued a Certificate for Payment or Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect.

§ 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner.

§ 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor.

§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law.

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§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4.

§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.

§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.

§ 9.7 Failure of PaymentIf the Construction Manager and Architect do not issue a Certificate for Payment or a Project Certificate for Payment, through no fault of the Contractor, within fourteen days after the Construction Manager’s receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Construction Manager and Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner, Construction Manager and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents.

§ 9.8 Substantial Completion§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.

§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify the Construction Manager, and the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.

§ 9.8.3 Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the list, which is not sufficiently complete in accordance with the requirements of the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion.

§ 9.8.4 When the Architect, assisted by the Construction Manager, determines that the Work or designated portion thereof is substantially complete, the Construction Manager will prepare, and the Construction Manager and Architect shall execute a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.

§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.

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§ 9.9 Partial Occupancy or Use§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager.

§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.

§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.

§ 9.10 Final Completion and Final Payment§ 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor’s Application for Payment. Upon receipt, the Construction Manager will evaluate the completion of Work of the Contractor and then forward the notice and Application, with the Construction Manager’s recommendations, to the Architect who will promptly make such inspection. When the Architect, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment or Project Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Construction Manager’s and Architect’s final Certificate for Payment or Project Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled.

§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees.

§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the

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Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;.2 failure of the Work to comply with the requirements of the Contract Documents; or.3 terms of special warranties required by the Contract Documents.

§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY§ 10.1 Safety Precautions and ProgramsThe Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor’s safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. The Construction Manager’s responsibilities for review and coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager.

§ 10.2 Safety of Persons and Property§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to

.1 employees on the Work and other persons who may be affected thereby;

.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors;

.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and

.4 construction or operations by the Owner or other Contractors.

§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.

§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities.

§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.

§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18.

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§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect.

§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition.

§ 10.2.8 Injury or Damage to Person or PropertyIf either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.

§ 10.3 Hazardous Materials§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB),encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing.

§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify a presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager 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, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resumed upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up.

§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Construction Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity.

§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances.

§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence.

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§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.

§ 10.4 EmergenciesIn an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7.

ARTICLE 11 INSURANCE AND BONDS§ 11.1 Contractor’s Liability Insurance§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

.1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed;

.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees;

.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees;

.4 Claims for damages insured by usual personal injury liability coverage;

.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

.6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and

.7 Claims for bodily injury or property damage arising out of completed operations; and

.8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18.

§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than the following specified coverages and limits of liability or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment and, with respect to the Contractor’s completed operations coverage, for two (2) years after final completion.§ 11.1.2.1 Workers’ Compensation

a. State: Statutory in amounts and coverages required by laws of place of Projectb. Voluntary compensation (by exempt entities): Statutory in amounts and coverages required by laws ofplace of Projectc. Employer’s Liability: $1,000,000 Each Accident

$1,000,000 Disease, policy limit $1,000,000 Disease, each Employee

d. A waiver of subrogation in favor of the Owner and the Owner’s representative’s shall apply.

§ 11.1.2.2 Commercial General Liabilitya. Coverages shall be standard ISO coverages pursuant to CG 00 01 GL or its equivalent current as of the date of this Agreement, including, without limitation, Premises-Operations; Independent Contractors; Products and Completed Operations; Explosion, Collapse and Underground Hazards (XCU); Personal andAdvertising Injury; and Contractual Liability.b. Limits: $1,000,000 Each Occurrence

$2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate

c. Owner, Owner’s representative, the Architect, and Architect’s consultants shall be additional insuredsunder the Commercial General Liability, pursuant to ISO Form CG 2010 10 01 and GC 2037 10 01 or theirequivalent.

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d. Products and Completed Operations insurance shall be maintained for a minimum of two (2) years afterfinal completion and Contractor shall continue to provide evidence of such coverage to the Owner on anannual basis during the aforementioned period. Owner’s and Owner’s representative status as an additionalinsured shall extend through completed operations coverage.e. Contractor’s Commercial General Liability and Umbrella policies shall be primary and any applicablepolicy by Owner shall be secondary and noncontributory.f. Contractor’s General Aggregate to apply on a per project basis.

§ 11.1.2.3 Umbrella Excess Liabilitya. Policy shall be endorsed to apply to this project only.b. Such insurance shall contain a provision that it will not be more restrictive than the primary insurance.c. Coverage should be excess the Commercial General Liability, Employer’s Liability, and BusinessAutomobile Liability.d. Limits: $10,000,000 Over primary insurance

$10,000 Retention for self-insured hazards, each occurrence

§ 11.1.2.4 Business Automobilea. Shall include owned, non-owned, and hired vehiclesb. Owner and Owner’s representative shall be additional insureds under the Business Automobile policy on a primary/non-contributory basis.c. Limits: $1,000,000 Combined Single Limit

§ 11.1.2.5 Contractor’s Pollution Liabilitya. Limits: $1,000,000 Each Occurrence $5,000,000 Aggregate

§ 11.1.2.6 Professional Liability, if applicablea. Limits: $2,000,000 Each Occurrence

$2,000,000 Aggregate

§ 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain, to the fullest extent commercially available, a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner and at least ten (10) days for non-payment of premium. If the insurance carrier is unable to provide, Contractor will be responsible for such notification. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations for a period of at least two (2) years after Final Completion. Additional insured coverage afforded to Owner and other persons pursuant to this Section shall be primary and non-contributory in relation to anyliability policy of Owner.

(Paragraph deleted)§ 11.1.3.1 Contractor shall require its subcontractors to name the Owner and Owner’s representative as additionalinsureds on their Commercial General Liability policies with respect to the subcontractors’ ongoing and completedoperations for a period of at least two (2) years after Final Completion.

§ 11.1.3.2 Contractor shall furnish to the Owner one copy each of Certificates of Insurance herein required which shall specifically set forth evidence of all coverage required by Article 11. The form of the Certificate shall be AIADocument G705 or standard Accord form or its equivalent. Upon Owner’s request, Contractor shall furnish to ownercopies of any policy specified in Article 11 or any endorsements that are subsequently issued amending coverage or its limits.

§ 11.1.3.3 No Work shall commence until all required insurance has been obtained by Contractor and certificates orpolicies provided to the Owner.

§ 11.1.3.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Construction Manager, the Construction Manager’s consultants, the Owner, the Architect, and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions

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during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations.

§ 11.1.3.5 Approval or lack of approval of insurance or receipt or lack of receipt of certificates or policies by owner shall not serve to relieve or decrease liability of Contractor to provide the types of coverages and limits specified under this Article 11. Owner does not in any way represent that the insurance or limits of insurance specified herein are sufficient or adequate to protect the Contractor, but are merely minimums.

§ 11.1.3.6 In addition to what is specified in Article 11, Contractor shall take such steps as it may deem necessary toinsure itself against all special and unusual hazards peculiar to this Project.

§ 11.2 Owner’s Liability InsuranceThe Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance.

§ 11.3 Property Insurance§ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s risk "all risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project.

§ 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake subject to market availability, flood cost feasibility, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the Architect’s, Contractor’s, and Construction Manager’s services and expenses required as a result of such insured loss as well as coverage for building materials while in transit or building materials suitably stored at a temporary location. Property insurance provided by the Owner shall not cover any tools, apparatus, machinery, scaffolding, hoists, forms, staging, shoring, and other similar items commonly referred to as construction equipment that may be on the site and the capital value of which is not included in the Work. The Contractor shall make its own arrangements for any insurance it may require on such construction equipment, which shall not be considered a Cost of the Work. Any such policy obtained by the Contractor under this Section 11.3 shall include a waiver of subrogation in accordance with the requirements of Subparagraph 11.3.7.

§ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto.

§ 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles.

§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit.

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§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance.

§ 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds.

§ 11.3.3 Loss of Use Insurance. The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused.

§ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.(Paragraph deleted)§ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor.

§ 11.3.7 Waivers of Subrogation. Except as what is covered under the builder’s risk written for the work described in this contract, the Contractor shall waive all rights against (1) the Owner and any of its subcontractors, sub-subcontractors, agents, and employees and (2) the Construction Manager, Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss. The Contractor shall require of the Construction Manager, Construction Manager’s consultants, Architect, Architect’s consultants, Owner’s separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.

§ 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.

§ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7.

§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of

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binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or distribution of insurance proceeds in accordance with the direction of the arbitrators.

§ 11.4 Performance Bond and Payment Bond§ 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract.

§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.

§ 11.5 General Requirements

§ 11.5.1 If the Owner or the Contractor is damaged by failure of the other party to purchase or maintain insurancerequired under Article 11, then the party who failed to purchase or maintain the insurance shall bear all reasonablecosts (including attorneys’ fees and court and settlement expenses) properly attributed thereto.

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK§ 12.1 Uncovering of Work§ 12.1.1 If a portion of the Work is covered contrary to the Construction Manager’s or Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by either, be uncovered for their observation and be replaced at the Contractor’s expense without change in the Contract Time.

§ 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs.

§ 12.2 Correction of Work§ 12.2.1 Before or After Substantial CompletionThe Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Construction Manager’s and Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense.

§ 12.2.2 After Substantial Completion§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4.

§ 12.2.2.2 The one-year period shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.

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§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2.

§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.

§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors or other Multiple Prime Contractors caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents.

§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.

§ 12.3 Acceptance of Nonconforming WorkIf the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

ARTICLE 13 MISCELLANEOUS PROVISIONS§ 13.1 Governing LawThe Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.

§ 13.2 Successors and Assigns§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.

§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment.

§ 13.3 Written NoticeWritten notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity or to an officer of the corporation for which it was intended; or if delivered at or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice.

§ 13.4 Rights and Remedies§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.

§ 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing.

§ 13.5 Tests and Inspections§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public

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authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor.

§ 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. Such costs except as provided in Section 13.5.3, shall be at the Owner’s expense.

§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager’s and Architect’s services and expenses shall be at the Contractor’s expense.

§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect.

§ 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing.

§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.

§ 13.6 InterestPayments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

§ 13.7 Time Limits on ClaimsThe Owner and the Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and the Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7.

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT§ 14.1 Termination by the Contractor§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons:

.1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped;

.2 An act of government, such as a declaration of national emergency that requires all Work to be stopped;

.3 Because the Construction Manager has not certified or the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in

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Section 9.4, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or

.4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1.

§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less.

§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, costs incurred by reason of such termination, and damages.

§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3.

§ 14.2 Termination by the Owner for Cause§ 14.2.1 The Owner may terminate the Contract if the Contractor

.1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;

.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors;

.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or

.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.

§ 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety:

.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor;

.2 Accept assignment of subcontracts pursuant to Section 5.4; and

.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work.

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.

§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Construction Manager’s and Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Initial Decision Maker after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract.

§ 14.3 Suspension by the Owner for Convenience§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine.

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§ 14.3.2 The Contract Sum and the Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent:

.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or

.2 that an equitable adjustment is made or denied under another provision of this Contract.

§ 14.4 Termination by the Owner for Convenience§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.

§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall

.1 cease operations as directed by the Owner in the notice;

.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and

.3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.

§ 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.

ARTICLE 15 CLAIMS AND DISPUTES§ 15.1 Claims§ 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract The responsibility to substantiate Claims shall rest with the party making the Claim.

§ 15.1.2 Notice of Claims. Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Construction Manager and Architect, if the Construction Manager and or Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.

§ 15.1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Construction Manager will prepare Change Orders and the Architect will issue a Certificate for Payment or Project Certificate for Payment in accordance with the decisions of the Initial Decision Maker.

§ 15.1.4 Claims for Additional Cost. If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3.

§ 15.1.5 Claims for Additional Time§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary.

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction.

§ 15.1.6 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes

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.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and

.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.

§ 15.2 Initial Decision§ 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner.

§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim.

§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense.

§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part.

§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect and Construction Manager, if the Architect or Construction Manager is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution.

§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.

§ 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision.

§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.

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§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines.

§ 15.3 Mediation§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution.

§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.

§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

§ 15.4 Arbitration§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded.

§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim.

§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof.

§ 15.4.4 Consolidation or Joinder§ 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).

§ 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.

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§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement.

Additions and Deletions Report forAIA® Document A232™ – 2009

This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.

Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:18:59 ET on 07/16/2020.

Additions and Deletions Report for AIA Document A232™ – 2 0 0 9 ™ – 1 9 9 2 ) . (rev. 12/11) (formerly A201 CMa Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:18:59 ET on 07/16/2020 under Order No.1918050788 which expires on 01/17/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1380798251)

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PAGE 1

2019 New Elementary SchoolTBD

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Knutson Construction Services Rochester, Inc.5985 Bandel Road NWRochester, MN 55901

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LHB, Inc.21 West Superior St, Suite 500Duluth, MN 55802PAGE 19

§ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Construction Manager’s and Architect’s consultants, and agents and employees of any of them from (the "Indemnitees") and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) itself), including loss of use therefrom, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18.

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§ 3.18.3 The Contractor shall indemnify all of the Indemnitees from and against any costs and expenses (including reasonable attorneys’ fees) incurred by any of the Indemnitees in enforcing any of the Contractor’s defense, indemnity, and hold-harmless obligations under this Contract.

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§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents.Notwithstanding any other provision of the Agreement or Contract Documents, the Owner and the Contractor agree that there shall be no adjustment in the Contract Time directly or indirectly related to or arising out of the global COVID-19 pandemic and any public health responses thereto (the "Pandemic"), unless Contractor’s performance is specifically prohibited by a governmental action related to the Pandemic. Contractor agrees that, based on the current conditions as of the date of the Agreement and the conditions reasonably anticipated during the duration of the Project, including but not limited to the current and reasonably anticipated conditions related to the Pandemic, Contractor is able to perform the Work in accordance with the Contract Time. Under no circumstances will Contractor be entitled to any adjustment of the Contract Sum directly or indirectly related to or arising out of the Pandemic.PAGE 34

§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than the following specified coverages and limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. for two (2) years after final completion.§ 11.1.2.1 Workers’ Compensation

a. State: Statutory in amounts and coverages required by laws of place of Projectb. Voluntary compensation (by exempt entities): Statutory in amounts and coverages required by laws ofplace of Projectc. Employer’s Liability: $1,000,000 Each Accident

$1,000,000 Disease, policy limit $1,000,000 Disease, each Employee

d. A waiver of subrogation in favor of the Owner and the Owner’s representative’s shall apply.

§ 11.1.2.2 Commercial General Liabilitya. Coverages shall be standard ISO coverages pursuant to CG 00 01 GL or its equivalent current as of the date of this Agreement, including, without limitation, Premises-Operations; Independent Contractors; Products and Completed Operations; Explosion, Collapse and Underground Hazards (XCU); Personal andAdvertising Injury; and Contractual Liability.b. Limits: $1,000,000 Each Occurrence

$2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate

c. Owner, Owner’s representative, the Architect, and Architect’s consultants shall be additional insuredsunder the Commercial General Liability, pursuant to ISO Form CG 2010 10 01 and GC 2037 10 01 or theirequivalent.d. Products and Completed Operations insurance shall be maintained for a minimum of two (2) years afterfinal completion and Contractor shall continue to provide evidence of such coverage to the Owner on anannual basis during the aforementioned period. Owner’s and Owner’s representative status as an additionalinsured shall extend through completed operations coverage.e. Contractor’s Commercial General Liability and Umbrella policies shall be primary and any applicablepolicy by Owner shall be secondary and noncontributory.f. Contractor’s General Aggregate to apply on a per project basis.

§ 11.1.2.3 Umbrella Excess Liabilitya. Policy shall be endorsed to apply to this project only.b. Such insurance shall contain a provision that it will not be more restrictive than the primary insurance.c. Coverage should be excess the Commercial General Liability, Employer’s Liability, and BusinessAutomobile Liability.d. Limits: $10,000,000 Over primary insurance

$10,000 Retention for self-insured hazards, each occurrence

§ 11.1.2.4 Business Automobilea. Shall include owned, non-owned, and hired vehicles


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b. Owner and Owner’s representative shall be additional insureds under the Business Automobile policy on a primary/non-contributory basis.c. Limits: $1,000,000 Combined Single Limit

§ 11.1.2.5 Contractor’s Pollution Liabilitya. Limits: $1,000,000 Each Occurrence $5,000,000 Aggregate

§ 11.1.2.6 Professional Liability, if applicablea. Limits: $2,000,000 Each Occurrence

$2,000,000 Aggregate

§ 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain contain, to the fullest extent commercially available, a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. the Owner and at least ten (10) days for non-payment of premium. If the insurance carrier is unable to provide, Contractor will be responsible for such notification. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness.operations for a period of at least two (2) years after Final Completion. Additional insured coverage afforded to Owner and other persons pursuant to this Section shall be primary and non-contributory in relation to anyliability policy of Owner.

§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Construction Manager, the Construction Manager’s consultants, the Owner, the Architect, and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations.

§ 11.1.3.1 Contractor shall require its subcontractors to name the Owner and Owner’s representative as additionalinsureds on their Commercial General Liability policies with respect to the subcontractors’ ongoing and completedoperations for a period of at least two (2) years after Final Completion.

