AUXILIARY GYM ROOF REPLACEMENT DUDLEY HIGH …purchasing.gcsnc.com/RFQAttachments/DudleyHSRFP...Will remain unopened until 2:00 P.M. Confirm Purchasing Agent to which the proposal

AUXILIARY GYM ROOF REPLACEMENT DUDLEY HIGH SCHOOL

GREENSBORO, NORTH CAROLINA

PREPARED FOR

PREPARED FOR

GUILFORD CO. SCHOOLS Purchasing Department

501 W. Washington StreetGreensboro, N.C. 27401

BY

Richard Nuhn Consultants 1913 Thayer Circle

Greensboro, NC 27407 Tel 336.855.1182

April 23, 2020

BID SET

00 22 13-1Auxiliary Gym Roof Replacement

Dudley High School

DIVISION 1. GENERAL REQUIREMENTS

SECTION 00 22 13 – INSTRUCTIONS TO BIDDERS - Dudley HS Auxiliary Gym Roof Replacement

1. FINAL TIME FOR RECEIVING PROPOSALS:2:00 P.M. local time, Thursday, May 7, 2020

2. RECEIVING of PROPOSALS:Sealed bids will be received ELECTRONICALLY to the Purchasing Department of the Guilford CountySchool System up until 2:00 pm on THURSDAY, MAY 7th, 2020. All electronic bids shall be sent to JoeFarrar at [email protected]

3. PROPOSALS RECEIVED BEFORE TIME OF OPENING:Will remain unopened until 2:00 P.M. Confirm Purchasing Agent to which the proposal is to bedelivered to. Purchasing agent is Joe Farrar, email: [email protected]

4. PROPOSALS RECEIVED AFTER TIME FOR OPENING:Will not be accepted.

5. OPENING OF PROPOSALS:

Bids will be opened by GCS Purchasing Department.Tabulations will be sent to all bidders once bids have been reviewed and certified as responsive.

6. EXAMINATION OF DRAWINGS AND DOCUMENTS:Should a bidder find discrepancies in, or omissions from, the drawings or documents, or should he bein doubt as to their meaning, he should at once notify the Designer, who will send written instructionsto all bidders. Neither the Owner nor the Designer will be responsible for any oral instructions.

7. EXAMINATION OF THE SITE:Before submitting a proposal, each bidder should visit the site of the work, fully inform himself as to allexisting conditions and limitations, and shall include in the proposal a sum to cover all items includedin the contract.

8. USE OF SITE:Owner must have use of the facility throughout the construction period, utilities are to be kept inoperation.

9. ADDENDA:Any addenda issued and received during the time of bidding shall be included and acknowledged in theproposal and in closing a contract, they will become a part thereof.

10. PREPARATION OF PROPOSALS:

To be entitled to consideration, proposals must be made in accordance with the following instructions:

A. Proposals shall be made upon the loose forms provided (PDF files) and all blank spaces in theforms shall be filled; numbers shall be stated both in writing and in figures; the signature shallbe long hand; and the completed forms shall be without interlineation, alteration, or erasure.

B. The Bidder shall assume full responsibility for submitting all forms required by the Owner forsubmission with the Bids. The Bidder shall fully examine the contract documents for allrequired submissions to be delivered with the bids.


Dudley High School11. PROPOSALS:

A. Address to Owner and deliver marked only as follows:

"Bid Enclosed

AUXILIARY GYM ROOF REPLACEMENTDudley High School

Guilford County SchoolsGreensboro, North Carolina

B. Include North Carolina Contractor's license cover page along with the name and address of thebidder.

12. MINORITY PARTICIPATION

A. Minority businesses are encouraged to submit bids for this project. The appropriate forms fromthe section entitled "Participation by Women and Minority Owned Businesses" must besubmitted with each bid to show good faith efforts to obtain Minority and Women OwnedBusiness Enterprise participation.

B. The Guilford County Board of Education awards public contracts without regard to race,religion, color, creed, national origin, sex, age or handicapped condition as defined by NorthCarolina General Statutes, Section 168A-3.

13. INSURANCE:

A. As a condition precedent to effectuation of the contract, furnish certificate of coverage of fireinsurance for all the work performed by this contract. See A107 - 2007, for insurancerequirements required for working on a GCS project.

14. BONDS

A. A 100% Performance and Labor and Material Payment Bonds are required for this project. Nobid may be withdrawn after the scheduled closing time for the receipt of bids for a period of 60days.

15. TIME FOR COMPLETION:

A. Work to commence as soon as possible after issuance of Guilford County Schools purchaseorder. All work to be substantially complete within 60 calendar days, in such a condition thatthe areas of remedial work can be used for their intended purposes. Project Completion Dateis 30 days after the substantial completion date. Anticipated start date is May 18, 2020

B. If the Contractor is delayed at anytime in the progress of his work by changes ordered in thework; abnormal weather conditions; or any causes beyond the Contractor's control or any othercauses deemed justifiable by the Designer, then the contract time shall be reasonably extendedin a written Change Order from the Designer.

C. The Contractor is to notify the Designer and the Owner within one day of any delays causedby conditions beyond his control. A written report shall be submitted with the Contractor’sapplication for payment each month listing all requests for contract time extensions for thatmonth. No extensions in time will be allowed if not handled in this manner.


Dudley High School

16. ACCEPTANCE OR REJECTION OF PROPOSALS:

A. The competency and responsibility of bidders and their proposed subcontractors will beconsidered in making the award. The Owner does not obligate himself to accept the lowest orany other bid.

B. The Owner reserves the right to hold proposals for 30 days before award or rejection, and toreject any or all bids.

18. SCHOOL ADDRESS:

A. 1200 Lincoln St, Greensboro, NC 27401

00 22 23-1Roof Replacement

Gateway Education Center

SECTION - 00 22 23

AIA A701 - INSTRUCTION TO BIDDERS

TABLE OF ARTICLES

1 DEFINITIONS

2 BIDDER'S REPRESENTATIONS

3 BIDDING DOCUMENTS

4 BIDDING PROCEDURES

5 CONSIDERATION OF BIDS

6 POST-BID INFORMATION

7 PERFORMANCE BOND AND PAYMENT BOND

8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR



ARTICLE 1 DEFINITIONS§ 1.1 Bidding Documents include the Bidding Requirements and the proposed ContractDocuments. The Bidding Requirements consist of the Advertisement or Invitation to Bid,Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and othersample bidding and contract forms. The proposed Contract Documents consist of the formof Agreement between the Owner and Contractor, Conditions of the Contract (General,Supplementary and other Conditions), Drawings, Specifications and all Addenda issuedprior to execution of the Contract.

§ 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIADocument A201, or in other Contract Documents are applicable to the Bidding Documents.

§ 1.3 Addenda are written or graphic instruments issued by the Designer prior to theexecution of the Contract which modify or interpret the Bidding Documents by additions,deletions, clarifications or corrections.

§ 1.4 A Bid is a complete and properly executed proposal to do the Work for the sumsstipulated therein, submitted in accordance with the Bidding Documents.

§ 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform theWork described in the Bidding Documents as the base, to which Work may be added orfrom which Work may be deleted for sums stated in Alternate Bids.

§ 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to ordeducted from the amount of the Base Bid if the corresponding change in the Work, asdescribed in the Bidding Documents, is accepted.

§ 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement formaterials, equipment or services or a portion of the Work as described in the BiddingDocuments.

§ 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements setforth in the Bidding Documents.

§ 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials,equipment or labor for a portion of the Work.

ARTICLE 2 BIDDER'S REPRESENTATIONS§ 2.1 The Bidder by making a Bid represents that:§ 2.1.1 The Bidder has read and understands the Bidding Documents or ContractDocuments, to the extent that such documentation relates to the Work for which the Bidis submitted, and for other portions of the Project, if any, being bid concurrently or presentlyunder construction.

§ 2.1.2 The Bid is made in compliance with the Bidding Documents.



§ 2.1.3 The Bidder has visited the site, become familiar with local conditions under whichthe Work is to be performed and has correlated the Bidder's personal observations withthe requirements of the proposed Contract Documents.