§ 11.1.3.2 Contractor shall furnish to the Owner one copy each of Certificates of Insurance herein required which shall specifically set forth evidence of all coverage required by Article 11. The form of the Certificate shall be AIADocument G705 or standard Accord form or its equivalent. Upon Owner’s request, Contractor shall furnish to ownercopies of any policy specified in Article 11 or any endorsements that are subsequently issued amending coverage or its limits.

§ 11.1.3.3 No Work shall commence until all required insurance has been obtained by Contractor and certificates orpolicies provided to the Owner.

§ 11.1.3.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Construction Manager, the Construction Manager’s consultants, the Owner, the Architect, and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations.

§ 11.1.3.5 Approval or lack of approval of insurance or receipt or lack of receipt of certificates or policies by owner shall not serve to relieve or decrease liability of Contractor to provide the types of coverages and limits specified under this Article 11. Owner does not in any way represent that the insurance or limits of insurance specified herein are sufficient or adequate to protect the Contractor, but are merely minimums.

§ 11.1.3.6 In addition to what is specified in Article 11, Contractor shall take such steps as it may deem necessary to


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insure itself against all special and unusual hazards peculiar to this Project.

PAGE 36

§ 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, earthquake subject to market availability, flood cost feasibility, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the Architect’s, Contractor’s, and Construction Manager’s services and expenses required as a result of such insured loss. loss as well as coverage for building materials while in transit or building materials suitably stored at a temporary location. Property insurance provided by the Owner shall not cover any tools, apparatus, machinery, scaffolding, hoists, forms, staging, shoring, and other similar items commonly referred to as construction equipment that may be on the site and the capital value of which is not included in the Work. The Contractor shall make its own arrangements for any insurance it may require on such construction equipment, which shall not be considered a Cost of the Work. Any such policy obtained by the Contractor under this Section 11.3 shall include a waiver of subrogation in accordance with the requirements of Subparagraph 11.3.7.PAGE 37

§ 11.3.3 Loss of Use Insurance. The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused.

…

§ 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise.

§ 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees each of the other, Except as what is covered under the builder’s risk written for the work described in this contract, the Contractor shall waive all rights against (1) the Owner and any of its subcontractors, sub-subcontractors, agents, and employees and (2) the Construction Manager, Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, loss. The Contractor shall require of the Construction Manager, Construction Manager’s consultants, Architect, Architect’s consultants, Owner’s separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.PAGE 38

§ 11.5 General Requirements

§ 11.5.1 If the Owner or the Contractor is damaged by failure of the other party to purchase or maintain insurance


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required under Article 11, then the party who failed to purchase or maintain the insurance shall bear all reasonablecosts (including attorneys’ fees and court and settlement expenses) properly attributed thereto.

™ – 2 0 0 3 .AIA Document D401 Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:18:59 ET on 07/16/2020 under Order No.1918050788 which expires on 01/17/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1380798251)

1

’Certification of Document s AuthenticityAIA® ™ – 2003 Document D401

I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:18:59 ET on 07/16/2020 under Order No. 1918050788 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A232™ – 2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report.

_____________________________________________________________(Signed)

_____________________________________________________________(Title)

_____________________________________________________________(Dated)


00 7300- 1 Supplementary Conditions (REVISED PER ADDENDUM 03)

SECTION 00 7300

SUPPLEMENTARY CONDITIONS

(REVISED PER ADDENDUM 03)

PART 1 GENERAL

1.01 SUMMARY

A. These Supplementary Conditions amend and supplement the General Conditions defined in Document 00 7200 - General Conditions of the Contract for Construction (AIA Document A232-2009) and other provisions of the Contract Documents as indicated below. Provisions that are not so amended or supplemented remain in full force and effect.

B. The terms used in these Supplementary Conditions that are defined in the General Conditions have the meanings assigned to them in the General Conditions.

C. A copy of the General Conditions of the Contract for Construction can be obtained at the office of the Architect.

1.02 MODIFICATIONS TO GENERAL CONDITIONS

1.03 MODIFICATIONS TO AIA A232-2009

1.04 SECTION 1.1 - BASIC DEFINITIONS

A. Add the following subparagraph:

1.1.9 Workmanship.

.1 All Work is to be completed in a professional manner by a skilled and experienced craftsman in accordance with the manufacturer's installations instructions.

.2 All pipes, conduits, ducts, and supports are to be installed parallel or perpendicular to the building lines while maintaining the integrity of the installation.

1.05 SECTION 1.2 - CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS


1.2.1.1 If there is an inconsistency in the quality and/or quantity of Work required by the Contract Documents, either the greater quality and/or quantity of Work indicated shall be provided in accordance with the Architect's interpretation without change in the contract sum.

B. Add the following subparagraph:

1.2.4: In case of work or materials that are indicated in the Construction Documents to be provided by more than one Contractor, each Contractor shall have been deemed to have included the item(s), and the Construction Manager shall determine which Contractor shall provide the item and which Contractor(s) shall provide the credit for the item.

1.06 SECTION 1.6 TRANSMISSION OF DATA IN DIGITAL FORM


1.6.1: A written notice can be in a written letter format, e-mail, or any format that confirms notice was given and received.

1.07 SECTION 3.4 – LABOR AND MATERIALS


3.4.4: Overtime: Should the Contract Documents require work to be performed after regular working hours, or should the Contractor elect to perform Work after regular working hours, the additional cost of such work shall be borne by the Contractor. This includes work performed after regular hours as need to meet the project schedule (even if requested by the Construction Manager).



1.08 SECTION 7.2 - CHANGE ORDERS

A. Section 7.2 is deleted and replaced with the following:

1. 7.2 Change Orders

7.2.1. A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following:

.1 The change in the Work;

.2 The amount of the adjustment, if any, in the Contract Sum; and

.3 The extent of the adjustment, if any, in the Contract Time.

7.2.2. The following fees apply to Changes in the Work:

.1 A 10 percent maximum on overhead and profit for the direct cost of Work

performed by a Contractor or Subcontractor;

.2 A 5 percent maximum overhead and profit on indirect costs of a Contractor's

Subcontractors;

.3 The total mark-up shall not exceed 20 percent and all mark-ups are subject

to the Architect approval.

.4 On Work deleted from the Contract, credit to the Owner shall be the Architect

approved net cost plus 1/2 of the overhead and profit percentage noted above.

2. In the case of an increase or decrease in the Contract Sum, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data, showing adjustments on the basis of reasonable expenditures and savings of those performing the Work attributable to the change.

1.09 SECTION 7.3 - CONSTRUCTION CHANGE DIRECTIVES

A. Add the following subparagraphs:

7.3.11: The following fees apply to Changes in the Work in accordance with Subparagraph

a. A 10 percent maximum on overhead and profit for the direct cost of Work performed by a Contractor or Subcontractor;

b. A 5 percent maximum overhead and profit on indirect costs of a Contractor's Subcontractor;

c. The total mark-up shall not exceed 20 percent and all mark-ups are subject to the Architect approval.

7.3.12 In the case of an increase or decrease in the contract sum, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data, showing adjustments on the basis of reasonable expenditures and savings of those performing the Work attributable to the change.

7.3.13 As a minimum, the detailed breakdown shall include and indicate the items enumerated below. Items (a) and (b) constitute the cost of labor, and items (a), (b), (c), (d) constitute the basic costs referred to under this Article 7.

(a) Labor costs, itemized by each trade involved, showing the hourly rates for each, and the hours required for the change. Labor rates shall be the same for extra and credit computations and shall be the actual rate paid the workman in accordance with established management labor agreements

(b) Burden on labor, which shall be only the actual costs of mandatory fringe benefits required by established agreements, taxes on labor, worker’s or workmen’s compensation, insurance on labor as affected on payroll, unemployment taxes and insurance, including FICA and FUTA. No other costs will be allowed as burden on labor

(c) Quantities of materials, equipment and supplies, at their actual costs, with unit cost indicated

(d) The cost of subcontracted work, computed in the same way as provided for under this subparagraph 7.3.11.



(e) Overhead, profit and commission

(f) Applicable sales tax on materials, added after the above computations are complete.

7.3.14 The percentages allowed for overhead, profit or commission under subparagraph 7.3.13 shall be deemed to include, and no further addition allowed the Contractor, Subcontractor or Sub-Subcontractors for: (1) Field and Office supervision and administration, including the field superintendent and non-working foremen; (2) general insurance, except that listed as the labor burden; (3) use or replacement of tools; (4) shop burden; (5) engineering costs; (6) performance (guaranty) and labor/material payment bonds; (7) cost of safety measures (including those imposed by OSHA); (8) permits, unless a new permit type is required; (9) or any other costs except those enumerated under clause 7.3.11.

1.10 ARTICLE 8 - TIME


8.2.4: Contract Time is identified in Section 00 1110 – Project schedule

1.13 ARTICLE 11 - INSURANCE AND BONDS

A. Delete Section 11.4.1 and replace it with the following:

11. 4: The Owner shall require the Contractor to furnish a Payment Bond and Performance Bond (the “Bonds”) covering faithful performance of the Contract and payment of obligations arising thereunder. The following requirements shall apply to the Bonds:

a. The Bonds must be in a standard surety bond form.

b. The Performance Bond must be in the full amount (100%) of the Contract Sum.

c. The Payment Bond must be in the full amount (100%) of the Contract Sum.

d. Contractor shall deliver copies of the bonds to the Owner prior to the commencement of the Work.

1.14 SECTION 13.3 WRITTEN NOTICE

A. Section 13.3 is deleted and replaced with the following:

Written notice shall be deemed to have been duly served if: (a) delivered in person to the individual, to a member of the firm or entity or to an officer of the corporation for which it was intended; (b) sent by registered or certified mail or by courier service, provided that sender receives and can produce proof of delivery to the last business address known to the party giving notice; or (c) sent by e-mail, provided that the sender has receives and can produce confirmation of the delivery.

1.14 SECTION 14.2 TERMINATION BY THE OWNER FOR CAUSE

A. In subparagraph 14.2.2, delete the word “seven” and substitute “72 hours”

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION - NOT USED

END OF SECTION 00 7300


01 1110 - 1 PROJECT SCHEDULE

SECTION 01 1110

PROJECT SCHEDULE

1. SUMMARY

A. All Contractors are required to complete all work in accordance with the Schedule issued

as a part of these Contract Documents. Bidders shall include in their price all overtime, material/equipment fabrication or procurement time, worker delays, on-site coordination, interfacing with other Contractors and all other factors necessary to adhere to this schedule.

B. The substantial completion date for this project is August 6, 2021.

END OF SECTION

NW Elementary School Printed: 7/16/2020

Line Name Duration Start Finish

2020 2021

J J A S O N D J F M A M J J A S OM N

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2019 New Elementary School

Design Milestones

Bidding Phase

Bid Package #1

Board Approval of BP #1

Bid Package #2

Board Approval of BP #2

Construction

Site Work

Mobilize / Site Clearing

Parking Lot / Drive Subgrade

Soil Correction

Site Utilities

Install Ring Road

Pour Transformer Pad / Pull Primaries

Prep For Site Concrete

Light Pole Bases

Fiber / Phone Lines

Install Gas Line / Meter

Site Concrete

Final Grade Ball Fields

Seed Ball Fields

Asphalt Base Course

Exterior Buidling Signage

Playground Equipment

Final Grade Site

Landscaping

Asphalt Wear Course

Striping / Signage

Core and Shell

Footings / Foundations - Area C

Footings / Foundations - Area A

Footings / Foundations - Area B

Footings / Foundations - Area D

355d

80d

78d

15d

16d

298d

244d

5d

25d

25d

35d

35d

12d

10d

7d

11d

9d

15d

10d

10d

5d

10d

10d

5d

15d

5d

5d

120d

10d

10d

10d

10d

05/19/20

05/19/20

06/30/20

06/30/20 *

08/04/20

09/15/20 *

10/20/20

08/10/20

08/10/20

08/10/20 *

08/17/20

08/17/20

09/15/20

09/28/20

11/03/20

05/03/21 *

05/03/21

05/03/21

05/03/21

05/14/21

05/14/21

05/28/21

06/07/21

06/07/21

06/07/21

06/14/21

06/21/21

07/13/21

07/20/21

09/21/20

09/21/20

10/05/20

10/19/20

11/02/20

10/11/21

09/11/20

10/20/20

07/21/20

08/04/20

10/06/20

10/20/20

10/11/21

07/26/21

08/14/20

09/21/20

09/21/20

11/02/20

11/13/20

11/18/20

05/14/21

05/11/21

05/17/21

05/13/21

06/04/21

05/27/21

06/11/21

06/11/21

06/18/21

06/18/21

06/18/21

07/12/21

07/19/21

07/26/21

03/11/21

10/02/20

10/16/20

10/30/20

11/13/20

2019 New Elementary School 355d

Design Milestones 80d

Bidding Phase 78d

Bid Package #1 15d

Board Approval of BP #1 0d

Bid Package #2 16d


Construction 298d

Site Work 244d

Mobilize / Site Clearing 5d

Parking Lot / Drive Subgrade 25d

Soil Correction 25d

Site Utilities 35d

Install Ring Road 35d

Pour Transformer Pad / Pull Primaries 12d

Prep For Site Concrete 10d

Light Pole Bases 7d

Fiber / Phone Lines 11d

Install Gas Line / Meter 9d

Site Concrete 15d

Final Grade Ball Fields 10d

Seed Ball Fields 10d

Asphalt Base Course 5d

Exterior Buidling Signage 10d

Playground Equipment 10d

Final Grade Site 5d

Landscaping 15d

Asphalt Wear Course 5d

Striping / Signage 5d

Core and Shell 120d

Footings / Foundations - Area C 10d

Footings / Foundations - Area A 10d

Footings / Foundations - Area B 10d

Footings / Foundations - Area D 10d

2019 New Elementary School 355d

+ +Design Milestones 80d

Bidding Phase 78d

Bid Package #1 15d


Bid Package #2 16d


Construction 298d

Site Work 244d

Mobilize / Site Clearing 5d

Parking Lot / Drive Subgrade 25d

Soil Correction 25d

Site Utilities 35d

Install Ring Road 35d

Pour Transformer Pad / Pull Primaries 12d

Prep For Site Concrete 10d

Light Pole Bases 7d

Fiber / Phone Lines 11d

Install Gas Line / Meter 9d

Site Concrete 15d

Final Grade Ball Fields 10d

Seed Ball Fields 10d

Asphalt Base Course 5d

Exterior Buidling Signage 10d

Playground Equipment 10d

Final Grade Site 5d

Landscaping 15d

Asphalt Wear Course 5d

Striping / Signage 5d

Core and Shell 120d

Footings / Foundations - Area C 10d

Footings / Foundations - Area A 10d

Footings / Foundations - Area B 10d

Footings / Foundations - Area D 10d



2020 2021


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Structural Steel - First Level & (Alternate Steel ifAccepted)

Set Glulam Structure

Set Precast Walls/Grout

Set Precast Plank

Structural Steel/Joist/Deck - Second Level

Roofing

Windows / Curtainwalls

First Level

Underground MEP

Pour SOG

CMU Walls

Install Stairs

Overhead MEP Rough Ins

Frame Walls

MEP In Wall Rough ins

Sheetrock and Tape

Painting

Terrazzo Flooring (Alternate if Accepted)

Polished Concrete

Ceiling Grid

Ceramic Tile

Casework

Accessories / Display Boards

MEP Finishes

Install Interior Storefronts

Kitchen Equipment

Flooring

Install Kitchen Equipment

Division 10 Install

Doors and Hardware

Acoustical Panels

Install Elevator

Drop Ceiling Tile

Final Clean / Punchlist

20d

20d

20d

20d

15d

40d

40d

125d

30d

20d

20d

10d

60d

25d

25d

25d

20d

15d

15d

20d

25d

25d

25d

35d

15d

15d

30d

20d

24d

20d

15d

15d

10d

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11/16/20

11/16/20

11/17/20

12/16/20

01/08/21

01/15/21

01/15/21

12/15/20

12/15/20

01/07/21

01/14/21

02/04/21

01/14/21

01/14/21

01/28/21

02/11/21

03/04/21

03/11/21

03/11/21

03/18/21

03/18/21

03/18/21

03/18/21

03/18/21

04/01/21

04/01/21

04/01/21

04/08/21

04/08/21

04/15/21

04/22/21

04/22/21

05/13/21

05/20/21

12/15/20

12/15/20

12/16/20

01/14/21

01/28/21

03/11/21

03/11/21

06/10/21

01/27/21

02/03/21

02/10/21

02/17/21

04/07/21

02/17/21

03/03/21

03/17/21

03/31/21

03/31/21

03/31/21

04/14/21

04/21/21

04/21/21

04/21/21

05/05/21

04/21/21

04/21/21

05/12/21

05/05/21

05/11/21

05/12/21

05/12/21

05/12/21

05/26/21

06/10/21

Structural Steel - First Level & (Alternate Steel if Accepted) 20d

Set Glulam Structure 20d

Set Precast Walls/Grout 20d

Set Precast Plank 20d

Structural Steel/Joist/Deck - Second Level 15d

Roofing 40d

Windows / Curtainwalls 40d

First Level 125d

Underground MEP 30d

Pour SOG 20d

CMU Walls 20d

Install Stairs 10d

Overhead MEP Rough Ins 60d

Frame Walls 25d

MEP In Wall Rough ins 25d

Sheetrock and Tape 25d

Painting 20d

Terrazzo Flooring (Alternate if Accepted) 15d

Polished Concrete 15d

Ceiling Grid 20d

Ceramic Tile 25d

Casework 25d

Accessories / Display Boards 25d

MEP Finishes 35d

Install Interior Storefronts 15d

Kitchen Equipment 15d

Flooring 30d

Install Kitchen Equipment 20d

Division 10 Install 24d

Doors and Hardware 20d

Acoustical Panels 15d

Install Elevator 15d

Drop Ceiling Tile 10d

Final Clean / Punchlist 15d

Structural Steel - First Level & (Alternate Steel if Accepted) 20d

Set Glulam Structure 20d

Set Precast Walls/Grout 20d

Set Precast Plank 20d

Structural Steel/Joist/Deck - Second Level 15d

Roofing 40d

Windows / Curtainwalls 40d

First Level 125d

Underground MEP 30d

Pour SOG 20d

CMU Walls 20d

Install Stairs 10d


Frame Walls 25d



Painting 20d



Ceiling Grid 20d

Ceramic Tile 25d

Casework 25d


MEP Finishes 35d

Install Interior Storefronts 15d

Kitchen Equipment 15d

Flooring 30d

Install Kitchen Equipment 20d




Install Elevator 15d





2020 2021


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Second Level

Pour Topping Slab

CMU Walls

Overhead MEP Rough Ins

Frame Walls

MEP In Wall Rough ins

Sheetrock and Tape

Painting

Terrazzo Flooring (Alternate if Accepted)

Polished Concrete

Ceiling Grid

Ceramic Tile

Casework

Accessories / Display Boards

MEP Finishes

Flooring

Division 10 Install

Doors and Hardware

Acoustical Panels

Drop Ceiling Tile

Final Clean / Punchlist

Gym Finishes

Painting

MEP Finishes

Gym Equipment (Hoops, Nets, Pads, Panels, Etc.)