§ 2.1.4 The Bid is based upon the materials, equipment and systems required by theBidding Documents without exception.

§ 2.1.5 The Bid is based upon a detailed review of the technical specifications and that allrequired qualifications for experience stated for the various components of the roofingsystem required by the Bidding Documents will be met without exception.

§ 2.1.6 The Bid is based upon providing a safe work environment and that all requirementof OSHA for fall safety and ladder securement is included in the bid without exception.

ARTICLE 3 BIDDING DOCUMENTS§ 3.1 COPIES§ 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing officedesignated in the Advertisement or Invitation to Bid in the number and for the deposit sum,if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bidand return the Bidding Documents in good condition within ten days after receipt of Bids.The cost of replacement of missing or damaged documents will be deducted from thedeposit. A Bidder receiving a Contract award may retain the Bidding Documents and theBidder's deposit will be refunded.

§ 3.1.2 Bidding Documents will not be issued directly to Sub-bidders unless specificallyoffered in the Advertisement or Invitation to Bid, or in supplementary instructions tobidders.

§ 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids; neitherthe Owner nor Designer assumes responsibility for errors or misinterpretations resultingfrom the use of incomplete sets of Bidding Documents.

§ 3.1.4 The Owner and Designer may make copies of the Bidding Documents available onthe above terms for the purpose of obtaining Bids on the Work. No license or grant of useis conferred by issuance of copies of the Bidding Documents.

§ 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS§ 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with eachother, and with other work being bid concurrently or presently under construction to theextent that it relates to the Work for which the Bid is submitted, shall examine the site andlocal conditions, and shall at once report to the Designer errors, inconsistencies orambiguities discovered.

§ 3.2.2 Bidders and Sub-bidders requiring clarification or interpretation of the BiddingDocuments shall make a written request which shall reach the Designer at least sevendays prior to the date for receipt of Bids.



§ 3.2.3 Interpretations, corrections and changes of the Bidding Documents will be madeby Addendum. Interpretations, corrections and changes of the Bidding Documents madein any other manner will not be binding, and Bidders shall not rely upon them.

§ 3.3 SUBSTITUTIONS§ 3.3.1 The materials, products and equipment described in the Bidding Documentsestablish a standard of required function, dimension, appearance and quality to be met byany proposed substitution.

§ 3.3.2 No substitution will be considered prior to receipt of Bids unless written request forapproval has been received by the Designer at least ten days prior to the date for receiptof Bids. Such requests shall include the name of the material or equipment for which it isto be substituted and a complete description of the proposed substitution includingdrawings, performance and test data, and other information necessary for an evaluation.A statement setting forth changes in other materials, equipment or other portions of theWork, including changes in the work of other contracts that incorporation of the proposedsubstitution would require, shall be included. The burden of proof of the merit of theproposed substitution is upon the proposer. The Designer's decision of approval ordisapproval of a proposed substitution shall be f inal.

§ 3.3.3 If the Designer approves a proposed substitution prior to receipt of Bids, suchapproval will be set forth in an Addendum. Bidders shall not rely upon approvals made inany other manner.

§ 3.3.4 No substitutions will be considered after the Contract award unless specificallyprovided for in the Contract Documents.

§ 3.4 ADDENDA§ 3.4.1 Addenda will be transmitted to all who are known by the issuing office to havereceived a complete set of Bidding Documents.

§ 3.4.2 Copies of Addenda will be made available for inspection wherever BiddingDocuments are on file for that purpose.

§ 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bidsexcept an Addendum withdrawing the request for Bids or one which includespostponement of the date for receipt of Bids.

§ 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has receivedall Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.

ARTICLE 4 BIDDING PROCEDURES§ 4.1 PREPARATION OF BIDS§ 4.1.1 Bids shall be submitted on the forms included with the Bidding Documents.

§ 4.1.2 All blanks on the bid form shall be legibly executed in a non-erasable medium.



§ 4.1.3 Sums shall be expressed in both words and figures. In case of discrepancy, theamount written in words shall govern.

§ 4.1.4 Interlineations, alterations and erasures must be initialed by the signer of the Bid.

§ 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter"No Change."

§ 4.1.6 Where two or more Bids for designated portions of the Work have been requested,the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to acceptaward of less than the combination of Bids stipulated by the Bidder. The Bidder shall makeno additional stipulations on the bid form nor qualify the Bid in any other manner.

§ 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature oflegal form of the Bidder. The Bidder shall provide evidence of legal authority to performwithin the jurisdiction of the Work. Each copy shall be signed by the person or personslegally authorized to bind the Bidder to a contract. A Bid by a corporation shall further givethe state of incorporation and have the corporate seal affixed. A Bid submitted by an agentshall have a current power of attorney attached certifying the agent's authority to bind theBidder.

§ 4.2 BID SECURITY§ 4.2.1 Each Bid shall be accompanied by a bid security in the form and amount requiredif so stipulated in the Instructions to Bidders. The Bidder pledges to enter into a Contractwith the Owner on the terms stated in the Bid and will, if required, furnish bonds coveringthe faithful performance of the Contract and payment of all obligations arising thereunder.Should the Bidder refuse to enter into such Contract or fail to furnish such bonds ifrequired, the amount of the bid security shall be forfeited to the Owner as liquidateddamages, not as a penalty. The amount of the bid security shall not be forfeited to theOwner in the event the Owner fails to comply with Section 6.2.

§ 4.2.2 If a surety bond is required, it shall be written on AIA Document A310, Bid Bond,unless otherwise the form provided in the Bidding Documents, and the attorney-in-fact whoexecutes the bond on behalf of the surety shall affix to the bond a certified and currentcopy of the power of attorney.

§ 4.2.3 The Owner will have the right to retain the bid security of Bidders to whom anaward is being considered until either (a) the Contract has been executed and bonds, ifrequired, have been furnished, or (b) the specified time has elapsed so that Bids may bewithdrawn or (c) all Bids have been rejected.

§ 4.3 SUBMISSION OF BIDS§ 4.3.1 All copies of the Bid, the bid security, if any, and any other documents required tobe submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelopeshall be addressed to the party receiving the Bids and shall be identified with the Projectname, the Bidder's name and address and, if applicable, the designated portion of theWork for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shallbe enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED"



on the face thereof.

§ 4.3.2 Bids shall be deposited at the designated location prior to the time and date forreceipt of Bids. Bids received after the time and date for receipt of Bids will be returnedunopened.

§ 4.3.3 The Bidder shall assume full responsibility for timely delivery at the locationdesignated for receipt of Bids.

§ 4.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids willnot be considered.

§ 4.3.5 The Bidder shall assume full responsibility for submitting all forms required by theOwner for submission with the Bids. The Bidder shall fully examine the contractdocuments for all required submissions to be delivered with the bids.

§ 4.4 MODIFICATION OR WITHDRAWAL OF BID§ 4.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder during thestipulated time period following the time and date designated for the receipt of Bids, andeach Bidder so agrees in submitting a Bid.

§ 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may bemodified or withdrawn by notice to the party receiving Bids at the place designated forreceipt of Bids. Such notice shall be in writing over the signature of the Bidder. Writtenconfirmation over the signature of the Bidder shall be received, and date- andtime-stamped by the receiving party on or before the date and time set for receipt of Bids.A change shall be so worded as not to reveal the amount of the original Bid.

§ 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for thereceipt of Bids provided that they are then fully in conformance with these Instructions toBidders.

§ 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted.

ARTICLE 5 CONSIDERATION OF BIDS§ 5.1 OPENING OF BIDSAt the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, theproperly identified Bids received on time will be publicly opened and will be read aloud. Anabstract of the Bids may be made available to Bidders.

§ 5.2 REJECTION OF BIDSThe Owner shall have the right to reject any or all Bids for any reason determined by theOwner to be in the best interest of the Owner. A Bid not accompanied by a required bidsecurity or by other data required by the Bidding Documents, or a Bid which is in any wayincomplete, or irregular or otherwise non-responsive is shall subject to rejection.



§ 5.3 ACCEPTANCE OF BID (AWARD)§ 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidderprovided the Bid has been submitted in accordance with the requirements of the BiddingDocuments and does not exceed the funds available. The Owner shall have the right towaive informalities and irregularities in a Bid received and to accept the Bid which, in theOwner's judgment, is in the Owner's own best interests.