Flooring

Turnover

Start Gym Mechanical

Start Mechanical Units

Test and Balance

Commissioning

Final Inspections

Owner Move In

115d

20d

20d

60d

25d

25d

25d

20d

15d

15d

20d

25d

25d

25d

35d

30d

25d

20d

20d

10d

15d

115d

10d

20d

20d

20d

75d

5d

10d

20d

60d

10d

15d

02/04/21

02/04/21

02/11/21

02/18/21

02/18/21

03/04/21

03/18/21

04/08/21

04/08/21

04/08/21

04/22/21

04/22/21

04/22/21

04/22/21

04/22/21

05/06/21

05/06/21

05/20/21

05/27/21

06/18/21

06/25/21

02/11/21

02/11/21

02/25/21

03/25/21

06/25/21

06/25/21

06/25/21

07/02/21

07/19/21

07/19/21

07/26/21

07/26/21

07/16/21

03/03/21

03/10/21

05/12/21

03/24/21

04/07/21

04/21/21

05/05/21

04/28/21

04/28/21

05/19/21

05/26/21

05/26/21

05/26/21

06/10/21

06/17/21

06/10/21

06/17/21

06/24/21

07/01/21

07/16/21

07/23/21

02/24/21

03/24/21

04/21/21

07/23/21

10/11/21

07/01/21

07/16/21

08/13/21

10/11/21

08/06/21

08/13/21

Second Level 115d

Pour Topping Slab 20d

CMU Walls 20d


Frame Walls 25d



Painting 20d



Ceiling Grid 20d

Ceramic Tile 25d

Casework 25d


MEP Finishes 35d

Flooring 30d






Gym Finishes 115d

Painting 10d

MEP Finishes 20d

Gym Equipment (Hoops, Nets, Pads, Panels, Etc.) 20d

Flooring 20d

Turnover 75d

Start Gym Mechanical 5d

Start Mechanical Units 10d

Test and Balance 20d

Commissioning 60d

Final Inspections 10d

Owner Move In 15d

Second Level 115d

Pour Topping Slab 20d

CMU Walls 20d


Frame Walls 25d



Painting 20d



Ceiling Grid 20d

Ceramic Tile 25d

Casework 25d


MEP Finishes 35d

Flooring 30d






Gym Finishes 115d

Painting 10d

MEP Finishes 20d

Gym Equipment (Hoops, Nets, Pads, Panels, Etc.) 20d

Flooring 20d

Turnover 75d

Start Gym Mechanical 5d

Start Mechanical Units 10d

Test and Balance 20d

Commissioning 60d

Final Inspections 10d

Owner Move In 15d

RPS 2019 Elementary SchoolBid Package 1LHB Project No. 190941

03 4500 - 1 PRECAST ARCHITECTURALCONCRETE (REVISED PER

ADDENDUM 03)

SECTION 03 4500PRECAST ARCHITECTURAL CONCRETE (REVISED PER ADDENDUM 03)

PART 1 GENERAL1.01 SECTION INCLUDES

A. Architectural precast concrete wall panels and . .B. Supports, anchors, and attachments.C. Intermediate and perimeter joint seals.D. Grouting under panels.E. Design, manufacture, transportation and erection.

1.02 REFERENCE STANDARDSA. ACI 301 - Specifications for Structural Concrete; 2010 (Errata 2012).B. ACI 318 - Building Code Requirements for Structural Concrete and Commentary; 2011.C. ASHRAE Std 90.1 - Energy Standard for Buildings Except Low-Rise Residential Buildings;

2013, Including All Addenda.D. ASTM A36/A36M - Standard Specification for Carbon Structural Steel; 2014.E. ASTM A123/A123M - Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and

Steel Products; 2015.F. ASTM A153/A153M - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel

Hardware; 2009.G. ASTM A 325 - Standard Specification for Structural Bolts, Steel, Heat Treated, 120/105 ksi

Minimum Tensile Strength; 2007a.H. ASTM A 325M - Standard Specification for Structural Bolts, Steel, Heat Treated 830 MPa

Tensile Strength (Metric); 2007.I. ASTM A 416/A 416M - Standard Specification for Steel Strand, Uncoated Seven-Wire for

Prestressed Concrete; 2002.J. ASTM A563 - Standard Specification for Carbon and Alloy Steel Nuts; 2007a (Reapproved

2014).K. ASTM A563M - Standard Specification for Carbon and Alloy Steel Nuts [Metric]; 2007.L. ASTM A615/A615M - Standard Specification for Deformed and Plain Carbon Steel Bars for

Concrete Reinforcement; 2015.M. ASTM A775/A775M - Standard Specification for Epoxy-Coated Steel Reinforcing Bars; 2007b

(Reapproved 2014).N. ASTM A1064/A1064M - Standard Specification for Carbon-Steel Wire and Welded Wire

Reinforcement, Plain and Deformed, for Concrete; 2015.O. ASTM C31/C31M - Standard Practice for Making and Curing Concrete Test Specimens in the

Field; 2012.P. ASTM C33/C33M - Standard Specification for Concrete Aggregates; 2013.Q. ASTM C143/C143M - Standard Test Method for Slump of Hydraulic-Cement Concrete; 2012.R. ASTM C150/C150M - Standard Specification for Portland Cement; 2015.S. ASTM C260/C260M - Standard Specification for Air-Entraining Admixtures for Concrete; 2010a.T. ASTM C330/C330M - Standard Specification for Lightweight Aggregates for Structural

Concrete; 2014.U. ASTM C618 - Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan

for Use in Concrete; 2015.



ADDENDUM 03)

V. ASTM C979/C979M - Standard Specification for Pigments for Integrally Colored Concrete;2010.

W. ASTM C989/C989M - Standard Specification for Slag Cement for Use in Concrete and Mortars;2014.

X. ASTM D3963/D3963M - Standard Specification for Fabrication and Jobsite Handling ofEpoxy-Coated Reinforcing Steel Bars; 2001 (Reapproved 2007).

Y. ASTM F436/F436M - Standard Specification for Hardened Steel Washers Inch and MetricDimensions; 2016.

Z. ASTM F436 - Standard Specification for Hardened Steel Washers; 2011.AA. AWS D1.1/D1.1M - Structural Welding Code - Steel; 2015.AB. AWS D1.4/D1.4M - Structural Welding Code - Reinforcing Steel; 2011.AC. IAS AC157 - Accreditation Criteria for Fabricator Inspection Programs for Reinforced and

Precast/Prestressed Concrete; 2010.AD. PCI MNL-117 - Manual for Quality Control for Plants and Production of Architectural Precast

Concrete Products; 2007.AE. PCI MNL-120 - PCI Design Handbook - Precast and Prestressed Concrete; 2010, Seventh

Edition.AF. PCI MNL-122 - Architectural Precast Concrete; 2007, Third Edition.AG. PCI MNL-123 - Design and Typical Details of Connections for Precast and Prestressed

Concrete; 1988, Second Edition.AH. PCI MNL-135 - Tolerance Manual for Precast and Prestressed Concrete Construction; 2000.

1.03 DESIGN REQUIREMENTSA. Design units to withstand design loads as calculated in accordance with IBC 2009 code, and

erection forces. Calculated structural properties of units in accordance with ACI 318.B. Design units to withstand static loads and anticipated dynamic loading, including positive and

negative wind loads and thermal movement loads.C. Design and size components withstand seismic loads and sway displacement as calculated in

accordance with IBC 2009 code.D. Design units to required fire ratings as indicated on drawings.E. Design units to accommodate construction tolerances, deflection of building structural

members, and clearances of intended openings.F. Design component connections to accommodate building movement and thermal movement.

Provide adjustment to accommodate misalignment of structure without unit distoration ordamage.

1.04 ADMINISTRATIVE REQUIREMENTSA. Coordination: Coordinate openings sizes and locations, attachment of related items, and other

work related to the fabrication and installation of precast concrete units including the following:1. Cast-In Electrical Devices: Coordinate the locatio of cast-in electrical conduit and junction

boxes. Provide panel layout drawings and elevations to Electrical Contractor a minimumof one week prior to casting. Notify Electrical Contractor a minimum of 48 hours prior tocasting so they can travel to site, and provide and install electrical items in casting forms.

2. Mechanical and Plumbing Penetrations.3. Sequencing: Furnish loose connection hardware and anchorage items to be embedded

inor attached to other construction without delating the work. Provide setting diagrams,templates, instructions, and directions, as required for installation.

B. Preinstallation Meeting: Convene one week prior to commencing work of this section. Reviewthe following items:1. Review shop drawings and installation details.



ADDENDUM 03)

2. Anchor and weld plate locations.3. Opening locations including those cut in the field.4. Limitations on field cutting and core drilling.5. Site access requirements and obstructions including but not limited to the following:

a. Access roads and maintenance thereof.b. Protection and repair of existing paving.c. Dewatering of footing trenches.d. Job site snow removal.e. Job site debris removal.f. Overhead obstructions including power lines.

6. Cold weather grouting requirements and expectations.7. Cleaning responsibilities and expectations.

1.05 SUBMITTALSA. See Section 01 3000 - Administrative Requirements, for submittal procedures.B. Product Data: Manufacturer's information on accessory products, including pigments,

admixtures, inserts, plates, etc.C. Shop Drawings: Indicate layout, unit locations, configuration,unit identification

marks,reinforcement, integral insulation, insulated panel system connectors, connection details,support items, location of lifting devices, dimensions, openings, and relationship to adjacentmaterials. Provide erection drawings.1. Separately elevate and dimension each type of unit. Indicate location of each unit on

overall layout by using the same identification mark placed on the actual unit.2. Detail head/jam/sill for each type of cast-in-window and door opening including blocking

and finsh intentions.3. Indicate all cast-in openings 12 inches or larger in dimension. Label each opening as

"cast-in". Generally note all other non-cast-in openings are to be cut in the field by relatedtrades after approval by precast engineer.

4. Indicate welded connections by AWS standard symbols and show size, length, and type ofeach weld.

5. Indicate locations of and detail hardware and anchorage devices to be cast-in precast unitswith relaionship to structure.

6. Indicate llocations of and detail hardware and ancnorage devices to be embedded into ouattached to structure or other construction with relationship to structure.

7. Schedule loose hardware and anchorage devies to be installed by others. Includ inschedule: identification marks, item descriptions, and total quantities.

8. Indicate locations of and detail lifting and handling devices. Use side or edge devices at alllocations to minimize unsightly patching at exposed faces. Any face locations must bepreapproved by the Architect.

9. Indicate sections and details showing quantities andposition of reinforceing steel andrelated items including special reinforcement.

10. Indicate locations of and detail solid concrete and reduced insulation zones. Thes types ofzones are unacceptable unless absolutely necessary and must be prapproved by Ownerand Architect prior to fabrication.

11. Indicate shim sizes and grouting sequence.12. Handling procedures, sequence of erection, and bracing plan.

D. Comprehensive Engineering: Signed and sealed by a professional engineer responsible for itspreparation. Include all dead, live, and other applicable loads used in the design. Indicateloading on shop drawings.

E. Design Modifications: If design modifications are proposed to meet performance requirementsand field conditions, notify the Architect immediately and submit design calculations anddrawings. Do not adversely affect the appearance, durability or strength of units whenmodifying details or materials. Maintain the general design concept when altering size of unitsand alignment.



ADDENDUM 03)

F. Samples: Submit two samples for each shape/finish, 12 inch in size, illustrating surface finish,color and texture.

G. Maintenance Data: Indicate surface cleaning instructions.H. Design panels to accommodate ventilation ductwork cast penetrations.

1.06 QUALITY ASSURANCEA. Design Engineer Qualifications: Design precast concrete units under direct supervision of a

Professional Engineer experienced in design of precast concrete and licensed in the State inwhich the Project is located.

B. Perform the work of this section in accordance with PCI MNL-116, PCI MNL-120, PCI MNL-122,PCI MNL-123, PCI MNL-135, and ACI 318. Perform welding in accordance with AWS D1.1.

C. Fabricator Qualifications:1. Firm having at least 5 years ofdocumented experience in production of precast concrete of

the type required.2. Plant certified under Precast/Prestressed Concrete Institute Plant Certification Program;

product group and category A1 - Architectural Precast Concrete.D. Insulated Panel System Installer Qualifications: Company specializing in fabrication of

integrally insulated panel system specified in this section, with not less than three years ofexperience and approved by system manufacturer.

E. Erector Qualifications: Company specializing in erecting products of this section with not lessthan five years documented experience.

F. Welder Qualifications: Qualified within previous 12 months in accordance with AWSD1.1/D1.1M and AWS D1.4/D1.4M.

G. Calculated Fire-Test-Response Characteristics: Where indicated, provide precast architecturalconcrete units whose fire resistance has been calculated according to PCI MNL124, "Design forFire Resistance of Precast Prestressed Concrete," and is acceptable to authorities havingjurisdiction.

1.07 MOCK-UPA. Provide mock-up for each panel color including finishes, minimum of 8 feet long by 8 feet wide,

with lifting device, and attachment points, and finish in accordance with approved sample.B. Include mock-up panel with typical window.

1.08 DELIVERY, STORAGE, AND HANDLINGA. Handling: Lift and support precast units only from support points. Support points to be above

ceiling elevation or below slab/grade to avoid unsightly patching.B. Blocking and Lateral Support During Transport and Storage: Use materials that are clean,

non-staining, and non-harmful to exposed surfaces. Provide temporary lateral support toprevent bowing and warping.

C. Protect units to prevent staining, chipping, or spalling of concrete.D. Mark units with date of production in location that will be concealed after installation.

PART 2 PRODUCTS2.01 MANUFACTURERS

A. Architectural Precast Concrete:1. Wells Concrete Products Company, Wells, MN (800) 658-7049.2. County Materials Corporation, Marathon, WI (800) 289-25693. Gage Brothers Concrete Products, Inc., Sioux Falls, SD (605) 336-1180.4. Substitutions: See Section 01 6000 - Product Requirements.

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ADDENDUM 03)

2.02 PRECAST UNITS, GENERALA. Precast Architectural Concrete Units: Comply with PCI MNL-116, PCI MNL-120, PCI MNL-122,

PCI MNL-123, PCI MNL-135, and ACI 318.1. Design Loads: Static loads, anticipated dynamic loading, including positive and negative

wind loads, thermal movement loads, and erection forces as defined by applicable code.2. Calculate structural properties of units in accordance with ACI 318.3. Replace as much portland cement as possible with fly ash, ground granulated blast

furnace slag, silica fume, or rice hull ash as is consistent with strength and appearancerequirements.

4. Accommodate construction tolerances, deflection of building structural members, andclearances of intended openings.

5. Provide connections that accommodate building movement and thermal movement andadjust to misalignment of structure without unit distortion or damage.

B. Insulated Wall Panels:1. Size/Shape/Profile: As indicated on the drawings.2. Panel Width: as noted in drawings3. Overall Thickness: 12/14 inch thick unless noted otherwise: 3 inche exterior wythe, 3 inch

insulation, and 6/8 inch interior structural wythe, unless noted otherwise. Thickness maychange per design requirements.

4. Form Side Architectural Finish: As indicated on the drawings, refer to finish descriptiontypes below.

5. Form Side Architectural Color: As indicated on above.6. Screed Side Finish: Standard Float (Architectural Grade), refer to description below.7. Screed Side Color: Gray.

C. Non-Insulated Wall Panels:1. Size/Shape/Profile: As indicated on the drawings.2. Panel Width: as noted in drawings3. Overall Thickness: 6/8/12 inch thick unless noted otherwise. Thickness may change per

design requirements.4. Form Side Non-Architectural Finish: Grade B (PCI), refer to description types below.5. Form Side Non-Architectural Color: Gray.6. Screed Side Finish: Standard Float (Architectural Grade), refer to description below.7. Screed Side Color: Gray.

D. Form Side "Architectural Finish Type" descriptions:1. Reveals: As indicated on the drawings; maximum 1/2 inch deep for 3 inch thick exterior

concrete wythe.E. Form Side Non-Architectural Finishes "By PCI".

1. Grade B (PCI): All air holes over 1/4 inch in size should be filled. Air holes between 1/8and 1/4 inch in width that occur in high concentration (more than one per 2 square inches)should be filled. Surface blemishes due to holes or dents in form should be repaired. Discoloration should be permitted at form joints.

F. Screed Side Non-Architectural Finishes "By Description"1. Standard Float (Architectural Grade): Screed or float finish uniformed surfaces. Strike off

and consolidate concrete with vibrating screeds to a uniform finish, float finish, if required. Hand screed at projections. Normal color variations, minor indentations, minor chips, andspalls are permitted. No major imperfections, honeycombing, or defects are permitted.

G. Finish Type A: Acid wash medium exposure. Ensure exposed-to-view finish surfaces of precastunits are uniform in color and appearance.

H. Finish Type C: Sand blast exposed-to-view precast unit surfaces at picture framing to heavyexposure. Protect adjacent surfaces.



























































ADDENDUM 03)

2.03 REINFORCEMENTA. Reinforcing Steel: ASTM A 615/A 615M Grade 60.

1. Deformed billet-steel bars.2. Epoxy coated in accordance with ASTM A775/A775M.

B. Tensioning Steel Tendons: ASTM A 416/A 416M, Grade 250 (1725) or 270 (1860); seven-wirestranded steel cable; low-relaxation type; full length without splices; uncoated.

C. Steel Welded Wire Reinforcement (WWR): Plain type, ASTM A1064/A1064M.1. Form: Flat Sheets.

2.04 CONCRETE MATERIALSA. Cement: ASTM C 150, Type I - Normal portland type. B. Other Cementitious Materials:

1. Fly Ash or Natural Pozzolans: Comply with ASTM C618.2. Ground Granulated Blast Furnace Slag: ASTM C989/C989M.

C. Fine and Coarse Structural Aggregates: ASTM C33/C33M.D. Lightweight Structural Aggregate: ASTM C330/C330M.E. Surface Finish Aggregate: Clean, washed natural gravel; ____ inch size, ________ color, from

single source throughout.F. Color Additives: Pure, concentrated mineral pigments specifically intended for mixing into

concrete and complying with ASTM C979/C979M.1. Color(s): As selected by Architect from manufacturer's full range.2. Basis of design for color and agregate - Wells A19C2CD4D and AA408A

G. Water: Clean and not detrimental to concrete or embedded steel.H. Air Entrainment Admixture: ASTM C260/C260M.I. Grout:

1. Non-shrink, non-metallic, minimum 7000 psi, 28 day strength.2.05 SUPPORT DEVICES

A. Connecting and Support Devices; Anchors, plates, angles, inserts, and items cast into concrete: ASTM A36/A36M steel; hot-dip galvanized in accordance with ASTM A153/A153M.1. Clean surfaces of rust, scale, grease, and foreign matter.2. Below grade devices shall be hot-dipped galvanized, or shall be cold-galvanized with

fluid-applied waterproofing.3. Approved cold-galvanizing product; ZRC-221 cold galvanizing compound, ZRC Worldwide;

(800) 831-3275. VOC content to be less than 250 g/L.4. Fluid-applied waterproofing shall meet the requirements of Section 07 1400.

B. Bolts, Nuts, and Washers: ASTM F3125/F3125M heavy hex structural bolts, Type 1, plain, withmatching ASTM A563 (ASTM A563M) nuts, and washers as follows:1. Standard Washers: ASTM F436/F436M washers, in finish matching bolts.

C. Primer: Zinc rich type.2.06 INSULATION

A. Integral Insulation: Rigid polyisocianurte insulation, as specified in Section 07 2100.1. Design and construct panels to maintain overall u-value of 18+, with less than one percent

change due to penetrations and connections, when calculated in accordance withASHRAE Std 90.1, isothermal planes method.

2.07 ACCESSORIESA. Sealant: Type specified in Section 07 9005.B. Weeps:

1. Type: Extruded propylene with honeycomb design.

















































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ADDENDUM 03)

2. Color: As selected by Architect from manufacturer's full range.3. Size: 3/8" W x 2-1/2"D x 3-3/8"L4. Manufacturers:

a. Blok-Lok Limited; https://www.blok-lok.comb. Hohmann & Barnard, Inc.; https://www.h-b.comc. Mortar Net Solutions; https://mortarnet.comd. WIRE-BOND; https://wirebond.come. Substitutions: See Section 01 6000 - Product Requirements.

2.08 MIXA. Concrete: Minimum 5000 psi, 28 day strength, air entrained to 5 to 7 percent in accordance

with ACI 301.2.09 FABRICATION

A. All weld plates and lifting anchors to be located below floor lines, or between ceiling and floorabove

B. Fabricate in conformance with PCI MNL-116 and PCI MNL-135.C. Fabricate and handle epoxy-coated reinforcing bars in accordance with ASTM D3963/D3963M.D. Maintain plant records and quality control program during production of precast units. Make

records available upon request.E. Use rigid molds, constructed to maintain precast unit uniform in shape, size, and finish.F. Maintain consistent quality during manufacture.G. Fabricate connecting devices, plates, angles, items fit to steel framing members, inserts, bolts,

and accessories. Fabricate to permit initial placement and final attachment.H. Embed reinforcing steel, anchors, inserts plates, angles, and other cast-in items.I. Cast rigid insulation into units. Cut drainage channels in exterior face of insulation to route

moisture to exterior. Position weep drains to suit. Maintain drainage channels clear.J. Locate hoisting devices to permit removal after erection.K. Cure units to develop concrete quality, and to minimize appearance blemishes such as

non-uniformity, staining, or surface cracking.L. Minor patching in plant is acceptable, providing structural adequacy and appearance of units is

not impaired.M. Provide cast openings where occurs at precast.N. Provide preasure treated wood blocking for installation of components.O. Electrical – coordinate with electrical contractor for location and embedment of the following:

1. Interior face of wall: Please include an allowance of 10 electrical boxes in coordination withthe future electrical bid scope.

2. Interior of wall: Please include an allowance of 15 electrical conduits/raceway to exit atdoor opening for electronic hardware in coordination with the future electrical bid scope.

3. Exterior face of wall: Please include an allowance of 30 electrical boxes in coordinationwith the future electrical bid scope.

2.10 FABRICATION TOLERANCESA. Conform to PCI MNL-116 and PCI MNL-135, except as specifically amended below.

1. Maximum Variation From Nominal Face Dimensions: Plus or minus 3/32 in.2. Maximum Variation From Square or Designated Skew: Plus or minus 1/8 inch in 10 feet.3. Maximum Variation from Thickness: Plus or minus 1/8 in.4. Maximum Misalignment of Anchors, Inserts, Openings: Plus or minus 1/8 inch.5. Maximum Bowing of Members: Plus or minus length/360.

2.11 SOURCE QUALITY CONTROLA. Provide testing and analysis of concrete mix.

























































ADDENDUM 03)

B. Take three concrete test cylinders for every 75 cu yd of concrete placed; make and cure inaccordance with ASTM C31/C31M.

C. Take one slump test for every three test cylinders in accordance with ASTM C143/C143M.D. Take one air entrainment test cylinders for each set of exterior concrete test cylinders taken.E. Take water absorption test in accordance with PCI MNL-116.

PART 3 EXECUTION3.01 EXAMINATION

A. Verify that building structure, anchors, devices, and openings are ready to receive work of thissection.

3.02 PREPARATIONA. Provide for erection procedures and induced loads during erection. Maintain temporary bracing

in place until final support is provided.3.03 ERECTION

A. Erect units without damage to shape or finish. Replace or repair damaged panels.B. Erect units level and plumb within allowable tolerances.C. Align and maintain uniform horizontal and vertical joints as erection progresses.D. When units require adjustment beyond design or tolerance criteria, discontinue affected work;

advise Architect.E. Touch-up field welds and scratched or damaged primed painted surfaces.F. Set vertical units dry, without grout, attaining joint dimension with lead or plastic spacers. Pack

grout to base of unit.G. Exposed Joint Dimension: 1/2 inch. Adjust units so that joint dimensions are within tolerances.H. Seal perimeter and intermediate joints in accordance with Section 07 9005.I. All weld plates and lifting anchors to be located below floor lines, or between ceiling and floor

above.3.04 TOLERANCES

A. Erect members level and plumb within allowable tolerances. Comply with PCI MNL-135, exceptas specifically amended below.1. Plan Location from Building Grid Datum: Plus or minus 3/8 in.2. Top Elevation from Nominal Top Elevation: Plus or minus 3/8 inch.3. Maximum Plumb Variation Over Height of Structure or 100 ft (whichever is less): Plus or

minus 1/2 inch.4. Exposed Joint Dimension: Plus or minus 3/16 inch.5. Maximum Jog in Alignment of Matching Faces or Edges: Plus or minus 3/16 inch.6. Differential Bowing or Camber as Erected Between Similar Adjacent Members: Plus or

minus 3/16 inch.3.05 ADJUSTING

A. Adjust units so that joint dimensions are within tolerances.3.06 PROTECTION OF FINISHED WORK

A. Provide non-combustible shields during welding operations.3.07 FIELD QUALITY CONTROL

A. Owner's representative will review precast installation in accordance with Section 01 4000.END OF SECTION 03 4500



















































05 5000 - 1 METAL FABRICATIONS (REVISED PERADDENDUM 03)

SECTION 05 5000METAL FABRICATIONS (REVISED PER ADDENDUM 03)


A. Shop fabricated steel and aluminum items, including: but not limited to structural items and nonstructural items such as toilet partition

ceiling supports, apparatus framing for owner equipment and pole vault box frame etcB. Prefabricated ship ladders.C. Bollards.D. Ledge Angles.E. Loose Steel Lintels.

1.02 RELATED REQUIREMENTSA. Section 03 3000 - Cast-in-Place Concrete: Placement of metal fabrications in concrete.B. Section 04 2900 - Engineered Unit Masonry: Placement of metal fabrications in masonry.C. Section 05 5100 - Metal Stairs.D. Section 05 5213 - Pipe and Tube Railings.E. Section 09 9000 - Painting and Coating: Paint finish.

1.03 REFERENCE STANDARDSA. ANSI A14.3 - American National Standard for Ladders -- Fixed -- Safety Requirements; 2008.B. ASTM A36/A36M - Standard Specification for Carbon Structural Steel; 2014.C. ASTM A53/A53M - Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated,

Welded and Seamless; 2012.D. ASTM A123/A123M - Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and

Steel Products; 2015.E. ASTM A153/A153M - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel

Hardware; 2009.F. ASTM A325 - Standard Specification for Structural Bolts, Steel, Heat Treated, 120/105 ksi

Minimum Tensile Strength; 2014.G. ASTM A325M - Standard Specification for Structural Bolts, Steel, Heat Treated 830 MPa

Minimum Tensile Strength (Metric); 2014.H. ASTM A500/A500M - Standard Specification for Cold-Formed Welded and Seamless Carbon

Steel Structural Tubing in Rounds and Shapes; 2013.I. ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or

Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2015.J. ASTM A1011/A1011M - Standard Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon,

Structural, High-Strength Low-Alloy, High-Strength Low-Alloy with Improved Formability, andUltra-High Strength; 2014.

K. ASTM A 992/A 992M - Standard Specification for Structural Steel Shapes; 2004a.L. ASTM F 1554 - Standard Specification for Anchor Bolts, Steel, 36, 55 and 105-ksi Yield

Strength; 2004.M. AWS A2.4 - Standard Symbols for Welding, Brazing, and Nondestructive Examination; 2012.N. AWS D1.1/D1.1M - Structural Welding Code - Steel; 2015.O. IAS AC172 - Accreditation Criteria for Fabricator Inspection Programs for Structural Steel;

International Accreditation Service, Inc; 2011.P. SSPC-Paint 15 - Steel Joist Shop Primer/Metal Building Primer; 1999 (Ed. 2004).



Q. SSPC-Paint 20 - Zinc-Rich Primers (Type I, "Inorganic," and Type II, "Organic"); 2002 (Ed.2004).

R. SSPC-SP 2 - Hand Tool Cleaning; 1982 (Ed. 2004).1.04 SUBMITTALS

A. See Section 01 3000 - Administrative Requirements, for submittal procedures.B. Shop Drawings: Indicate profiles, sizes, connection attachments, reinforcing, anchorage, size

and type of fasteners, and accessories. Include erection drawings, elevations, and detailswhere applicable.1. Indicate welded connections using standard AWS A2.4 welding symbols. Indicate net weld

lengths.C. Welders' Certificates: Submit certification for welders employed on the project, verifying AWS

qualification within the previous 12 months.D. Strut Framing (Science Labs):

1. Submit structural calculations for approval by the Project Engineer. Calculations mayinclude, but are not limited to:a. Description of design criteriab. Stress and deflection analysisc. Selection of framing members, fittings and accessories

2. Submit all shop/assembly drawings necessary to completely install the strut system incompliance with the contract drawings.

3. Submit all pertinent manufacturer's published data1.05 QUALITY ASSURANCE

A. Fabricator Qualifications: A qualified steel fabricator that is accredited by IAS AC172.B. Installer Qualifications (Strut Framing): Installer shall be fully trained, manufacturer authorized

installer.C. Inspector shall review construction for conformance with Contract Documents and reviewed

shop drawings.PART 2 PRODUCTS2.01 MATERIALS - STEEL

A. Steel Sections and Plates: ASTM A 36/A 36M, A 572 or A 992.B. Steel Tubing: ASTM A 500, Grade B cold-formed structural tubing.C. Pipe: ASTM A 53/A 53M, Grade B Schedule 40 (unless otherwise noted), black finish.D. Anchor Bolts: ASTM F 1554, Grade 36 or weldable Grade 55 with cut threads and ASTM A 563

heavy hex nuts and ASTM F 436 hardened steel washers. Galvanized to ASTM A 153 forgalvanized hardware

E. Bolts, Nuts, and Washers: ASTM A325 (ASTM A325M), Type 1, galvanized to ASTM A 153/A153M where connecting galvanized components.

F. Welding Materials: AWS D1.1/D1.1M; type required for materials being welded.G. Shop and Touch-Up Primer: SSPC-Paint 15, complying with VOC limitations of authorities

having jurisdiction.H. Touch-Up Primer for Galvanized Surfaces: SSPC-Paint 20, Type I - Inorganic, complying with

VOC limitations of authorities having jurisdiction, ZRC Galvalite Galvanizing Repair Compound Material for brush application.

2.02 FABRICATIONA. Fit and shop assemble items in largest practical sections, for delivery to site.B. Fabricate items with joints tightly fitted and secured.



C. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butttight, flush, and hairline. Ease exposed edges to small uniform radius.

D. Exposed Mechanical Fastenings: Flush countersunk screws or bolts; unobtrusively located;consistent with design of component, except where specifically noted otherwise.

E. Supply components required for anchorage of fabrications. Fabricate anchors and relatedcomponents of same material and finish as fabrication, except where specifically notedotherwise.

2.03 FABRICATED ITEMSA. Ladders: Steel; in compliance with ANSI A14.3; with mounting brackets and attachments; prime

paint finish.1. Side Rails: 3/8 x 2 inches members spaced at 20 inches.2. Rungs: one inch diameter solid round bar spaced 12 inches on center.3. Space rungs 7 inches from wall surface.

B. Bollards: Steel pipe, concrete filled, crowned cap, as detailed; prime paint finish.C. Ledge Angles, Shelf Angles, Channels, and Plates Not Attached to Structural Framing: For

support of metal decking; prime paint finish.D. Lintels and associated bearing plates: As detailed; galvanized finish.E. Door Frames for Overhead Door Openings: Channel sections; prime paint finish.F. Elevator Hoistway Divider Beams: Beam sections; prime paint finish.G. Toilet Partition Suspension Members: Steel angle sections; prime paint finish.