§ 5.3.2 The Owner shall have the right to accept Alternates in any order or combination,unless otherwise specifically provided in the Bidding Documents, and to determine the lowBidder on the basis of the sum of the Base Bid and Alternates accepted.

ARTICLE 6 POST-BID INFORMATION§ 6.1 CONTRACTOR'S QUALIFICATION STATEMENTBidders to whom award of a Contract is under consideration shall submit to the Designer,upon request, a properly executed AIA Document A305, Contractor's QualificationStatement, unless such a Statement has been previously required and submitted as aprerequisite to the issuance of Bidding Documents.

§ 6.2 OWNER'S FINANCIAL CAPABILITY [Intentionally Omitted]The Owner shall, at the request of the Bidder to whom award of a Contract is underconsideration and no later than seven days prior to the expiration of the time for withdrawalof Bids, furnish to the Bidder reasonable evidence that financial arrangements have beenmade to fulfill the Owner's obligations under the Contract. Unless such reasonableevidence is furnished, the Bidder will not be required to execute the Agreement betweenthe Owner and Contractor.

§ 6.3 SUBMITTALS§ 6.3.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents,after notification of selection for the award of a Contract, furnish to the Owner through theDesigner in writing:

.1 a designation of the Work to be performed with the Bidder's own forces;

.2 names of the manufacturers, products, and the suppliers of principal itemsor systems of materials and equipment proposed for the Work; and

.3 names of persons or entities (including those who are to furnish materials orequipment fabricated to a special design) proposed for the principal portionsof the Work.

§ 6.3.2 The Bidder will be required to establish to the satisfaction of the Designer andOwner the reliability and responsibility of the persons or entities proposed to furnish andperform the Work described in the Bidding Documents.

§ 6.3.3 Prior to the execution of the Contract, the Designer will notify the Bidder in writingif either the Owner or Designer, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Designer has reasonable objectionto a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bidor (2) submit an acceptable substitute person or entity with an adjustment in the Base Bidor Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner



may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawalor disqualification, bid security will not be forfeited.

§ 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Designerhave made no reasonable objection must be used on the Work for which they wereproposed and shall not be changed except with the written consent of the Owner andDesigner.

ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND§ 7.1 BOND REQUIREMENTS§ 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering thefaithful performance of the Contract and payment of all obligations arising thereunder.Bonds may be secured through the Bidder's usual sources.

§ 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shallbe included in the Bid. If the furnishing of such bonds is required after receipt of bids andbefore execution of the Contract, the cost of such bonds shall be added to the Bid indetermining the Contract Sum.

§ 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usualsources, changes in cost will be adjusted as provided in the Contract Documents.

§ 7.2 TIME OF DELIVERY AND FORM OF BONDS§ 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three daysfollowing the date of execution of the Contract. If the Work is to be commenced priorthereto in response to a letter of intent, the Bidder shall, prior to commencement of theWork, submit evidence satisfactory to the Owner that such bonds will be furnished anddelivered in accordance with this Section 7.2.1.

§ 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312,Performance Bond and Payment Bond. Both bonds shall be written in the amount of theContract Sum.

§ 7.2.3 The bonds shall be dated on or after the date of the Contract.

§ 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds onbehalf of the surety to affix thereto a certified and current copy of the power of attorney.

ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTORUnless otherwise required in the Bidding Documents, the Agreement for the Work will bewritten on AIA Document A107, Standard Form of Agreement Between Owner andContractor Where the Basis of Payment Is a Stipulated Sum.

00 41 13-1

Form of Proposal - Single-prime contract

Auxiliary Gym Roof Replacement at

Dudley High SchoolGuilford County Schools

1200 Lincoln St, Greensboro, NC 27401

Bidder:

Date:

The undersigned, as Bidder, hereby declares that the only person or persons interestedin this proposal as principal or principals is / or named herein and that no other person thanherein mentioned has any interest in this proposal or in the contract to be entered into; thatthis proposal is made without connection with any other person, company, or partiesmaking a bid or proposal; and that it is in all respects fair and in good faith without collusionor fraud.

The Bidder further declares that he has examined the site of the work and the contractdocuments relative thereto, has read all special and supplemental provisions furnishedprior to the opening of bids, has satisfied himself relative to the work to be performed, andthereby proposes and agrees if this proposal is accepted, to furnish all necessarymaterials, equipment, machinery, tools, apparatus, means of transportation and labornecessary to complete the fabrication and delivery of the work, and other related work infull and complete accordance with the plans, specifications and contract documents, to thefull and entire satisfaction of the Owner, with a definite understanding that no money willbe allowed for extra work except as set forth in the General Conditions and other contractdocuments, on the project:

Auxiliary Gym Roof Replacement, Dudley High School Guilford County Schools,

1200 Lincoln St, Greensboro, NC 27401

Bidders are advised that a notice to proceed may be issued upon approval by the GuilfordCounty Board of Education, and in advance of the contract document.

The Bidder proposes and agrees, if this proposal is accepted, to execute a Contract withinten (10) days after notification of award, for the above work and for the below statedCompensation, in the form of AIA A107-2007 Standard Form of Agreement BetweenOwner and Contractor where the basis of payment is a Stipulated Sum., for the sum of:

BASE BID:

$_________________________________________________ Dollars

($___________________)

00 41 13-2

A breakdown of this proposal into material and labor costs is as follows:

Material Cost: $___________________________

Labor Cost $________________

Sales Tax $________________

For the purposes of this form, materials is defined is any services that is charged a salestax.

ALTERNATES:

Should any of the alternates as described in the contract documents be accepted, theamount written below shall be the amount to be "added to" the base bid. If acceptance ofthe alternate will not change the contract amount, enter "No Change". See Section 01 2300.

Alternate No. 1: Provide cost for adding 1.5" of isocyanurate insulation over the existing BUR membrane and under the new overlayment board. One additional treated 2x6 woodnailer to be added around the perimeter of the roof area. Reference specification: Sections06 10 20 and 07 22 50.

(ADD) Dollars ($ )

Alternate No. 2: Provide cost for temporary relocation of the HVAC units to allow forflashing of curbs. Work includes providing a crane to lift the units and resetting them inplace, adding wood blocking for adequate flashing height, and providing labor fordisconnecting/reconnecting of ductwork and electricity as required during HVAC unit lifting.

(ADD) Dollars ($ )

Alternate No. 3: Provide cost for installing PVC membrane roofing system on low roofarea over offices and locker rooms. Scope of work is as defined in Section 011100. Reference specification: Sections 07 22 50, 07 22 90, 07 52 35, and 07 62 20.

(ADD) Dollars ($ )

UNIT PRICES

Unit prices quoted and accepted shall apply throughout the life of the contract, except asotherwise specifically noted. Unit prices shall be applied, as appropriate, to compute thetotal value of changes in the scope of the work all in accordance with the contractdocuments. See Section 01 22 00.

Base bid condition to include the list amount of one unit of each item listed with a credit ofthe unit price to be issued by the contractor for this work if it is determined this work will notbe required. Additional units if necessary to be determined at the following prices:

00 41 13-3

Item Unit Cost

No. 1 Replace Wood Nailers Unit: 8ft of tr. 2x6 Unit Price ($ )

ADDENDA:

The following addenda were received and used in computing this bid:

Date Initial

Addendum No. 1:

Addendum No. 2:

TIME FOR COMPLETION:

The bidder further proposes and agrees hereby to commence work under this contact uponreceipt of the contract, or a written notice to proceed from the Designer, and shallsubstantially complete all work within 60 calendar days of a notice to proceed issued bythe Owner. Project completion date is 30 days after the substantial completion date.

The undersigned further agrees that in the case of failure on his part to execute the saidcontract and the bond within ten (10) consecutive calendar days after written notice beinggiven of the award of the contract, the certified check, cash or bid bond accompanying thisbid shall be paid into the funds of the Owner’s account set aside for the project, asliquidated damages for such failure; otherwise the certified check, cash or bid bondaccompanying this proposal shall be returned to the undersigned. Attach certified check,cash or bid bond to this proposal.