2.04 PREFABRICATED LADDERSA. Prefabricated Ship Ladder: Welded metal unit complying with ANSI A14.3; factory fabricated to

greatest degree practical and in the largest components possible.1. Components: Manufacturer's standard rails, rungs, treads, handrails. returns, platforms

and safety devices complying with the requirements of the MATERIALS article of thissection.

2. Materials: Carbon steel; ASTM A1011/A1011M, Grade 36, minimum.3. Incline: 60 degrees.4. Finish: Powder coat; color to be selected by Architect from manufacturer's standard

range.2.05 FINISHES - STEEL

A. Prime paint steel items.1. Exceptions: Galvanize items to be embedded in concrete and items to be embedded in

masonry.2. Exceptions: Galvanize items specified for galvanized finish.3. Exceptions: Do not prime surfaces in direct contact with concrete, where field welding is

required, and items to be covered with sprayed fireproofing.B. Prepare surfaces to be primed in accordance with SSPC-SP2.C. Clean surfaces of rust, scale, grease, and foreign matter prior to finishing.D. Prime Painting: One coat.E. Galvanizing of Structural Steel Members: Galvanize after fabrication to ASTM A123/A123M

requirements. Provide minimum 1.7 oz/sq ft galvanized coating.F. Galvanizing of Non-structural Items: Galvanize after fabrication to ASTM A123/A123M

requirements.G. See Section 09 9000 for final finishing requirements.

2.06 FABRICATION TOLERANCESA. Squareness: 1/8 inch maximum difference in diagonal measurements.



B. Maximum Offset Between Faces: 1/16 inch.C. Maximum Misalignment of Adjacent Members: 1/16 inch.D. Maximum Bow: 1/8 inch in 48 inches.E. Maximum Deviation From Plane: 1/16 inch in 48 inches.


A. Verify that field conditions are acceptable and are ready to receive work.3.02 PREPARATION

A. Clean and strip primed steel items to bare metal where site welding is required.B. Supply setting templates to the appropriate entities for steel items required to be cast into

concrete or embedded in masonry.3.03 INSTALLATION

A. Install items plumb and level, accurately fitted, free from distortion or defects.B. Provide for erection loads, and for sufficient temporary bracing to maintain true alignment until

completion of erection and installation of permanent attachments.C. Field weld components as indicated on drawings.D. Perform field welding in accordance with AWS D1.1/D1.1M.E. Obtain approval prior to site cutting or making adjustments not scheduled.F. After erection, prime welds, abrasions, and surfaces not shop primed or galvanized, except

surfaces to be in contact with concrete. Follow manufacturer's recommendations. Brush applytouch-up primer at galvanized surfaces.

3.04 INSTALLATION - STRUT FRAMING (SCIENCE LABS)A. Set strut system components into final position true to line, level and plumb, in accordance with

the equipment requirements and approved shop drawings.B. Anchor material firmly in place, tighten connections to their recommended torque.

3.05 TOLERANCESA. Maximum Variation From Plumb: 1/4 inch per story, non-cumulative.B. Maximum Offset From True Alignment: 1/4 inch.C. Maximum Out-of-Position: 1/4 inch.



07 1400 - 1 FLUID-APPLIED WATERPROOFING

SECTION 07 1400FLUID-APPLIED WATERPROOFING


A. Fluid applied membrane waterproofing, below grade.1.02 REFERENCE STANDARDS

A. 40 CFR 59, Subpart D - National Volatile Organic Compound Emission Standards forArchitectural Coatings; U.S. Environmental Protection Agency; current edition.

B. ASTM C836/C836M - Standard Specification for High Solids Content, Cold Liquid-AppliedElastomeric Waterproofing Membrane for Use with Separate Wearing Course; 2018.

C. ASTM D 429 - Standard Test Methods for Rubber Property--Adhesion to Rigid Substrates;2003.

D. ASTM D471 - Standard Test Method for Rubber Property--Effect of Liquids; 2012.E. ASTM D746 - Standard Test Method for Brittleness Temperature of Plastics and Elastomers by

Impact; 2014.F. ASTM D3468 - Standard Specification for Liquid-Applied Neoprene and Chlorosulfonated

Polyethylene Used in Roofing and Waterproofing; 1999 (Reapproved 2013).G. ASTM D4541 - Standard Test Method for Pull-Off Strength of Coatings Using Portable

Adhesion Testers; 2017.H. ASTM D5385/D5385M - Standard Test Method for Hydrostatic Pressure Resistance of

Waterproofing Membranes; 1993, with Editorial Revision (2014).I. ASTM E96/E96M - Standard Test Methods for Water Vapor Transmission of Materials; 2014.

1.03 SUBMITTALSA. See Section 01 3000 - Administrative Requirements, for submittal procedures.B. Product Data: Provide data for membrane.C. Shop Drawings: Indicate special joint or termination conditions and conditions of interface with

other materials.D. Certificate: Certify that products meet or exceed specified requirements.E. Manufacturer's Installation Instructions: Indicate special procedures.F. Warranty: Submit manufacturer warranty and ensure forms have been completed in Owner's

name and registered with manufacturer.1.04 QUALITY ASSURANCE

A. Manufacturer Qualifications: Company specializing in manufacture of fluid-appliedwaterproofing membranes with three years experience.

1.05 WARRANTYA. See Section 01 7800 - Closeout Submittals, for additional warranty requirements.B. Contractor shall correct defective Work within a five year period after Date of Substantial

Completion; remove and replace materials concealing waterproofing at no cost to Owner.PART 2 PRODUCTS2.01 MANUFACTURERS

A. Carlisle; www.carisle-ccw.comB. Grace; Product: Procor; www.na.graceconstruction.comC. TK Products; www.tkproducts.com



2.02 MEMBRANE AND FLASHING MATERIALSA. Fluid-Applied Waterproofing - General: Sprayed thin-film elastomeric fluid-applied membrane.

1. Cured Thickness: 1/4 inch, minimum.2. Suitable for installation over concrete substrates.

B. Sprayed Thin-Film Elastomeric Waterproofing: Elastomeric, UV-resistant coating capable ofbeing applied to damp masonry and green concrete without adverse effect on adhesion;complying with requirements of ASTM C 836 except for minimum film thickness.

C. Flexible Flashings: Type recommended by membrane manufacturer.2.03 ACCESSORIES

A. Surface Conditioner: Type, compatible with membrane compound; as recommended bymembrane manufacturer.

B. Sealant for Substrate Surfaces: As recommended by membrane manufacturer.C. Protection Board: Rigid insulation specified in Section 07 2100.D. Drainage Panel: Drainage layer with geotextile filter fabric on earth side.

1. Composition: Dimpled polystyrene core; polypropylene filter fabric.2. Thickness: 1/4 inch, minimum.


A. Verify existing conditions before starting work.B. Verify substrate surfaces are free of frozen matter, dampness, loose particles, cracks, pits,

projections, penetrations, or foreign matter detrimental to adhesion or application ofwaterproofing system.

C. Verify that substrate surfaces are smooth, free of honeycomb or pitting, and not detrimental tofull contact bond of waterproofing materials.

D. Verify that items that penetrate surfaces to receive waterproofing are securely installed.3.02 PREPARATION

A. Protect adjacent surfaces not designated to receive waterproofing.B. Clean and prepare surfaces to receive waterproofing in accordance with manufacturer's

instructions. C. Do not apply waterproofing to surfaces unacceptable to manufacturer.D. Seal cracks and joints with sealant using methods recommended by sealant manufacturer.E. Install cant strips at inside corners unless recommended otherwise by manufacturer..

3.03 INSTALLATIONA. Apply waterproofing in accordance with manufacturer's instructions to specified minimum

thickness.B. Conform to NRCA Waterproofing and Dampproofing Manual drawing details as noted:C. Apply waterproofing in accordance with manufacturer's instructions to specified minimum

thickness.D. Apply extra thickness of waterproofing material at corners, intersections, and angles.E. Seal membrane and flashings to adjoining surfaces. Install termination bar at all edges. Install

counterflashing over all exposed edges.3.04 INSTALLATION - DRAINAGE PANEL AND PROTECTION BOARD

A. Place drainage panel directly against membrane, butt joints, place to encourage drainagedownward. Scribe and cut boards around projections, penetrations, and interruptions.



B. Place protection board directly against drainage panel; butt joints. Scribe and cut boardsaround projections, penetrations, and interruptions.

3.05 SCHEDULEA. Foundation Wall: Provide waterproofing and drainage board continuous on all walls that are

adjacent to both finished and unfinished space and retain dirt. Extend waterproofing from gradeor floor above to bottom of footing.

B. Existing Building Foundation wall at tie-in: Provide waterproofing at existing foundation wallsexposed by excavation for new construction. Extend waterproofing 4' beyond addition tie-in. Confirm compatibility of waterproofing system with existing systems.





08 4313 - 1 ALUMINUM-FRAMED STOREFRONTS(REVISED PER ADDENDUM 03)

SECTION 08 4313ALUMINUM-FRAMED STOREFRONTS (REVISED PER ADDENDUM 03)


A. Aluminum-framed storefront, with vision glass.B. Infill panels of metal and glass.C. Aluminum doors and frames.D. Weatherstripping.E. Door hardware.

1.02 REFERENCE STANDARDSA. AAMA CW-10 - Care and Handling of Architectural Aluminum From Shop to Site; 2015.B. AAMA 609 & 610 - Cleaning and Maintenance Guide for Architecturally Finished Aluminum

(Combined Document); 2015.C. AAMA 611 - Voluntary Specification for Anodized Architectural Aluminum; 2014 (2015 Errata).D. AAMA - 1503 Voluntary Test Method for Condensation Resistance of Windows, Doors and

glazed wal sections, 2009E. ASCE 7 - Minimum Design Loads and Associated Criteria for Buildings and Other Structures;

Most Recent Edition Cited by Referring Code or Reference Standard.F. ASTM B221 - Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods,

Wire, Profiles, and Tubes; 2014.G. ASTM E283 - Standard Test Method for Determining the Rate of Air Leakage Through Exterior

Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across theSpecimen; 2004 (Reapproved 2012).

H. ASTM E330/E330M - Standard Test Method for Structural Performance of Exterior Windows,Doors, Skylights and Curtain Walls by Uniform Static Air Pressure Difference; 2014.

I. ASTM E331 - Standard Test Method for Water Penetration of Exterior Windows, Skylights,Doors, and Curtain Walls by Uniform Static Air Pressure Difference; 2000 (Reapproved 2009).

J. ASTM E783 - Standard Test Method for Field Measurement of Air Leakage Through InstalledExterior Windows and Doors; 2002 (Reapproved 2010).

K. ASTM E1105 - Standard Test Method for Field Determination of Water Penetration of InstalledExterior Windows, Skylights, Doors, and Curtain Walls, by Uniform or Cyclic Static Air PressureDifference; 2015.

L. NFRC - National Fenestration Rating Council for determining whole product thermalperformance U rating

1.03 ADMINISTRATIVE REQUIREMENTSA. Coordinate with installation of other components that comprise the exterior enclosure.B. Preinstallation Meeting: Conduct a preinstallation meeting one week before starting work of this

section; require attendance by all affected installers.1.04 SUBMITTALS

A. See Section 01 3000 - Administrative Requirements, for submittal procedures.B. Product Data: Provide component dimensions, describe components within assembly,

anchorage and fasteners, glass and infill, door hardware, and internal drainage details.C. Shop Drawings: Indicate system dimensions, framed opening requirements and tolerances,

affected related work, expansion and contraction joint location and details, and field weldingrequired.1. Include design engineer's stamp or seal on shop drawings for attachments and anchors.



D. Manufacturer's Certificate: Certify that the products supplied meet or exceed the specifiedrequirements.

E. Design Data: Provide framing member structural and physical characteristics, engineeringcalculations, and dimensional limitations.

F. Hardware Schedule: Complete itemization of each item of hardware to be provided for eachdoor, cross-referenced to door identification numbers in Contract Documents.

G. Designer's Qualification Statement.H. Warranty: Submit manufacturer warranty and ensure forms have been completed in Owner's

name and registered with manufacturer.1.05 QUALITY ASSURANCE

A. Designer Qualifications: Design structural support framing components under directsupervision of a Professional Structural Engineer experienced in design of this Work andlicensed in the State in which the Project is located.

B. Manufacturer Qualifications: Company specializing in performing work of type specified andwith at least ten years of documented experience.

C. Installer Qualifications: Company specializing in performing work of type specified and with atleast five years of documented experience.

1.06 DELIVERY, STORAGE, AND HANDLINGA. Handle products of this section in accordance with AAMA CW-10.B. Protect finished aluminum surfaces with wrapping. Do not use adhesive papers or sprayed

coatings that bond to aluminum when exposed to sunlight or weather.1.07 WARRANTY

A. See Section 01 7800 - Closeout Submittals, for additional warranty requirements.B. Correct defective Work within a five year period after Date of Substantial Completion.C. Provide five year manufacturer warranty against excessive degradation of exterior finish.

Include provision for replacement of units with excessive fading, chalking, or flaking.PART 2 PRODUCTS2.01 MANUFACTURERS

A. Basis of Design: EFCO 960.B. Other Acceptable - Aluminum-Framed Storefronts Manufacturers:

1. Kawneer North America: www.kawneer.com/#sle.2. Oldcastle BuildingEnvelope: www.oldcastlebe.com/#sle.3. Tubelite, Inc: www.tubeliteinc.com/#sle.4. Trulite Glass & Aluminum Solutions, LLC: www.trulite.com/#sle.5. United States Aluminum Corp: www.usalum.com.6. YKK AP America Inc: www.ykkap.com.7. Substitutions: See Section 01 6000 - Product Requirements.

2.02 BASIS OF DESIGN -- FRAMING FOR INSULATING GLAZINGA. Front-Set Style, Thermally-Broken:

1. Vertical Mullion Dimensions: 2-1/4 inches wide by 4-1/2 inches deep.B. Front-Set Style, Not Thermally-Broken: Interior Locations Efco 402

1. Vertical Mullion Dimensions: 2 inches wide by 4-1/2 inches deep.2. Color to match interior finish color of exterior aluminum systems.3. Interior Doors do not need to be thermally broken, color to match frames of heavy duty

construction and stile to match exterior doors and drawings2.03 BASIS OF DESIGN -- SWINGING DOORS

A. Wide Stile, Insulating Glazing, Thermally-Broken:



1. Thickness: 1-3/4 inches.B. Flush Stile, Thermally - Broken

1. THickness: 1-3/4 inchesC. Other Manufacturers: Provide either the product identified as "Basis of Design" or an equivalent

product of one of the manufacturers listed below:1. Arcadia, Inc: www.arcadiainc.com/#sle.2. C.R. Laurence Company, Inc; U.S. Aluminum: www.crl-arch.com/#sle.3. Trulite Glass & Aluminum Solutions, LLC: www.trulite.com/#sle.4. Special Lite

D. Substitutions: See Section 01 6000 - Product Requirements.2.04 ALUMINUM-FRAMED STOREFRONT

A. Aluminum-Framed Storefront: Factory fabricated, factory finished aluminum framing memberswith infill, and related flashings, anchorage and attachment devices.1. Finish: Class I color anodized.

a. Factory finish all surfaces that will be exposed in completed assemblies.b. Coat concealed metal surfaces that will be in contact with cementitious materials or

dissimilar metals with bituminous paint.2. Color: Dark bronze Exterior Surfaces Clear Anodized Interior Surfaces3. Fabrication: Joints and corners flush, hairline, and weatherproof, accurately fitted and

secured; prepared to receive anchors and hardware; fasteners and attachments concealedfrom view; reinforced as required for imposed loads.

4. Construction: Eliminate noises caused by wind and thermal movement, prevent vibrationharmonics, and prevent "stack effect" in internal spaces.

5. System Internal Drainage: Drain to the exterior by means of a weep drainage network anywater entering joints, condensation occurring in glazing channel, and migrating moistureoccurring within system.

6. Expansion/Contraction: Provide for expansion and contraction within system componentscaused by cycling temperature range of 170 degrees F over a 12 hour period withoutcausing detrimental effect to system components, anchorages, and other buildingelements.

7. Movement: Allow for movement between storefront and adjacent construction, withoutdamage to components or deterioration of seals.

8. Perimeter Clearance: Minimize space between framing members and adjacentconstruction while allowing expected movement.

9. Air and Vapor Seal: Maintain continuous air barrier and vapor retarder throughoutassembly, primarily in line with inside pane of glazing and inner sheet of infill panel andheel bead of glazing compound.