RESPECTIVELY SUBMITTED this day of , 2020

_________________________________________________________________

(Name of firm or corporation making bid)

By: ____________________________________

Title: (Owner/Partner/President/Vice President)

License No.

Federal ID No.

WITNESS: (Proprietorship/Partnership)

00 41 13-4

Address:

By:

ATTEST: (Corporation)

By:

Title: (Corp. Secretary or Asst. Secretary Only) (CORPORATE SEAL)

Guilford County Board of Education Administrative Procedure

Descriptor Term: PARTICIPATION BY MINORITY AND WOMEN OWNED BUSINESSES (MWBE)

Descriptor Code: DK‐P

Draft Date: March 29, 2007

Date Issued by the Superintendent: Latest Revision Date: November 28, 2011

The Guilford County Schools’ MWBE Office, Facilities and Purchasing Departments are committed to:

• Getting maximum benefits for the students from the school system’s state, local and federal funds carrying out the purchasing process in the best interest of the Guilford County Schools, its students and employees and the taxpayers of Guilford County.

• Acting in accordance with NC General Statutes, local Board of Education policies and procedures, and recognized professional purchasing practices.

• Providing a climate of fair and open competition for all qualified vendors.

A. For the purposes of this procedure, the following definitions shall apply:

1. “Bidder/Participant” – Any person, firm, partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract.

2. “Contract” – A mutually binding legal document which defines a business relationship or any

modification at the level of performance which obligates the seller to furnish supplies, equipment, materials or services, knowledge in performing construction and procurements, and obligating the buyer to pay for services.

3. “Contractors” – Any person, firm, partnership, corporation, association, or joint venture

awarded a contract purchase or service agreement at any level with GCS or has contracted with the GCS to perform construction work or repair.

4. “Discrimination” – To distinguish, differentiate, separate, or segregate solely on the basis of

age, race, religion, sex, national origin, handicap or veteran’s status.

5. “Disabled” – A person with a disability as that term is defined in N.C. Gen. Stat. § 168A‐ 3(7a).

6. “Equipment” – Includes materials, supplies, commodities, apparatus.

GCS MWBE Procedures.Forms; Rev01.12.15 1

7. “Goal” – An objective, expressed numerically to evaluate the type and amount of public contract awards and performance of MWBE firms.

8. “Good Faith Effort” – An activity performed by bidders to assure the participation of MWBE

firms in contracts covered under this plan.

9. “Joint Venture” – A legal merger of two or more separately owned businesses/firms for the purpose of submitting a single bid, to carry out a single business enterprise for profit, for which purpose they combine their property, capital, efforts, skills or knowledge.

10. “LEA” – Local Education Administration unit, thusly Guilford County Schools (GCS).

11. “Minority” ‐ a person who is a citizen or lawful permanent resident of the United States and

who is:

a. African‐American, that is, a person having origins in any of the original racial groups in Africa;

b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico,

South or Central America, or the Caribbean Island, regardless of race;

c. Native‐American, that is, a person having origins in any of the original peoples of North America;

d. Asian‐American, that is, persons having origin in any of the countries of the Far East,

Southeast Asia, or the Indian areas.

12. “Minority or Women or Disabled or Disadvantaged Business Enterprises (MWBE )” – A business enterprise owned and controlled at a minimum of 51% by one or more members of a group defined as a minority or women. A business certified as an MWBE will show evidence of ownership and management interests and the daily business operations are real and continuing not created solely to meet the MWBE requirements.

13. “Owned and controlled” means a business, which is a: 1) sole proprietorship legitimately

owned by a person who is a minority or white female; 2) a partnership or joint venture controlled by minorities and/or women, and in which at least 51% of the beneficial ownership interests legitimately are held by minorities and/or females, and in which at least 51% of the voting stock or interested 51% of the beneficial ownership interests are legitimately held by minorities and/or females. In addition, these persons must control the management and operations of the business on a day‐to‐day basis.

14. “Owner” – The Guilford County Board of Education (BOE).

15. “Subcontractor” – A firm under contract with the prime contractor for supplying

materials or labor and materials and/or installation. The subcontractor may or may not provide materials in his subcontract. Work subcontracted in an emergency and which could not have been anticipated is excluded as a part of this program.

16. “Socially and Economically Disadvantaged Individual” – A person who is socially and

economically disadvantaged as that term is defined in 15 U.S.C. § 637. Socially GCS MWBE Procedures.Forms; Rev01.12.15 2

disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area that are not socially disadvantaged.

17. “Verifiable Goal” –

a. For purposes of separate prime contract system, that the awarding authority has

adopted written guidelines specifying the actions that will be taken to ensure a good faith effort in the recruitment and selection of MWBE firms for participation in contracts awarded.

b. For purposes of separate prime contract system, that the awarding authority has

adopted written guidelines specifying the actions that the prime Contractor must take to ensure a good faith effort in the recruitment and selection of MWBE firms for participation in the contract awarded; and

c. The required actions must be documented in writing by the prime contractors to

the GCS. B. GCS’s Duties

1. Identification/Certification of Minority, Women and Socially and Economically

Disadvantaged Business Enterprises

a. The school system shall affirmatively seek out and gain knowledge of minority and women‐owned business enterprises (hereinafter MWBE) in the construction trades.

b. The school system will maintain a list of products and services provided by MWBE firms.

c. Attend the scheduled prebid conference.

d. At least 10 days prior to the scheduled day of bid opening, notify MWBE firms that

have requested notices from the GCS for public construction or repair work and MWBE firms that have indicated to the MWBE coordinator’s office an interest in the type of work being bid or the potential contracting opportunities listed in the proposal. The notification shall include the following:

1. A description of the work for which the bid is being solicited. 2. The date, time, and location where bids are to be submitted. 3. The name of the individual within the owner’s organization who will be

available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist.


e. Utilize other media, as appropriate, likely to inform potential MWBE firms of the bid being sought.

f. Maintain documentation of any contacts, correspondence, or conversation with

MWBE firms made in an attempt to meet the goals.

g. Review jointly with the designer all requirements of G.S.143‐128.2(c) and G.S.143‐ 128.2(f) – (i.e. bidders’ proposals for identification of the MWBE firms that will be utilized with corresponding total dollar value of the bid and affidavit listing good faith efforts, or affidavit of self‐performance of work, if the contractor will perform work under contract by its own workforce) prior to recommendation of award to the Guilford County Board of Education.

h. Evaluate and analyze documentation to determine that a good faith effort has

been achieved for MWBE utilization prior to recommendation of award to Guilford County Board of Education.

i. Review prime contractor’s pay applications for compliance with MWBE utilization

commitments prior to payment.

j. Make documentation showing evidence of implementation of GCS’s responsibilities available for review by State Construction Office and HUB Office and other interested parties upon request.

C. Minori

1.

ty Business Subcontractor Goals

The goals set for participation by MWBE firms as subcontractors have been set at 12.46%. GCS goal for goods and services has been set at 10%.

2.

The bidder must identify on its bid all MWBE firms that will be utilized on the project with corresponding total dollar value of the bid and an affidavit listing and documenting good faith efforts (Affidavit A) or an affidavit of self‐performance of work (Affidavit B), if the bidder will perform work under contract by its own workforce, as required by G.S.143‐ 128.2(c) and G.S.143‐128.2(f).

3.

The bidder must complete all Sections of Affidavit A and attach Affidavit A to its bid, with documentation of Good Faith Effort as required, including a description of the portion of work to be executed by MWBE firms expressed as a percentage of the total contract price, OR

4.

Provide Affidavit B, which includes sufficient information for GCS to determine that the bidder does not customarily subcontract work on this type project.