B. Performance Requirements:1. Wind Loads: Design and size components to withstand the specified load requirements

without damage or permanent set, when tested in accordance with ASTM E330/E330M,using loads 1.5 times the design wind loads and 10 second duration of maximum load.a. Design Wind Loads: Comply with requirements of ASCE 7.b. Member Deflection: Limit member deflection to flexure limit of glass in any direction,

with full recovery of glazing materials.2. Water Penetration Resistance on Manufactured Assembly: No uncontrolled water on

interior face, when tested in accordance with ASTM E331 at pressure differential of 8 psf.3. Air Leakage Laboratory Test: Maximum of 0.06 cu ft/min sq ft of wall area, when tested in

accordance with ASTM E283 at 6.27 psf pressure differential across assembly.4. Condensation Resistance Factor of Framing: 70, minimum, measured in accordance with

AAMA 1503.5. Overall U-value Including Glazing:.35 Btu/(hr sq ft deg F), maximum.

http://www.aamanet.org/general.asp?sect=2&id=45




2.05 COMPONENTSA. Aluminum Framing Members: Tubular aluminum sections, thermally broken with interior section

insulated from exterior, drainage holes and internal weep drainage system. 1. Framing members for interior applications need not be thermally broken.2. Glazing Stops: Flush.3. Structurally Reinforced Members: Extruded aluminum with internal reinforcement of

structural steel member as required.B. Doors: Glazed aluminum, thermally broken.

1. Thickness: 2 inches.2. Glazing Stops: Square.3. Finish: Same as storefront.4. Thermally broken doors are not required where vestibules occur.

2.06 MATERIALSA. Extruded Aluminum: ASTM B221 (ASTM B221M).B. Fasteners: Stainless steel.C. Exposed Flashings: Aluminum sheet, 20 gage, 0.032 inch minimum thickness; finish to match

framing members.D. Concealed Flashings: Sheet aluminum, 26 gage, 0.017 inch minimum thickness.E. Sill Flashing Sealant: Elastomeric, silicone or polyurethane, compatible with flashing material.F. Sealant for Setting Thresholds: Non-curing butyl type.G. Glazing Gaskets: Type to suit application to achieve weather, moisture, and air infiltration

requirements.2.07 FINISHES

A. Class I Natural Anodized Finish: AAMA 611 AA-M12C22A41 Clear anodic coating not less than0.7 mils thick.

B. Class I Color Anodized Finish: AAMA 611 AA-M12C22A42 Integrally colored anodic coating notless than 0.7 mils thick.

2.08 HARDWAREA. For Hardware products and manufacturers if not listed here see Section 08 7100. Doors with

operators shall allow egress out of the building by pushing the ADA push button from the pushside of the door. Provide power supply and converters as required for hardware to communicateand function properly. Hardware group 2 Cylinders are provided by Door Hardware supplier.1. Group 2A

a. Each door to receive the following:1) Lever Handle2) exit device3) Electric Strike4) Closer5) door contact switch6) card reader7) Function:

(a) When locked by CARD KEY software, presenting a valid prox. Credential tooutside card reader will unlock doors. Doors will relock when closed. Freeegress at all times by manually pushing exit device. Door contacts will reportto CARD KEY software if doors are held open or forced open. Provide cardreader for request to exit use at interior of door

2. Group 2Ba. Each door to receive the following:

1) Lever handle2) exit device


























































3) Closer4) Electric Strike5) door contact switch6) Function:

(a) Door is locked at all times3. Group 2C

a. Each door to receive the following:1) Lever Handle2) exit device3) Electric Strike4) Closer5) Auto operator6) Door contact switch7) Card reader8) Function:

(a) Door is normally closed and locked. At Main Office you will be able toremotely release doors through the CARD KEY software. Doors will beautomatically unlocked during major traffic hours, such as morning entryand recess, by CARD KEY software, and will operate in a push/pull mode.Door contacts will report to CARD KEY software if doors are held open orforced open. Presenting a valid prox. credential inside or outside unlock exitdevice for several seconds.

(b) Master Station APHONE to allow momentary entry.4. Group 2D

a. Each door to receive the following:1) Lever Handle2) Electric Strike3) Closer4) Auto operator5) Door contact switch6) Card reader7) Function:

(a) Door is normally closed and locked. At Main Office you will be able toremotely release doors through the CARD KEY software. Doors will beautomatically unlocked during major traffic hours, such as morning entryand recess, by CARD KEY software, and will operate in a push/pull mode.Door contacts will report to CARD KEY software if doors are held open orforced open. Presenting a valid prox. credential inside or outside unlock exitdevice for several seconds.

5. Group 2Ea. Each door to receive the following:

1) Push Pull Hardware2) Closer

6. Group 2Fa. Each door to receive the following:

1) Push Pull Hardware2) Closer3) Auto operator

7. Group 2Ga. Each door to receive the following:

1) Lever Handle2) Electric Strike3) Closer4) door contact switch






























































5) card reader8. Group 2H

a. Each door to receive the following:1) No exterior trim2) exit device3) Electric strike4) Closer5) door contact switch

2.09 HARDWAREA. For each door, include weatherstripping, sill sweep strip, and threshold.B. All vertical rods to be concealed, where they occur.C. Weatherstripping: Wool pile, continuousand replaceable; provide on all doors.D. Sill Sweep Strips: Resilient seal type provide on all exterior doors.E. Threshold: Extruded aluminum, one piece per door opening, ribbed surface; provide on all

exterior doors.F. Hinges: Continuous. Markar, Roto, or Select on all doors.G. Automatic Door Operators and Actuators: As specified in Section 08 4229.


A. Verify dimensions, tolerances, and method of attachment with other work.B. Verify that wall openings and adjoining air and vapor seal materials are ready to receive work of

this section.3.02 INSTALLATION

A. Install wall system in accordance with manufacturer's instructions.B. Attach to structure to permit sufficient adjustment to accommodate construction tolerances and

other irregularities.C. Provide alignment attachments and shims to permanently fasten system to building structure.D. Align assembly plumb and level, free of warp or twist. Maintain assembly dimensional

tolerances, aligning with adjacent work.E. Provide thermal isolation where components penetrate or disrupt building insulation.F. Install sill flashings. Turn up ends and edges; seal to adjacent work to form water tight dam.G. Where fasteners penetrate sill flashings, make watertight by seating and sealing fastener heads

to sill flashing.H. Coordinate attachment and seal of perimeter air and vapor barrier materials.I. Foam fill insulation in shim spaces at perimeter of assembly to maintain continuity of thermal

barrier.J. Set thresholds in bed of sealant and secure.K. Install hardware using templates provided.L. Touch-up minor damage to factory applied finish; replace components that cannot be

satisfactorily repaired.3.03 TOLERANCES

A. Maximum Variation from Plumb: 0.06 inch per 3 feet non-cumulative or 0.06 inch per 10 feet,whichever is less.

B. Maximum Misalignment of Two Adjoining Members Abutting in Plane: 1/32 inch.




















































3.04 ADJUSTINGA. Adjust operating hardware and sash for smooth operation.

3.05 CLEANINGA. Remove protective material from pre-finished aluminum surfaces.B. Wash down surfaces with a solution of mild detergent in warm water, applied with soft, clean

wiping cloths, and take care to remove dirt from corners and to wipe surfaces clean.C. Upon completion of installation, thoroughly clean aluminum surfaces in accordance with AAMA

609 & 610.D. Remove excess sealant by method acceptable to sealant manufacturer.

3.06 PROTECTIONA. Protect installed products from damage until Date of Substantial Completion.


























Level 1100' - 0"

Level 2114' - 0"

Level 3128' - 0"

2

A303

_____________________

3 12

PNL-P2 PNL-P1 PNL-P1

CWC2

CWC1

12' - 0"12' - 0"

VERIFY

9' - 8"

PC6B

12' - 0"

EP4B

PNL-T5

EG6 - EH3

MC

CC

41

Level 1100' - 0"

Level 2114' - 0"

Level 3128' - 0"

W.7 X.7 Y Z

12' - 0" 12' - 0" 12' - 0" 12' - 0" 12' - 0" 12' - 0" 10' - 0"

PNL-P3 PNL-P6PNL-P3

8' - 7" 6' - 6"

PNL-P4B

5

A303

_____________________

V.9 X

PNL-P3 PNL-P3 PNL-P3 PNL-P3 PNL-P4A

PC6B

41

Level 1100' - 0"

Level 2114' - 0"

Level 3128' - 0"

UVW.7X.7YZ

SF01 SF01 SF01 SF01

PNL-R7

CWC7

PNL-R2

2

A312

_____________________5

A303

_____________________

V.9X V.8X.6 W

3

A303

_____________________

SF11

8' - 0"8' - 0"8' - 0"8' - 0"8' - 0"13' - 2"

SF01

PNL-R2 PNL-R2 PNL-R2PNL-R2

CWC6

PC6B

PNL-X4

EP8 - EH3

MC

EP4B

16' - 8 1/2"29' - 5 1/2"

PNL-R4 PNL-R3PC6B

EG6 - EH3

MC

2

A313

_____________________

7 1

2

EA6 - EH3

MC

Level 1100' - 0"

Level 2114' - 0"

Level 3128' - 0"

8' -

0"

C1 C2 C3 C4 C6 C7 C8

PNL-P5

9' - 8" 12' - 0" 9' - 4" 8' - 0" 4' - 0"

1' - 0"3' - 4" 10' - 10"

PNL-P3 PNL-P8 PNL-T6 PNL-P7

PNL-T7 PNL-P9

12' - 0" 12' - 0" 12' - 0" 5' - 8"

SF01 SF01 SF01

PNL-R1 PNL-R1 PNL-R1

PNL-R8

1

A312

_____________________3

A312

_____________________

A141B.1 A146.3A141B.2 A146.2

C5

4

A303

_____________________

CWC4

SF10

A001.1 A001.2

CWC5

PC6B

PC6B

PC6B

PNL-R5

PNL-R6

1' - 5 1/2" 2' - 1 1/2"

EP4B

EP4B

17' - 0 3/4"

EP4B

PNL-T1

EG6 - EH3

MC

4

1

1

5

TYP.

4' -

0"

8' -

0"

1

2

2 EA6 - EH3

MC

Level 1100' - 0"

Level 2114' - 0"

Level 3128' - 0"

1

A303

_____________________

RP

4

A312

_____________________

1

A313

_____________________

CWC3

A002.1 A002.2

2' - 2" 16' - 5 3/4" 14' - 1 1/4"

EP4B

EP4B

PNL-T3 PNL-T2

PNL-T4

EG6 - EH3

MC

1

A. GENERAL NOTES APPLY TO ALL DRAWINGS ON EXTERIOR ELEVATION SHEETS.

B. REFER TO SHEET G501 FOR EXTERIOR WALL TYPES AND WALL TYPE SYMBOLLEGEND.

C. PRECAST PANEL DIMENSIONS ARE NOMINAL. REFER TO PRECAST PANEL TYPES FOR ACTUAL PANEL DIMENSIONS.

GENERAL EXTERIOR ELEVATION NOTES

INSULATED PRECAST PANEL.PNL-A1

PNL-M1 INSULATED PRECAST PANEL.

EXTERIOR ELEVATION KEYNOTES

EXTERIOR FINISH TYPES

METAL CLADDING.

1

1 EXTERIOR WALL TYPE TRANSITION.

2 DOWNSPOUT.

3 THRU-WALL SCUPPER.

4 OVERFLOW ROOF DRAIN PENETRATION; COORDINATE LOCATION IN PRECASTPANEL; REFER TO MECHANICAL.

5 EXTERIOR LIGHT FIXTURE; HORIZONTALLY CENTER ON OPENING OR PANEL, U.N.O.;FINAL ELEVATION TBD; REFER TO ELECTRICAL.

6 EXHAUST DUCT PENETRATION; COORDINATE LOCATION IN PRECAST PANEL; REFERTO MECHANICAL.

7 DOOR ACTUATOR; REFER TO ELECTRICAL.

8 SUNSHADE.

FILE:

DRAWN BY:

CHECKED BY:

PROJ. NO:

DRAWING NO:

DRAWING TITLE:

PROJECT NAME:

CLIENT:

615 7TH STREET SWROCHESTER, MN 55902

2019 ELEMENTARY SCHOOL

190941 NW ES AT SCHMIDT PARK.rvt

Overland Dr NWRochester, MN 55901

PRELIMINARY

FOR REFERENCE ONLY

COPYRIGHT 2020 BY LHB, INC. ALL RIGHTS RESERVED.

THIS SQUARE APPEARS 1/2"x1/2" ON FULL SIZE SHEETS

701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029

NEW BUILDING KEYPLAN

A B

C D

No. Issued For Date

1 BID PACKAGE 1 (FOR REFERENCE ONLY) 06/30/2020

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190941

EXTERIOR ELEVATIONSAREA C

6/30/20

1/8" = 1'-0"5 NORTH ELEVATION - AREA C

1/8" = 1'-0"3 WEST ELEVATION - AREA C

1/8" = 1'-0"1 EAST ELEVATION - AREA C1/8" = 1'-0"2 SOUTH ELEVATION - AREA C

1/8" = 1'-0"4 SOUTHWEST ELEVATION - AREA C

1

No. Revisions Date

1 ADDENDUM 02 07/14/2020

2 ADDENDUM 03 7/17/2020

SEALANT AND BACKER ROD - BOTH SIDES W/SHIM

CURTAIN WALL ASSEMBLY

ALUMINUM SILL

WOOD BLOCKING

INSULATED PRECAST WALL ASSEMBLY



WOOD BLOCKING


WOOD BLOCKING


SILL

JAMB

HEAD

INTERIOR EXTERIOR



REVEAL, WHERE OCCURS, SEE ELEVATIONS

1 1/2"


DRIP

O.H. DOOR

WALL BEYOND

CONCRETE SLAB

2" INSULATION

FOUNDATION WALL

GALV ANGLE EMBED

MECH FASTEN

BUMPER

SLOPE

PREFIN METAL SILL FLASHING TO MATCH LOUVER; TURN UP ON INSIDE AND AT ENDS

FASTEN WITH ANGLE

FASTEN WITH ANGLE

FASTEN WITH ANGLE


LOUVER ASSEMBLY

WOOD BLOCKING


LOUVER ASSEMBLY


WOOD BLOCKING

LOUVER ASSEMBLY

WOOD BLOCKING


SILL

JAMB

HEAD

INTERIOR EXTERIOR





1 1/2"

DRIP


SOLID SURFACE SILL AND TRIM

STOREFRONT ASSEMBLY

ALUMINUM SILL

WOOD BLOCKING


STOREFRONT ASSEMBLY


WOOD BLOCKING

STOREFRONT ASSEMBLY

WOOD BLOCKING


SILL

JAMB

HEAD

INTERIOR EXTERIOR




2 1/4"


DRIP

1SEALANT AND BACKER ROD - BOTH SIDES W/SHIM


ALUMINUM SILL

WOOD BLOCKING

THERMOMASS WALL ASSEMBLY; SEE STRUCTURAL

INTERIOR EXTERIOR

SE

E E

LEV

AT

ION

S A

ND

PA

NE

L T

YP

ES

GRADE; SEE CIVIL

INTERIOR SLAB-ON-GRADE

PRECAST FACE PANEL

SHIM SPACE

2" 4"

RIGID INSULATION

CHAMFER TOP EDGE OF C.I.P. WALL

PRECAST CONNECTIONS BY PC SUPPLIER

ALUMINUM CURTAIN WALL SYSTEM

STEEL CLIP, BY CURTAIN WALL MANUFACTURE

HSS BEAM, PAINTED SEE STRUCTURAL

SEE STRUCTURAL

SEE STRUCTURAL

6

BACKER ROD & SEALANT, EACHSIDE

SHIM AS REQUIRED

EXTERIOR WALL ASSEMBLY; REFER TO ELEVATIONS

METAL CLADDING

METAL CLOSURE

STOREFRONT ASSEMBLY

WRAP AIR BARRIER INTO SEALANT JOINT

WRAP VAPOR BARRIER INTO SEALANT JOINT

JAMB SIM.

2 1/4"

6

ROOF ASSEMBLY; SEE ROOF PLAN

SINGLE PLY ROOFINGMEMBRANE, EXTEND UNDERWINDOW SILL

3/4" PLYWOOD

3" RIGID INSULATION

REINFORCED MEMBRANE

PRECAST CONCRET WALL PANEL

1' - 7"


STOREFRONT ASSEMBLY

SEALANT AND BACKER ROD, EACH SIDE W/ SHIMS

SEALANT

2 1/4"

6



3/4" PLYWOOD

3" RIGID INSULATION

6" COLD FORMED FRAMING

5/8" GYP. BOARD, 2 LAYERS

STOREFRONT ASSEMBLY


GLASS-MAT-FACED EXTERIORGYPSUM SHEATHING

REINFORCED MEMBRANE

BOX HEADER

SEALANT

5/8" GYP. BOARD


1' - 7"

ALIGN

SEALANT

2 1/4"

6

5/8" GYP. BOARD, (2) LAYERS

BOX HEADER



METAL CLADDING

METAL CLOSURE

WRAP AIR BARRIER INTO SEALANT JOINT

ALIGN W/ T.O. PRECAST R.O.

5/8" PLYWOOD

JAMB SIM.

SHIM AS REQUIRED

STOREFRONT ASSEMBLY

WRAP VAPOR BARRIER INTO SEALANT JOINT 2 1/4"

V



3/4" PLYWOOD

3" RIGID INSULATION

ALIGN

GLAZED ALUMINUM CURTAINWALL SYSTEM


REINFORCED MEMBRANE


4" CMU

BACKER ROD & SEALANT

FIN TUBE; REFER TO MECHANICAL

Level 2114' - 0"

V


CEILING AS SCHEDULED


STOREFRONT ASSEMBLY

5/8" GYP. BOARD

3/4" PLYWOOD

3" RIGID INSULATION


5/8" GYP. BOARD

SHIM AS REQUIRED

BOX HEADER

5/8" GYP. BOARD

ALIGN


6" METAL STUDS

GLAZED ALUMINUM CURTAINWALL SYSTEM



REINFORCED MEMBRANE

1' - 7"

Level 3128' - 0"

C G

ROOF ASSEMBLY; REFER TO ROOF PLAN

FLASHING MEMBRANE

SEALANT AS REQ BY SYSTEM


PREFIN MTL FLASHING; ALIGN W/ WINDOW SILL AT WEST ELEVATION

REMOVABLE COUNTER FLASHING

TERM BAR 3" M

IN.

12"

MIN

.

METAL CLADDING

Level 2114' - 0"

10CURTAIN WALL WINDOW SYSTEMW/ SPANDRAL GLAZING

SEALANT

INTERIOR EXTERIOR

5/8" GYPSUM BOARD ON 3 5/8" METAL STUDS

SOLID SURFACE SILL AND TRIM

FLOOR ASSEMBLY; SEE STRUCTURAL

5/8" GYPSUM BOARD ON 1-5/8" METAL STUDS

6"

SEALANT

CEILING, WHERE OCCURS

2" MINERAL WOOL INSULATION

MINERAL WOOL BATT INSULATION 2

FILE:

DRAWN BY:

CHECKED BY:

PROJ. NO:

DRAWING NO:

DRAWING TITLE:

PROJECT NAME:

CLIENT:





PRELIMINARY

FOR REFERENCE ONLY





A B

C D

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190941

EXTERIOR OPENINGDETAILS

6/30/20

1 1/2" = 1'-0"3 CURTAIN WALL DETAIL @ PRECAST WALL

1 1/2" = 1'-0"14 LOADING DOCK EDGE DETAIL

1 1/2" = 1'-0"2 LOUVER DETAIL @ PRECAST WALL1 1/2" = 1'-0"1 STOREFRONT DETAIL @ PRECAST

1 1/2" = 1'-0"5 CURTAIN WALL SILL @ THERMOMASS WALL

1 1/2" = 1'-0"10 GLAZING DETAIL @ HSS FRAMING

1 1/2" = 1'-0"13 CLERESTORY HEAD AT PRECAST

1 1/2" = 1'-0"9 CLERESTORY SILL AT PRECAST1 1/2" = 1'-0"8 CLERESTORY SILL AT METAL FRAMING

1 1/2" = 1'-0"12 CLERESTORY HEAD AT METAL FRAMING

1 1/2" = 1'-0"11 CAFETERIA SILL DETAIL AT ROOF

1 1/2" = 1'-0"6 ENTRY ROOF DETAIL

1

1 1/2" = 1'-0"7 MEDIA CENTER ROOF INTERSECTION DETAIL

1 1/2" = 1'-0"4 SPANDREL DETAIL

No. Revisions Date

1 ADDENDUM 02 07/14/2020

2 ADDENDUM 03 7/17/2020

Level 1100' - 0"

7' -

4"

3' -

4"

1' -

8"

4' -

0"

1' -

8"

19' - 8"

EQEQ EQEQ

SF05

3' - 4"3' - 4"

1

Level 1100' - 0"

SF06

20' - 0"

EQEQEQEQEQEQ

1' -

8"

4' -

0"

1' -

8"

7' -

4"

3' -

4"

1

Level 1100' - 0"

SF04

EQ 6' - 8" EQ

20' - 0"

5' -

9"

4' -

11"

1

Level 1100' - 0"

SF03

8' - 0"

EQEQ5'

- 8

"1'

- 8

"

7' -

4"

3' -

4"

1

Level 1100' - 0"

SF02

3' - 4"

7' -

4"

3' -

4"

1' -

8"

5' -

8"

1

SF10

5' - 5 3/4"

1' -

8"

5' -

8"

3' -

4"

7' -

4"

1

1

2

Level 1100' - 0"SF14

A110.2

3' - 9 1/2"3' - 3"

2' -

10"

8' -

1"

7' - 0 1/2"

10' -

11"

1

1' -

5"

1' -

5"

5' -

8"

2' -

5"

Level 1100' - 0"

SF12

A001.4A001.3

2' -

3"

3' -

3"

5' -

8"

2' -

5"

EQ 3' - 4" 1' - 5" 3' - 4" EQ

5' -

6"

8' -

1"

11' - 5"

1

13' -

7"

1

Level 1100' - 0"

SF01

3' - 4"

7' -

4"

3' -

4"

1

5' -

8"

1' -

8"

2

Level 1100' - 0"

SF11

EQEQ

1' -

8"

5' -

8"

12' - 11 3/4"

7' -

4"

3' -

4"

1

1

1

2

Level 2114' - 0"

Level 3128' - 0"

SF18

14' -

4"

8"

8' -

1"

3' -

5"

2' -

10"

12' - 0"

EQEQEQ

1

1

Level 3128' - 0"

SF08

EQ 6' - 8" EQ

3' -

8"

20' - 0"

1 Level 3128' - 0"

SF07

EQ 5' - 9" EQ

3' -

8"

17' - 3"

1Level 3128' - 0"

SF09

3' -

8"

EQ 7' - 4" EQ

22' - 0"

1

Level 1100' - 0"SF15

A002.4A002.3

3' -

4"

8' -

1"

11' -

5"

10' - 11"

1' - 2" 3' - 4" 1' - 3" 3' - 4" 1' - 10"

5' -

8"

2' -

5"

1

A. GENERAL NOTES APPLY TO ALL DRAWINGS ON INTERIOR AND EXTERIOR STOREFRONT, CURTAIN WALL, AND LOUVER SHEETS.

B. GENERAL CONTRACTOR / GLAZING SUBCONTRACTOR SHALL BE RESPONSIBLE FOR FIELD VERIFYING ALL DIMENSIONS AND COORDINATING WITH OTHER TRADES. NECESSARY CHANGES SHALL BE INCORPORATED IN SHOP DRAWINGS. REFER TO GENERAL CONDITIONS.

C. DIMENSIONS ARE FINISHED FRAME. GENERAL CONTRACTOR / GLAZING SUBCONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING SUITABLE ROUGH OPENING ACCORDING TO THE TYPE OF FRAME AND WALL CONSTRUCTION.

D. VERTICAL MULLIONS AND PERIMETER FRAMING OF CURTAIN WALL ASSEMBLY TO BE 2-1/2" X 10-1/5" DEEP, U.N.O.

E. STOREFRONT ASSEMBLY FRAMING TO BE 2" X 6", U.N.O.

F. GLAZING TYPE DEPENDENT ON STOREFRONT ORIENTATION; REFER TO SPECIFICATIONS.

GENERAL EXTERIOR OPENING NOTES

IG-1 / IG-2 / IG-3 / IG-4 / IG-5

EXTERIOR INSULATED GLASS UNIT:VISION GLASS, SEE SPECIFICATIONS

SG-1

EXTERIOR INSULATED GLASS UNIT: SPANDREL GLASS, SEE SPECIFICATIONS

EXTERIOR OPENING KEYNOTES

GL-1

INTERIOR GLASS:VISION GLASS, SEE SPECIFICATIONS

1

1 4-1/2" CORNER MULLION.

2 DIAGONAL CORNER MULLION.

3 5 1/2" BACKSET / SSG EXTRUDED ALUMINUM FRAME.

4 DOUBLE MULLION; COORDINATE LOCATION W/ INTERSECTIONWITH STOREFRONT.

5 2-1/2" X 7-1/2" MULLION AT DOOR HEAD.

6 8 1/2" BACKSET / SSG EXTRUDED ALUMINUM FRAME.

7 VERIFY SIZE AND LOCATION WITH GLULAM BEAM.

GLAZING TYPES

Level 1100' - 0"

A110.1

SF13

11' -

4"

3' -

3"

4' -

9"

3' -

4"

17' - 9"

EQ3' - 2"3' - 2"EQ

3' -

3"

8' -

1"

1

1

Level 2114' - 0"

Level 3128' - 0"

SF16

14' -

4"

8"

2' -

10"

3' -

5"

8' -

1"

5' - 4"5' - 4"5' - 4"

16' - 0"

1

1

Level 2114' - 0"

Level 3128' - 0"

SF17

14' -

4"

8"

2' -

10"

3' -

5"

8' -

1"

EQEQEQEQ

20' - 0"

11

Level 2114' - 0"

Level 3128' - 0"

SF19

14' -

4"

8"

15' - 3"

2' -

10"

3' -

5"

8' -

1"

EQEQEQ

1

1

FILE:

DRAWN BY:

CHECKED BY:

PROJ. NO:

DRAWING NO:

DRAWING TITLE:

PROJECT NAME:

CLIENT:





PRELIMINARY

FOR REFERENCE ONLY





A B

C D

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190941

STOREFRONTELEVATIONS

6/30/20

1/4" = 1'-0"8 SF051/4" = 1'-0"9 SF06

1/4" = 1'-0"4 SF041/4" = 1'-0"3 SF03

1/4" = 1'-0"2 SF02

1/4" = 1'-0"10 SF10

1/4" = 1'-0"14 SF141/4" = 1'-0"12 SF12

1/4" = 1'-0"1 SF01

1/4" = 1'-0"11 SF11

1/4" = 1'-0"18 SF18

1/4" = 1'-0"6 SF081/4" = 1'-0"5 SF07

1/4" = 1'-0"7 SF09

1/4" = 1'-0"15 SF151/4" = 1'-0"13 SF13

1/4" = 1'-0"16 SF16

1/4" = 1'-0"17 SF171/4" = 1'-0"19 SF19

1

1

No. Revisions Date

1 ADDENDUM 02 07/14/2020

2 ADDENDUM 03 7/17/2020

1

2

MC

EA6 - EH3

EXTERIOR STRUCTURAL CORE / FRAMING WALL

EXTERIOR FINISH MATERIAL

MC -METAL CLADDING

COMPOSITE EXTERIOR WALL TAG:

FURRING OR CONTINUOUS INSULATION(IF APPLICABLE)

EXTERIOR WALL, SEE PLAN / ELEVATIONS

METAL CLADDING

MC

---

METAL CLADDING; SEE DETAILS

EXTERIORINTERIOR

PRECAST CONCRETE PANEL

PRECAST WALL PANELS

SMOOTH INTERIOR FINISH

SEE BELOW

THICKNESS

AIR / VAPOR / WEATHER BARRIER

WHERE APPLICABLE, SEE DETAILS

EXTERIOR INSULATION, FURRING, AND FINISH MATERIALS (SCHEDULED SEPARATELY)

EP

---

SEE BELOW

STUD SIZE

3/4" PLYWOOD

VAPOR-PERMEABLE, AIR /WEATHER BARRIER

TYPICAL EXTERIOR FINISH,SCHEDULED SEPARATELY

EXTERIORINTERIOR

COLD-FORMED FRAMING, SEE BELOW


EXTERIOR FURRING

EG

---

(EP6)6" PRECAST STRUCTURAL CORE

(EH3)Z-GIRT FRAMING SYSTEM /CONTINUOUS INSULATION

(MC)METAL CLADDING

EXAMPLE COMPOSITE EXTERIOR WALL

MC

EP6 - EH3

3" RIGID INSULATION

TYPICAL EXTERIOR FINISH, SCHEDULED SEPARATELY

THERMALLY BROKEN Z-FURRING(INSTALLED HORIZONTALLY)

3/4" PLYWOOD


EXTERIOR Z-GIRT FURRING

EH

---


EXTERIORINTERIOR

FRAMING SIZESEE BELOW

NOTE: WHERE WALL PROJECTS ABOVE GRADE, PROVIDE CLASS A ARCHITECTURAL FINISH ON ALL EXPOSED FACES

EXTERIOR

CAST-IN-PLACE CONCRETE; SEE STRUCTURAL

RIGID INSULATION

CAST-IN-PLACE CONCRETE; SEE STRUCTURAL

INTERIOR


THICKNESS

STRUCT 2" 4"

ASSEMBLY THICKNESS

PLAN

MAXIMUM FIRE RESISTANCE: 4 HR

TM

"THERMO-MASS" CAST-IN-PLACE WALL W/ INTEGRAL INSULATION

4"

3/4"

NOTE: USE SAME ANGLE AT TOP OF REVEAL

MEDIUM SANDBLAST FINISH ALL 3 SIDES OF REVEAL

ACID ETCHED FINISH ON SURFACE OF PANELS

1/4" 3 1/2" 1/4"

8' -

0"

8' - 0"

2' - 6" 2' - 6" 2' - 0" 1' - 0"

2' -

6"

5' -

6"

2

G501___________________

12

G501___________________

2

G501___________________

1

G501___________________

= ACID ETCH, FINISH TYPE B: PCI 549

= MEDIUM SAND BLAST, FINISH TYPE B: PCI 549

PRECAST MOCK-UP ELEVATION

12

G501___________________

12

G501___________________

12

G501___________________

4' -

0"

4' -

0"

INSULATED PRECAST WALL PANEL

WOOD BLOCKING AT OPENING, ALL SIDES TYP.

EXTERIOR

PRECAST CONCRETEEXTERIOR FINISH: SEE ELEVATIONSAND SPECIFICATIONS

RIGID INSULATION

STRUCTURAL CORE,PRECAST CONCRETE

INTERIOR


THICKNESS

STRUCT 3" 3"

ASSEMBLY THICKNESS

PLAN

MAXIMUM FIRE RESISTANCE: 4 HR

PC

PRECAST WALL PANEL W/ INTEGRAL INSULATION

A

X

#

SUPERSCRIPT MODIFIER

SUBSCRIPT MODIFIER

TYPE SERIES

A - ACOUSTICALLY RATED - FILL WITH ACOUSTIC INSULATIONB - ACCENT COLOR CONCRETEG - GROUT FILL

P - WOOD PANELLING OVER GYP BOARD ON TAG SIDE

42" - NUMBER INDICATES TOP OF WALL ABOVE FINISHED FLOOR

NO SUBSCRIPT:EXTEND ENTIRE PARTITION TO STRUCTURE ABOVE; NO ACOUSTICAL INSULATION

X

1. ADD LAYER(S) OF GYP TO ALIGN WALL FINISH WITH ADJACENT WALL2. ADHERE ONE LAYER 5/8" GYP BOARD TO TAG SIDE

#

PARTITION TAG:

PARTITION SUBSCRIPT KEY:

PARTITION SUPERSCRIPT NOTES:

#h

WALL RATING 1h, 2h, 3h, 4h, S(SMOKE) REFER TO LIFE SAFETY SHEETS FOR ADDITIONAL INFORMATION

WALL AND PARTITION SYMBOL LEGEND

THE FOLLOWING NOTES APPLY TO ALL WALL TYPES.

1. ALL METAL STUDS TO BE PLACED AT 24" O.C., U.N.O. REFER TO THE STRUCTURAL DRAWINGS FOR LOCATIONS AND SPECIAL REQUIREMENTS FOR STUD SPACINGON ALL BEARING WALL ASSEMBLIES.

2. WALL AND PARTITION STANDARDS SHOWN ARE CONSIDERED MINIMUM STANDARDS. WHERE CONDITIONS OF THE WORK EXCEED THE MANUFACTURER’S RECOMMENDED LIMITS, REINFORCE THE WALL OR PARTITION AS REQUIRED.

3. FOLLOW STRUCTURAL DETAILS, NOTES, AND DRAWINGS FOR REINFORCING AND GROUTING IF THEY DIFFER FROM WHAT IS SHOWN IN THE WALL TYPE DETAILS.

4. WHERE A CLEAR DIMENSION IS NOTED OR REQUIRED, DIMENSION SHALL BE FROM FACE OF WALL FINISH.

5. WHERE PARTITIONS AND/ OR WALLS ALIGN WITH FURRING, POSITION FURRING TO MAINTAIN A FLUSH FINISH ALONG THE COPLANAR EDGES.

6. PROVIDE BLOCKING OR BACKER MATERIAL WITHIN WALL FOR ALL WALL MOUNTED EQUIPMENT SHOWN OR NOTED IN THE CONSTRUCTION DOCUMENTS.

7. PROVIDE WATER RESISTANT GYPSUM BOARD IN AREAS THAT SURROUND JANITORIAL SINKS AND AS REQUIRED BY CODE.

8. PROVIDE TILE BACKER BOARD IN AREAS SCHEDULED TO RECEIVE TILE FINISH.

9. SEE CODE / LIFE SAFETY PLANS FOR SMOKE AND FIRE RESISTANCE RATING REQUIREMENTS. RATINGS NOTED ON WALL TYPES ARE MAXIMUMS FOR THE ASSEMBLY AND MAY EXCEED THE ACTUAL FIRE RATINGS REQUIRED FOR THE PROJECT.

10. AT ACOUSTICALLY RATED WALLS PROVIDE ACOUSTIC SEALANT AT ALL PENETRATIONS AND SOUND BATT INSULATION IN THE CAVITY.

11. AT FIRE RATED WALLS / PARTITIONS PROVIDE CAVITY INSULATION AS REQUIRED BY THE SCHEDULED FIRE TEST ASSEMBLY DESIGNATION.