The above information must be provided as required. Failure to earn at least 50 points from the Good Faith Efforts list on Affidavit A shall render the bid non‐responsive. Achieving the participation goal of 12.46% creates a presumption that the bidder made the required Good Faith Effort. Regardless of the percentage of participation, however, ALL BIDDERS must complete and submit Affidavit A, and must further provide certain documentation as specified by Affidavit A with their bid in order to receive Good Faith Points for certain items. GCS also shall require the apparent lowest, responsible, responsive bidder to GCS MWBE Procedures.Forms; Rev01.12.15 4

provide additional documentation of Good Faith Efforts within 72 hours of notification of being the apparent lowest responsible, responsive bidder. Failure to submit these documents / information as requested shall be grounds for deduction of Good Faith Points. In the event such a deduction results in a failure to achieve the required number of Good Faith Points, the bid shall be rejected unless the bidder has otherwise demonstrated Good Faith Efforts.

D. Communications with MWBE firms

GCS shall provide information to MWBE firms about the GCS’s construction program. This shall be accomplished by:

1. Sending a notice to each MWBE engaged in any aspect of school construction that is

identified and certified for each school construction project that is advertised for bids;

2. Insuring that prospective MWBE bidders and subcontractors have access to bidding documents; and

3. Furnishing MWBE subcontractors with the name of prospective bidders on a project upon

request, and providing prospective bidders with the schools system’s list of known MWBE firms.

E. Designer

Under the single‐prime bidding, separate prime bidding, construction manager at risk, or alternative contracting method, the designer will:

Attend the scheduled pre‐bid conference to assist in the explanation of MWBE firms requirements to the prospective bidders.

Assist the owner to identify and notify prospective MWBE prime and subcontractors of potential contracting opportunities.

Maintain documentation of any contacts, correspondence, or conversation with MWBE firms made in an attempt to meet the goals.

Review jointly with the owner all requirements of G.S.143‐128.2 (c) and G.S.143‐128.2(f) – (i.e. bidders’ proposals for identification of the MWBE firms that will be utilized with corresponding total dollar value of the bid and affidavit listing Good Faith Efforts, or affidavit of self‐performance of work, if the contractor will perform work under contract by its own workforce) – prior to recommendation of award.

During construction phase of the project, review “MWBE Documentation for Contract Payment” – (Appendix E) for compliance with MWBE utilization commitments. Submit Appendix E form with monthly pay applications to the owner.

Assist the Owner in evaluating any Contractor’s request to terminate an MWBE, including, but not limited to, evaluation of the merits of termination request, and computation of percentage of completion of the work of the MWBE at issue.

Make documentation showing evidence of implementation of Designer’s responsibilities available for review by State Construction Office and HUB Office, upon request. GCS MWBE Procedures.Forms; Rev01.12.15 5

F. Anticipated Assurances from Contractors

1. Upon adoption of its verifiable goal GCS is expected to require bidders on projects to provide assurances in writing that they will make a good faith effort to solicit MWBE firms as subcontractors should they be awarded a construction contract. Bidders shall provide the following information to GCS and any other information requested in the attached forms:

a. Provide applicable GCS Affidavit A or B on bid date with backup information for

any requested items as specified by Affidavit A or B. Failure to submit this information shall be deemed non‐responsive and subject to rejection of bid.

b. An Identification of MWBE Participation form;

c. A description of the work, each named MWBE will perform; (AFFIDAVIT A,

Section II)

d. The dollar amount of participation by each MWBE (AFFIDAVIT A, Section II) and

e. Documentation of Good Faith Efforts (Affidavit A, Section III)

2. A contractor’s good faith effort to included but are not limited to involve MWBE firms in the project can be demonstrated by using, among other factors, the following:

Contacted at least three MWBE firms that reasonably could have been expected to submit a quote and that were known to the contractor, or available on approved lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. “Contact” means contact by letter, fax, e‐mail or other means to a viable and active address. Contractor must attach evidence of this contact to bid document to Affidavit A and submit with its bid.

Made the construction plans, specifications and requirements available for review by prospective MWBE firms or providing these documents to them at least 10 days before the bids are due.

Broken down or combined elements of work into economically feasible units to facilitate MWBE participation.

Worked with MWBE trade, community, or contractor organizations identified by the MWBE Administrator’s Office and included in the bid documents that provide assistance in recruitment of MWBE firms.

Attended pre‐bid meetings scheduled by the public owner.

Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors.

Negotiated in good faith with interested MWBE firms and did not reject them as unqualified without discussion with entity a sound reasons based on their capabilities. Any


rejection of an MWBE based on lack of qualification should have the reasons documented in writing and submitted with Affidavit A with the bid.

Provided assistance to an otherwise qualified MWBE in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assist MWBE firms in obtaining the same unit pricing with the bidder’s suppliers in order to help MWBE firms in establishing credit.

Negotiated joint venture and partnership arrangements with MWBE participation on this construction or repair project when possible.

Provide quick pay agreements and policies to enable MWBEs and suppliers to meet cash‐ flow demands.

3. Failure to submit backup information for any item required by Affidavit A may result in the

bid being declared non responsive and subject to rejection.

G. MWBE Responsibilities

All MWBE firms must seek certification through the Department of Administration Office for Historically Underutilized Business (“HUB Office”). MWBEs who are not certified at the time the firm commits to provide services, should immediately apply for certification with the HUB Office. If the MWBE fails to submit an application or if the MWBE is not granted certification, that MWBE’s contract dollars will not be counted as MWBE participation.

1. MWBE firms do not have to be certified to be listed on the bid documents; however,

MWBE firms that have been awarded contracts will not be credited towards the Bidder’s MWBE Participation Plan unless they are certified with the State of North Carolina.

2. MWBE firms should make every effort to establish contacts and relationships with

contractors for potential future business, including attending pre‐bid conferences and subscribing to industry and trade journals.

3. MWBE firms should also document all contact and communications made with contractors

above so as to be able to assist the Grievance Designee in determining whether a complaint lodged by an MWBE against a bidder for failure to use good faith efforts is valid.

4. In addition, MWBE firms who are contacted by GCS or bidders should respond promptly as

to whether or not they wish to submit a bid.

5. MWBE firms are urged to take advantage of appropriate technical assistance and training when it is available.

H. Subcontractor Replacement


1. The Director of Construction and the MWBE Administrator must be notified in writing immediately upon the need to replace any Subcontractor. The notification shall include the following:

a. The basis for the request to terminate;

b. The estimated percentage of completion of the work of the affected

Subcontractor;

c. The amount due to the affected Subcontractor, if any, on account of work in place;

d. A description of any defective work;

e. The estimated cost of any corrective work; and

f. Any back charges claimed against the affected Subcontractor.

2. A Contractor shall not replace a mechanical, electrical or plumbing Subcontractor listed

on its bid without the prior written consent of the Director of Construction (following prior notification to the Board) for good cause shown. A Contractor shall not replace an MWBE listed on its Affidavit A without the prior written consent of the Director of Construction and the MWBE Administrator (following prior notification to the Board) and for good cause shown.

3. Upon receipt of notification from a Contractor that it seeks to replace a Subcontractor,

the Director of Construction shall inform the Superintendent or his designee. The Director of Construction also shall immediately provide the affected Subcontractor written notice of the request, and an opportunity of no less than seven (7) days within which to respond.

The response of the affected Subcontractor shall include the following:

a. Subcontractor’s response(s) to Contractor’s allegation(s) offered in support of

termination;

b. The estimated percentage of completion of the work of the affected Subcontractor;

c. The amount due to the affected Subcontractor if any, on account of work in

place;

d. Subcontractor’s response to any claims of defective work;

e. Subcontractor’s response to any claims for back charges; and

f. A list of all second tier subcontractors, vendors and suppliers, including for each the amount paid to date, amount currently due, and total contract value.


4. After receiving the response of the affected Subcontractor, if any, the Director of Construction may require the Contractor, the affected Subcontractor or both to submit further documentation in support of their position.

5. Prior to, or as a condition of, giving approval to replace a Subcontractor, the Director of

Construction may require the Contractor and the affected Subcontractor to mediate any dispute.

6. If approval for termination is granted, the Contractor shall immediately pay any

undisputed amounts owed to the affected Subcontractor.

7. The Contractor shall make and document Good Faith Efforts in the selection of a substitute Subcontractor to the same extent required of Bidders submitting an initial bid under N.C. Gen. Stat. § 143‐128.2 and Guilford County Board of Education’s MWBE Procedure. If the Subcontractor to be replaced is an MWBE, Contractor shall use its best efforts to select another MWBE to serve as a substitute Subcontractor.

The Director of Construction and the MWBE Administrator must approve any substitute Subcontractor in writing.

Emergency Circumstances Exception as defined in the Financial Services Procedure Manual Section 7.3 page 51: GCS may waive the utilization requirements if it is determined that an emergency exists that requires goods or services to be provided with such immediacy that the contractor is unable to comply with the replacement procedure.

I. Penalties for Contractor Noncompliance

1. The low bidder or bidders on a school construction project must provide assurance in

writing to the BOE prior to the acceptance of their bid that they have made a good faith effort to meet the verifiable goal for MWBE participation adopted by the BOE.

2. When deciding whether or not a bidder has made a good faith effort, the BOE shall

consider whether the bidder has met the verifiable goal for MWBE participation, as well as the criteria set forth above, including the number of certified MWBE firms available and capable of performing the work and the amount of other work being awarded or performed in the market area of the GCS.

3. Failure of a low bidder to make and demonstrate a good faith effort to meet the goal shall

result in the bid being considered as non‐responsive and being rejected.

4. Failure to comply with the requirements of this GCS Good Faith Effort policy may lead to the contractor’s disqualification from bidding on and receiving other GCS contracts.

5. In the event that any contractor or subcontractor fails to provide requested records for

inspection, such failure shall constitute a material breach of the contract and will permit the imposition of remedies noted in this section.

K. Competitive Bids GCS MWBE Procedures.Forms; Rev01.12.15 9

Nothing contained herein is to be construed as to require the GCS or contractors to purchase supplies and equipment or award contracts to MWBE firms whom do not submit the lowest responsible bid.

L. Grievance Procedures

It is the policy of this BOE that disputes, which involve a person’s rights, duties or privileges, should be settled through informal procedures. Any participant feeling himself/herself aggrieved by implementation of the MWBE Program may present such grievance to the Superintendent or his designee. The grievance (internal complaint resolution) procedure is a resource available to all contractors, subcontractors, and vendors doing business with the Guilford County Schools under the MWBE Program. Grievances related to the administration of the MWBE Program will be processed as follows:

1. The grievance shall first be discussed with the responsible operating department. If the

grievance is not resolved, exercise item #2.

2. The grievance (complaint) must be reported in writing, including a brief description and supporting documentation and evidence to the Superintendent’s designee at 712 N. Eugene Street, Greensboro, North Carolina, 27401.

3. The Superintendent’s designee will review the basis and the issue(s) of the complaint and

may request additional supporting evidence. A response to the grievance will be completed within fifteen (15) working days unless circumstances mandate otherwise. Parties involved will be notified of any and all delays in processing the grievance.

4. Any participant not satisfied with the decision of the Superintendent’s designee may

avail himself/herself or any remedies available under applicable Federal, State and Local law.

To that end, MWBE disputes arising under these guidelines should be resolved.


Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

Identification of MWBE Participation

Submission of Affidavits which include statements of “To Be Determined” or failure to submit the required information as outlined in the Specifications shall cause the Bid be deemed non- responsive and subject to rejection.

I, ,

(Name of Bidder) do hereby certify that on this project, we will use the following minority business enterprises as construction subcontractors, vendors, suppliers or providers of professional services.

Firm Name, Address and Phone # Work type *MWBE

Category

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)


Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid The total value of minority business contracting will be ($) .

AFFIDAVIT A

This Affidavit and ALL THREE (3) SECTIONS Herein Must Be Completed By ALL BIDDERS and Submitted with Bid.

Section I - Listing of the Good Faith Effort

Bidder must earn at least 50 points from the Good Faith Efforts list for their Bid to be considered responsive and must submit documentation supporting all items checked within the timeframes set forth in Section III below.

I have made Good Faith Effort to comply under the following areas checked:

1 - Contacted minority businesses that reasonably could have been expected to submit a quote and that were

known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. “Contact” means contact by letter, fax, e-mail or other means to a viable and active address. CONTRACTOR MUST ATTACH EVIDENCE OF CONTACT TO THIS AFFIDAVIT AND SUBMIT WITH BID. Value = 10 points.

2.-Made the construction plans, specifications and requirements available for review by prospective MWBE businesses, or providing these documents to them at least 10 days before the bids are due. Value = 10 points.

3 - Broken down or combined elements of work into economically feasible units to facilitate minority participation. Value = 15 points.

4 - Worked with MWBE trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of MWBE’S. Value = 10 points.

5 - Attended prebid meetings scheduled by the public owner. Value = 10 points.

6 - Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. Value = 20 points.

7 - Negotiated in good faith with interested MWBE’S and did not reject them as unqualified without discussing with MWBE’S sound reasons based on their capabilities. CONTRACTOR MUST ATTACH TO THIS AFFIDAVIT AND SUBMIT WITH BID COPIES OF QUOTES OR RESPONSES FROM ALL FIRMS SUBMITTING QUOTES OR RESOPNSES, AND, IF APPLICABLE, WRITTEN JUSTIFICATION FOR ANY REJECTION OF A MWBE BASED ON LACK OF QUALIFICATION. Value = 15 points.

8 - Provided assistance to an otherwise qualified MWBE in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help MWBE businesses in establishing credit. Value = 25 points.

9 - Negotiated joint venture and partnership arrangements with MWBE businesses in order to increase opportunities for MWBE business participation on the construction or repair project when possible. Value = 20 points.

10 - Provided quick pay agreements and policies to enable MWBE contractors and suppliers to meet cash- flow demands. Value = 20 points.

The undersigned hereby certifies that he or she has read the terms of the MWBE business commitment, that the bidder has made the Good Faith Efforts in the areas checked above, and that he or she is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:



Section II - Portion of the Work to be Performed by Minority Firms

I will expend a minimum of % of the total dollar amount of the contract with MWBE. MWBE will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below.

(Attach additional sheets if necessary)

Name and Phone Number *MWBE

Category Work description Dollar Value

*MWBE categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with MWBE for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer: Signature:



Section III – Documentation of Good Faith Efforts ALL BIDDERS, regardless of percentage of MWBE participation, MUST provide documentation of all Good Faith Efforts checked in Section I within the timeframes set forth in Parts A and B below.

Failure to submit these documents / information shall be grounds for deduction of Good Faith Points. In the event such a deduction results in a failure to achieve the required number of Good Faith Points, the Bid shall be rejected unless the bidder has otherwise demonstrated Good Faith Efforts.

PART A (Documentation Required to be Submitted With Bid)

Documentation MUST be provided WITH THE BID in order for the bidder to receive credit for certain items checked. If the bidder checked Items 1 or 7 in Section I, the bidder MUST provide documentation supporting those Good Faith Efforts WITH THE BID.

Examples of such documentation include, but are not limited to, the following:

ITEM 1

● Copies of solicitations for quotes to at least three (3) MWBE’s from the source list provided by the State for each subcontract to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the work to be subcontracted, location where bid documents can be reviewed, representative of the Prime Bidder to contact, and location, date and time when quotes must be received.

● Copies of quotes and responses received from each firm responding to the solicitation. ● A telephone log of follow-up calls to each firm sent a solicitation.

ITEM 7

● Copies of quotes or responses received from all firms submitting quotes or responses for each

subcontract, and, if applicable a letter detailing the reason(s) for any rejection of minority business(es) due to lack of qualification.

I do certify the attached documentation as true and accurate representation of my good faith efforts.


Signature:

Title:

SEAL State of North Carolina, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires


PART B (Documentation Required to be Submitted Within 72 Hours of Notification)

Certain documentation MUST be provided within 72 hours of notification of being the apparent lowest responsible, responsive bidder in order to receive credit for certain additional Items checked. If the bidder checked Items 2, 3, 4, 5, 6, 8, 9 or 10, the bidder MUST provide documentation supporting those Good Faith Efforts within 72 hours of notification of being the apparent lowest responsible, responsive bidder.

Examples of such documentation include, but are not limited to the following:

ITEM 2

• Invitation to view construction plans, specifications and requirements.

• Cover letter enclosing construction plans, specifications and requirements.

ITEM 3

• Copies of all bid solicitations or request for proposals broken down by scope of work.