12. AT FIRE RATED ASSEMBLIES PROVIDE TYPE 'X' GYPSUM BOARD.

13. ALL OPENINGS CUT, PENETRATIONS MADE, OR EQUIPMENT INSTALLED IN FIRE RATED WALLS, PARTITIONS, FLOORS, OR CEILINGS, SHALL BE RESTORED,SEALED, FIRE-STOPPED OR OTHERWISE CONSTRUCTED OR REPAIRED TO MAINTAIN THE INTEGRITY OF THE FIRE RATING TO THE FULL SATISFACTION OF THE ARCHITECT, ENGINEER, AND BUILDING OFFICIAL. THE GENERAL CONTRACTOR SHALL COORDINATE AND BE RESPONSIBLE FOR THIS WORK.

14. INSTALLED WALL / PARTITION ASSEMBLIES MUST COMPLY WITH THE TESTED ASSEMBLY NOTED FOR THAT WALL TYPE. ONLY PRODUCTS NOTED IN THE TESTED ASSEMBLY ARE ACCEPTABLE FOR USE. IT IS THE GENERAL CONTRACTOR'S RESPONSIBILITY TO SHOW COMPLIANCE WITH THE ASSEMBLYNOTED, OR PROPOSE AN EQUIVALENT TESTED ASSEMBLY USING THE DESIRED MATERIALS, FOR THE ARCHITECT, ENGINEER, AND BUILDING OFFICIAL TO REVIEW AND APPROVE.

15. AT PARTITIONS BETWEEN CLASSROOMS, INSULATE THE BACKSIDE OF ALL RECEPTACLES.

16. DO NOT INSTALL ELECTRICAL BOXES, PHONE BOXES, OR OTHER COMMUNICATION / DATA BOXES BACK-TO-BACK IN THE SAME STUD SPACE.

17. PROVIDE MANUFACTURER APPROVED TERMINATIONS, FLASHINGS, AND ACCESSORIES FOR WATERPROOFING SYSTEMS. THE GENERAL CONTRACTOR SHALL COORDINATE AND BE RESPONSIBLE FOR THIS WORK. SEE APPROPRIATE SPECIFICATION SECTIONS FOR ADDITIONAL INFORMATION.

WALL AND PARTITION TYPE NOTES

SEE BELOW

STUD SIZE

5/8" GLASS MAT SHEATHING


TYPICAL EXTERIOR FINISH,SCHEDULED SEPARATELY

EXTERIORINTERIOR

COLD-FORMED FRAMING, SEE BELOW


EXTERIOR FURRING

EF

---

5/8"

SEE BELOW

STUD SIZE 5/8"



5/8" GYP. BOARD


EXTERIOR FINISH MATERIALS ARE SCHEDULED SEPARATELY

EXTERIORINTERIOR

EXTERIOR STUD WALL

EA

---

2' -

0"

3' - 0"

1' -

10

1/2"

2' - 10 1/2"

3/4" 3/4"

3/4"

3/4"

3/4"

3/4"3/4"

3/4"

CUT (UNFOLDED) METAL CLADDING STOCK - NOMINAL SIZE

FOLDED METAL CLADDING STOCK - ACTUAL SIZE

SURFACE APPLIED - ISOMETRIC

CLEATS, TYP

36"x24" NOMINAL METAL PANEL

LINE OF FOLD

TAB FOLDED BACKWARD

LINE OF TAB FOLDED FORWARD

AIR BARRIER

SECTION @ JOINT

3/4" PLYWOOD

REFER TO PLAN FOR WALL CONSTRUCTION

SEE PLAN / ELEVATIONFOR WALL CONTRUCTION

CLEAT

METAL CORNER CLOSURE

AIR BARRIER

METAL PANEL

SEE PLAN / ELEVATIONSFOR WALL CONTRUCTION

CLEAT

METAL CORNER CLOSURE

AIR BARRIER

METAL PANEL

1 1/4"

SEE BELOW

STUD SIZE 5/8"



5/8" GYP. BOARD, (2) LAYERS


EXTERIOR FINISH MATERIALS ARE SCHEDULED SEPARATELY

EXTERIORINTERIOR

EXTERIOR STUD WALL

ED

---

4"

SEALANT JOINT3/4"

2-STAGE JOINT: SEE DETAIL

3/4"

NOTE: USE SAME ANGLE AT TOP OF REVEAL

MEDIUM SANDBLAST FINISH ALL 3 SIDES OF REVEAL

ACID ETCHED FINISH ON SURFACE OF PANELS

1/4" 3 1/2" 1/4"

12

/5 G501


SEALANT JO

INT

3/4"

3/4"

1/2"

1/2" 3/4"ACID ETCHED FINISH ON SURFACE OF PANELS

1

2

/5 G501


± 1/2"

1

2

/5 G501

8"

VENTED WEEP

VENTED WEEP (ALSOOCCURS AT PANEL JOINTABOVE WINDOW)

EXTERIOR SEALANT AND BACKER ROD

PRIMARY SEALAND BACKER ROD

RIGID INSULATION

DRAINAGE CAVITY

EXTERIOR SEALANT AND BACKER ROD

ARCHITECTURAL FACE OF PRECAST

GRADE

INTERIOR SEALANT(PAINTABLE)AND BACKER ROD

2

TOP OF WALL

BASE OF WALL

FILE:

DRAWN BY:

CHECKED BY:

PROJ. NO:

DRAWING NO:

DRAWING TITLE:

PROJECT NAME:

CLIENT:





PRELIMINARY

FOR REFERENCE ONLY





A B

C D

No. Issued For Date


BIM

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NH/NRP

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190941

EXTERIOR WALL TYPES

6/30/20

1 1/2" = 1'-0"17 EXTERIOR FINISH MATERIALS

1 1/2" = 1'-0"21 EXTERIOR CORE WALL TYPES

WALLTYPE

THICKNESS COMMENTS

EP4 4"

EP6 6"

EP8 8"

EP12 12"

1 1/2" = 1'-0"18 EXTERIOR FURRING WALL TYPES

WALLTYPE STUD SIZE COMMENTS

EF6 6"

WALLTYPE

FRAMINGSIZE COMMENTS

EH3 3"

3" = 1'-0"1 TYPICAL PRECAST PANEL REVEAL

1 1/2" = 1'-0"12 TYPICAL PRECAST OPENING DETAIL

1 1/2" = 1'-0"20 SINGLE LAYER EXTERIOR WALL TYPES

PARTITIONTYPE

STRUCTTHICKNESS

ASSEMBLYTHICKNESS

ASSEMBLYR-VALUE FIRE TEST COMMENTS

PC6 6" 12" IBC TABLE722.2.1.1

PC8 8" 14" IBC TABLE722.2.1.1

PARTITIONTYPE

STRUCTTHICKNESS

ASSEMBLYTHICKNESS

ASSEMBLYR-VALUE FIRE TEST COMMENTS

TM6 6" 12" IBC TABLE722.2.1.1

TM8 8" 14" IBC TABLE722.2.1.1


EG6 6"


EA6 6"

NTS3 METAL CLADDING CONSTRUCTION DIAGRAM

3" = 1'-0"9 METAL CLADDING TYP CORNER DETAIL

3" = 1'-0"4 METAL CLADDING TYP OUTSIDE CORNER DETAIL


ED6 6"

3" = 1'-0"2 TYPICAL PRECAST PANEL JOINT

3" = 1'-0"7 TYPICAL PRECAST EXTERIOR CORNER

3" = 1'-0"8 TYPICAL PRECAST INTERIOR CORNER

No. Revisions Date

1 ADDENDUM 02 07/14/2020

2 ADDENDUM 03 7/17/2020

1" = 1'-0"5 TWO STAGE SEALANT JOINT INSUL. PRECAST WALL

Level 1100' - 0"

Level 2114' - 0"

Level 3128' - 0"

SH

IMS

PA

CE

28' -

11"

4' - 0"

EP61

Level 1100' - 0"

Level 2114' - 0"

Level 3128' - 0"

5' - 8" 2' - 6"

31' -

5"

1' -

2"

SH

IMS

PA

CE

32' -

7"

8' - 2"

EP61

Level 1100' - 0"

EP4B

SH

IMS

PA

CE

4' -

3"

16' - 2 3/4"

7

G501___________________5

A511___________________

Level 1100' - 0"

EP4B

SH

IMS

PA

CE

4' -

3"

13' - 8 3/4"

7

G501___________________

5

A511___________________

Level 1100' - 0"

SH

IMS

PA

CE

3' -

3"

EP4B

20' - 3 3/4"

7

G501___________________

5

A511___________________

Level 1100' - 0"

2' - 1 1/2"

SH

IMS

PA

CE

3' -

3"

EP4B

7

G501___________________

Level 1100' - 0"

EP4B

SH

IMS

PA

CE

3' -

3"

6' - 10"

5

A511___________________

Level 1100' - 0"

1

A301

_____________________

EP4B

20' - 10 3/4"

4' -

3"

SH

IMS

PA

CE

7

G501___________________

5

A511___________________

Level 1100' - 0"

Level 2114' - 0"

11' -

11"

4"2'

- 8

"

SH

IMS

PA

CE

14' -

9 1

/2"

PC6B

1

G501___________________

2

G501___________________

COORDINATE LOCATION OF OVERFLOW DRAIN PENETRATIONS

1Level 1

100' - 0"

Level 2114' - 0"

2' -

6 1

/2"

4"11

' - 1

1"14' -

9 1

/2"

SH

IMS

PA

CE

1' - 0"

8

G501___________________

1

G501___________________

2

G501___________________PC6

B

Level 1100' - 0"

EP4B

SH

IMS

PA

CE

3' -

3"

11' - 10 1/2"

5

A511___________________

7

G501___________________

Level 1100' - 0"

SH

IMS

PA

CE

3' -

3"

2' - 0 3/4"

5

A511___________________

7

G501___________________

EP4B Level 1

100' - 0"

3' -

3"

SH

IMS

PA

CE

EP4B

16' - 5"

5

A511___________________

Level 1100' - 0"

SH

IMS

PA

CE

3' -

3"

3" 13' - 9"

14' - 0"

EP4B

5

A511___________________

2

G501___________________

7

G501___________________

Level 1100' - 0"

SH

IMS

PA

CE

3' -

3"

16' - 11 1/2"

EP4B

5

A511___________________

7

G501___________________

Level 1100' - 0"

Level 2114' - 0"

17' -

8"

SH

IMS

PA

CE

17' -

2"

6"

11' - 11 1/4"

11' - 8 1/4" 3"

PC6B

2

G501___________________


1

Level 1100' - 0"

Level 2114' - 0"

Level 3128' - 0"

Level 4134' - 8"

SH

IMS

PA

CE

34' -

7"

4' - 0"

6' - 6"

33' -

1"

1' -

6"

EP12

Level 1100' - 0"

Level 2114' - 0"

9' - 10 1/2"

17' -

8"

SH

IMS

PA

CE

PC6B

7

G501___________________

Level 1100' - 0"

Level 2114' - 0"

6' - 4 3/4"

17' -

8"

SH

IMS

PA

CE

PC6B

7

G501___________________

Level 1100' - 0"

Level 2114' - 0"

1' - 0" 7' - 6"

17' -

8"

SH

IMS

PA

CE

PC6B

8

G501___________________

8' - 6"

Level 1100' - 0"

Level 2114' - 0"

9' - 6 1/2"

17' -

8"

SH

IMS

PA

CE

PC6B

9' - 3 1/2" 3"

17' -

2"

6"

2

G501___________________

7

G501___________________

Level 1100' - 0"

Level 2114' - 0"

3' - 0" 1' - 0"

17' -

8"

SH

IMS

PA

CE

6"17

' - 2

"

4' - 0"

PC6B

2

G501___________________

8

G501___________________

Level 1100' - 0"

Level 2114' - 0"

17' -

8"

SH

IMS

PA

CE

8' -

1"

9' -

1"

6"

PC6B

9' - 3 1/4"

9' - 0 1/4" 3"

12

G501___________________

2

G501___________________

12

G501___________________

EQ 4' - 4" EQ

1

Level 1100' - 0"

Level 2114' - 0"

17' -

8"

SH

IMS

PA

CE

PC6B

6"8'

- 3

"8'

- 1

1"

3" 10' - 6 1/4"

15

A612___________________

2

G501___________________

14

A612___________________

10' - 9 1/4"

1' - 4 1/4" 8' - 0" 1' - 5"

Level 2114' - 0"

7' - 11 1/4"

6' -

1"

PC6B

15

A612___________________

Level 2114' - 0"

9' -

7"

3' - 3 1/4"

PC6B

12

G501___________________

Level 1100' - 0"

Level 2114' - 0"

4' - 3 5/8" 3' - 4" 4' - 0 5/8" 3"

4' -

6 1

/2"

7' -

4"

4' -

3"

SH

IMS

PA

CE

16' -

1 1

/2"

PC6B

11' - 11 1/4"

1

A511___________________ 2

G501___________________

1

A511___________________

1

A511___________________


1Level 1

100' - 0"

Level 2114' - 0"

4' -

6 1

/2"

7' -

4"

4' -

3"

2' - 3 5/8"3' - 4"2' - 0 5/8"3"

PC6B

7' - 11 1/4"

16' -

1 1

/2"

SH

IMS

PA

CE

2

G501___________________

1

A511___________________

1

A511___________________

1

A511___________________

2

Level 1100' - 0"

SH

IMS

PA

CE

4' -

3"

PC6B

13' - 0 1/2"

7

G501___________________

5

A511___________________

Level 1100' - 0"

5' - 6"

SH

IMS

PA

CE

4' -

3"

PC6B

7

G501___________________5

A511___________________

Level 1100' - 0"

EP4B

SH

IMS

PA

CE

3' -

3"

2' - 0 1/4"

7

G501___________________

Level 1100' - 0"

SH

IMS

PA

CE

3' -

3"

1' - 5 1/2"

EP4B

Level 1100' - 0"

EP4B

SH

IMS

PA

CE

3' -

3"

16' - 8 1/4"

16' - 5 1/4"3"

2

G501___________________

5

A511___________________

Level 1100' - 0"

EP4B

29' - 4"

SH

IMS

PA

CE

3' -

3" 7

G501___________________

5

A511___________________

Level 1100' - 0"

Level 2114' - 0"

SH

IMS

PA

CE

17' -

11"

3' -

0"

14' -

11"

16' - 6 1/2"

1' - 6"

EP8

FILE:

DRAWN BY:

CHECKED BY:

PROJ. NO:

DRAWING NO:

DRAWING TITLE:

PROJECT NAME:

CLIENT:





PRELIMINARY

FOR REFERENCE ONLY





A B

C D

No. Issued For Date


BIM

36

0://1

909

41

RP

S S

ch

mid

t P

ark

Ele

men

tary

/190

94

1 R

PS

NW

ES

AT

SC

HM

IDT

PA

RK

A2

0.r

vt

7/1

7/2

020

12:5

0:5

4 P

M

G504

NH/NRP

KM

190941

PRECAST PANEL TYPES-P/R/S/T/X SERIES

06/27/20

1/4" = 1'-0"X1 PANEL X11/4" = 1'-0"X2 PANEL X2

1/4" = 1'-0"S1 PANEL S11/4" = 1'-0"S2 PANEL S2L (S2R REV.)

1/4" = 1'-0"S4 PANEL S41/4" = 1'-0"S5 PANEL S5

1/4" = 1'-0"S6 PANEL S61/4" = 1'-0"S3 PANEL S3L (S3R REV.)

1/4" = 1'-0"P1 PANEL P11/4" = 1'-0"P2 PANEL P2

1/4" = 1'-0"T5 PANEL T51/4" = 1'-0"T4 PANEL T4

1/4" = 1'-0"T3 PANEL T31/4" = 1'-0"T2 PANEL T2

1/4" = 1'-0"T1 PANEL T1

1/4" = 1'-0"P3 PANEL P3

1/4" = 1'-0"X3 PANEL X3

1/4" = 1'-0"P4APANEL P4A1/4" = 1'-0"P4BPANEL P4B

1/4" = 1'-0"P6 PANEL P61/4" = 1'-0"P5 PANEL P5

1/4" = 1'-0"P7 PANEL P7

1/4" = 1'-0"P8 PANEL P81/4" = 1'-0"P9 PANEL P9

1/4" = 1'-0"T6 PANEL T61/4" = 1'-0"T7 PANEL T7

1/4" = 1'-0"R1 PANEL R11/4" = 1'-0"R2 PANEL R2

1/4" = 1'-0"R7 PANEL R71/4" = 1'-0"R8 PANEL R8

1/4" = 1'-0"R5 PANEL R51/4" = 1'-0"R6 PANEL R6

1/4" = 1'-0"R3 PANEL R31/4" = 1'-0"R4 PANEL R4

1/4" = 1'-0"X4 PANEL X4

No. Revisions Date

1 ADDENDUM 02 07/14/2020

2 ADDENDUM 03 7/17/2020