• Letter detailing contractor’s efforts to break down or combine elements of work into economically feasible units to facilitate minority participation.

ITEM 4

• Documentation of any contacts or correspondence to MWBE, community, or contractor organizations in an attempt to meet the goal.

• Copy of pre-bid roster.

ITEM 5 ITEM 6

• Letter documenting efforts to provide assistance in obtaining required bonding or insurance for MWBE.

ITEM 8

• Letter documenting proposed assistance offered to minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required.

ITEM 9

• Letter documenting negotiations with MWBE businesses to create joint venture or partnership arrangement for the construction or repair project.

ITEM 10

• Copy of quick pay agreements.

• Copy of quick pay policies. I do certify the attached documentation as true and accurate representation of my good faith efforts.


Signature:

Title:

SEAL State of North Carolina, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires



AFFIDAVIT B Intent to Perform Contract with Own Workforce.

County of

Affidavit of (Name of Bidder)

I hereby certify that it is our intent to perform 100% of the work required for the

contract. (Name of Project)

In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and

The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement.

The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained.


Signature:

SEAL

Title:

State of North Carolina, County of _ Subscribed and sworn to before me this day of 20 Notary Public My commission expires


APPENDIX E

MWBE DOCUMENTATION FOR CONTRACT PAYMENTS

Prime Contractor/Architect:

Address & Phone:

Project Name:

Pay Application #: Period:

The following is a list of payments made to Minority and Women Business Enterprises on this project for the above-mentioned period.

A B C D E F G H MWBE FIRM NAME * TYPE

OF MWBE

ORIGINAL CONTRACT AMOUNT

PREVIOUS PAYMENTS

PAYMENT THIS PERIOD

TOTAL CHANGE ORDERS TO DATE

TOTAL AMOUNT COMMITTED (C + F)

TOTAL RETAINED TO DATE

*Minority categories: Black (B), Hispanic (H), Asian American (AA), American Indian (AI),

White Female (WF), Socially and Economically Disadvantaged (SED)

Approved/Certified By:

Name Title

Date Signature

SUBMIT WITH EACH PAY REQUEST - FINAL PAYMENT - FINAL REPORT



STATE OF NORTH CAROLINA

E-VERIFY AFFIDAVIT GUILFORD COUNTY SCHOOLS ************************** I, ________________________________(the individual attesting below), being duly authorized by and on behalf of

_________________________________ (the entity bidding on solicitation, hereinafter "Employer") after first being duly

sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department

of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the

work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).

2. Employer understands that NC HB318, ratified October 29, 2015, creates a new NC General Statute, 143-133.3,

which now requires school systems to apply the E-Verify prohibition to all contracts for services and

construction, with very few exceptions, and exempts only contracts solely for the purchase of apparatus,

supplies, materials, and equipment. For Guilford County Schools’ service and construction contracts, regardless

of cost, Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States,

shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a).

3. Employer is a person, business entity, or other organization that transacts business in this State and that

employs 25 or more employees in this State. (mark Yes or No)

a. YES _____, or

b. NO _____

4. Employer's subcontractors must also comply with E-Verify, and if Employer is the winning bidder on this project,

Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.

This ____ day of _______________, 2019.

_____ Signature of Affiant Print or Type Name: _______________________________

State of North Carolina County of _______________ Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 2019. My Commission Expires: Notary Public

(Affix O

fficial/No

tarial Seal)

BID BOND FORM Section 00 43 13

BID BOND FORM 1

KNOW ALL MEN BY THESE PRESENTS, That we,

_________________________________________________________________

(Bidder's Name)

, of ______________________

(Street Address) (City, State, Zip)

Hereinafter called the Principal, and

_________________________________________________________________

(Surety's Name)

A corporation organized and existing under the Laws of the State of __________________________, and

authorized to transact business in the State of ____________________________, as Surety, hereinafter

called Surety, are held and firmly bound unto the __________________________________________

(Owner).

Hereinafter called Obligee, in the Penal sum of five percent (5%) of the amount bid, good and lawful

money of the United States of America, for the payment of which the Principal and Surety bind

themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by

these presents.

The Condition of this Obligation is such, that, WHEREAS the Principal has submitted a proposal to the

Obligee on a contract for the construction

of ___________________________________________________

(Contract Name and Number)

NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into

a contract with the Obligee is accordance with the terms of such bid, and give such bond or bonds as may

be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful

performance of such construction for the prompt payment of labor and material furnished in the

prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such

bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof

between the amount specified in said bid and such larger amount for which the Obligee may in good faith

BID BOND FORM Section 00 43 13

BID BOND FORM 2

contract with another party to perform the Work covered by said bid, then this obligation shall be null and

void; otherwise to remain in full force and effect.

In witness whereof, we have hereunto set our signatures and seal this __________ day of

___________________, 2019, all pursuant to due authorization.

(Seal)

Principal

______________________________________________________________

By

Surety

______________________________________________________________

By

Attorney-in-Fact in accordance with the attached Power of Attorney

STATE OF __________________________________)

ss:

COUNTY OF _________________________________)

I, ____________________________, a Notary Public in and for the State and County

aforesaid, do hereby certify that _________________________________, and

____________________________, whose names are signed to the foregoing bond, this day

personally appeared before me in my State and County aforesaid and acknowledged the same.

Given under my hand seal this ____________ day of ______________, 20______.

(Seal)

Notary Public

My Commission expires:

BOND No.______________

PERFORMANCE BOND

Date of Contract:

Date of Execution:

Name of Principal (Contractor):

(“Principal”) Name of Surety:

(“Surety”) Name of Contracting Body:

Guilford County Board of Education (“Owner”)

Amount of Bond:

Project:

KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the Owner, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the Owner, identified as shown above, (the “Contract”), the terms of which are hereby incorporated by reference and made a part hereof, for work on the above referenced Project. NOW, THEREFORE, Principal and Surety agree as follows:

1) Principal and Surety jointly and severally hereby bind themselves to Owner for the full and complete performance of all undertakings, covenants, terms, conditions and agreements of such Contract. If the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term of said Contract and any extensions thereof that may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue.

2) The responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the balance of the Contract Sum, the Surety is obligated without duplication for all of Contractor’s obligations and responsibilities under the Contract, including, but not limited to:

(a) The responsibilities of the Contractor for correction of defective work and completion of the Contract within the time required;

(b) Other costs and expenses resulting from the Contractor’s default as allowed by the Contract; and

(c) Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of the Contractor

3) The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors.

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

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Witness:

Contractor: (Trade or Corporate Name)

By:

(Proprietorship or Partnership)

Attest: (Corporation) Title:

(Owner, Partner, or Corp. Pres. or Vice

Pres. only)

By:

Title:

(Corp. Sec. or Asst. Sec.. only)

(Corporate Seal)

(Surety Company)

Witness: By:

Title:

(Attorney in Fact)

Countersigned:

(Surety Corporate Seal)

(N.C. Licensed Resident Agent)

Name and Address-Surety Agency

Surety Company Name and N.C.

Regional or Branch Office Address

BOND No. ______________

PAYMENT BOND

Date of Contract:

Date of Execution:

Name of Principal (Contractor)

(“Principal”) Name of Surety:

(“Surety”) Name of Contracting Body:

Guilford County Board of Education (“Owner”) Amount of Bond:

Project:

KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the Owner, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the Owner, identified as shown above, (the “Contract”), the terms of which are hereby incorporated by reference and made a part hereof, for work on the above referenced Project. NOW, THEREFORE, if the Principal shall promptly make payment to all persons supplying labor/material in the prosecution of the work provided for in said Contract, and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Witness:

Contractor: (Trade or Corporate Name)

By:

(Proprietorship or Partnership)

Attest: (Corporation) Title:

(Owner, Partner, or Corp. Pres. or Vice

Pres. only)

By:

Title:

(Corp. Sec. or Asst. Sec.. only)

(Corporate Seal)

(Surety Company)

Witness: By:

Title:

(Attorney in Fact)

Countersigned:

(Surety Corporate Seal)

(N.C. Licensed Resident Agent)

Name and Address-Surety Agency

Surety Company Name and N.C.

Regional or Branch Office Address

Manufacturer's Notice of Intent to Issue Roof Warranty

Page 1

MANUFACTURER'S NOTICE OF INTENT TO ISSUE ROOF WARRANTY

Whereas herein called the "Roofing SystemManufacturer" hereby gives notice to:

Owner: Guilford County Schools

Project: Dudley High School Auxiliary Gym Roof Replacement

Address: 1200 Lincoln St, Greensboro, NC 27401

of its Notice of Intent to issue its Roof Warranty to the Owner for the Dudley HS AthleticBuilding Roof Replacement Project, incorporating the Manufacturer's roofing system andaccessories when installed in accordance with the Contract Documents.

1. The manufacturer shall modify the roof warranty, if necessary, to include total laborcoverage.

2. Manufacturers' Notice of Intent to Issue Roof Warranty in conformance with plans, details, and specifications, including Section 01 78 36, shall be executed and shallinclude the following:

a) A detailed description of the components of the manufacturer's systemproposed and a list of any other component, proposed for use in the systemthat is manufactured by other roofing manufacturers.

b) A statement that the Manufacturer's Representative will visit this site prior tothe start of work date, review the job conditions and project manual and,having reviewed the above items in detail, the Representative will provide awritten response to the Project Engineer prior to the start of the project. Ifconflicts between the Manufacturer's requirements occur with the abovelisted documents, conflicts may be addressed and resolved in a meeting withthe Project Engineer and Owner during the submittal/approval of the shopdrawings.

c) Manufacturer shall also submit to the Project Engineer a clarification letterdefining "Acts of God” and ”negligence" references as they may appear inthe warranty.

3. A sample of the Manufacturer's Roof Warranty shall be attached to and submittedwith the submission of this form. The manufacturer shall delete all exceptionsrelative to wind speeds below the requirements of the local building code or ASCE7.

1

Manufacturer's Notice of Intent to Issue Roof Warranty

Page 2

a) Roofing system warranty shall be “No Dollar Limit” for 20 years and beinclusive of insulation, roofing, flashing materials, and all accessoriessupplied to the project by the Roofing Membrane Manufacturer.

b) Non-deductible roofing warranty shall be inclusive of all material and labor.

4. The Manufacturer providing warranty acknowledges they have reviewed andaccepted terms of warranty stated in Section 01 78 36 of the contract documents.

By signing below, the Authorized Representative of said Manufacturer certifies andrepresents the Roofing System Manufacturer with the authority to contract and make theabove representations to the Owner.

By:

____________________________________________ ____________ Signature of Person Authorized to Sign for Manufacturer Date

(CORPORATE SEAL)

WITNESS: __________________________________ ____________Date

WITNESS: CONTRACTOR:

_____________________________ ________________________________

2

Section 00825

GUILFORD COUNTY SCHOOLS

Section 00 62 76.13 COUNTY SALES AND USE TAX REPORT

SUMMARY TOTALS AND CERTIFICATION

APPENDIX A

CONTRACTOR: Page ______ of ______

PROJECT: FOR PERIOD:

TOTAL FOR

COUNTY

OF:

TOTAL FOR

COUNTY OF:

TOTAL FOR

COUNTY OF:

TOTAL FOR

COUNTY OF:

TOTAL FOR

COUNTY OF:

TOTAL FOR

COUNTY OF:

TOTAL

ALL

COUNTIES

CONTRACTOR

SUBCONTRACTOR(S)

*

COUNTY TOTAL

Attach subcontractor(s) report(s)

** Must balance with Detail Sheet(s)

I certify that the above figures do not include any tax paid on supplies, tools and equipment which were used to perform this contract and only includes those

building materials, supplies, fixtures and equipment which actually became a part of or annexed to the building or structure. I certify that, to the best of my

knowledge, the information provided here is true, correct, and complete.

Sworn to and subscribed before me,

This the _______ day of _________________, 20____

Signed

Notary Public

My Commission Expires: Print or Type Name of Above

Seal NOTE:

This certified statement may be subject to audit

Section 00825

STATE OF NORTH CAROLINA

Section 00 62 76.13 SALES AND USE TAX REPORT DETAIL

APPENDIX A

CONTRACTOR: Page ______ of ______

SUBCONTRACTOR FOR PERIOD:

PROJECT:

PURCHASE

DATE

VENDOR

NAME

INVOICE

NUMBER

TYPE OF

PROPERTY

INVOICE

TOTAL

COUNTY

TAX PAID

COUNTY

OF SALE *

$ $

TOTAL: $

* If this is an out-of-state vendor, the County of Sale should be the county to which the merchandise was shipped.

PM Initials

DOC Initials

PROPOSAL #: CONTRACT:

CONTRACTOR: CONTRACTOR #:

DESCRIPTION OF CHANGE:

Materials (Attach list with qty, item, unit mh, total mh, OT mh, Total $)

1 Total direct cost of materials -$

2 Sales Tax 6.75% -$

3 Shipping and transportation -$

4 Subtotal -$

5 Overhead and Profit on Item 4 -$ (10%max. Inc. small tools & consumables)

Materials Subtotal -$

Labor (include time sheets if requested)

5 Total man-hours: 0 @ 0 -$

6 Payroll taxes and insurance@ 0% -$ Maximium 40%

7 Subtotal -$

8 Overhead and Profit on Item 7 -$

Labor Subtotal -$

Equipment Rental (includes quotes and pick-up / delivery tickets)

9 Equipment Rental -$

10 Overhead and Profit on Item 9 (10%maximum) -$

Equipment Rental Subtotal -$

Subcontractors (includes quotes with material and equipment backup)

11 Subcontractors -$

12 Overhead and Profit on Item 11 (5%maximum) -$

Subcontractor Subtotal -$

Subtotal of Proposal -$

12 Bonds (___%of subtotal proposal) 0.00% -$

TOTAL OF CHANGE PROPOSAL -$

Time Extension Request days Schedule Activity # Affected

Contractor's Signature: Date:

Architect's Signature: Date:

Owner's Signature: Date:

Change Order Request Form Section 00 63 57

(10%max. on straight labor cost, not premium portion). (O&P

includes supervisor's time).

Dudley HS Athletic Building

1

Certificate of Compliance Section 00 65 13

1 of 1

Dudley HS Athletic Building Roof Replacement

Date: ____________

Project Address: 1200 Lincoln St, Greensboro, NC 27401

I here by certify that to the best of my knowledge and actions the As-Built/Record Drawings for the

above-indicated project are complete and accurate.

Company:

(Firm or Corporation making certification)

Represented By:

(Person authorized to sign)

Title:

Address:

License Number:

Federal ID Number:

Attest:

By:

Title:

Roofing System Guarantee Section 00 65 33

1 of 1

Dudley High School -

Athletic Building Roof Replacement

To: David Kemp, Guilford County Schools Maintenance Department Date__________________

The undersigned Roofing Contractor , _________________ having heretofore entered into a Contract with Guilford

County Schools dated _______________ for the Athletic Building roof replacement at Dudley High School for the Guilford County School System, located in Greensboro, North Carolina, according to Drawings and Specifications prepared by Rick Nuhn, P.E., and in accordance with said Contract do hereby guarantee that all labor and material furnished and work performed by us as a part of the ROOFING, FLASHING, AND SHEET METAL WORK is free from defects and in conformance with said specifications and drawings for this portion of the Work. We, the undersigned do certify that all Roofing Material used for said Work, hereinbefore described, does meet the specification in its entirety. We further agree to repair, at no expense to the Owner, any portion of said Work, including any additions incorporated into said Work as the result of Change Orders to the original Contract which may prove to be defective for a period of two years from the beginning of the guarantee period. We further agree that if a leak (or leaks) should develop within the guarantee period that we shall endeavor to repair such leak (or leaks) within a period of 24 hours after being informed by the Owner or his representative. If at the end of this time we have been unable to begin the repairs, the Owner will have the option of taking any step he feels necessary to make the repairs and we will reimburse the Owner in full for any expenses incurred in having the repairs made. Any such action shall not be a breach of the provisions of this Guarantee and shall in no way absolve the Contractor of the ultimate responsibilities for the affected areas. We further agree that, at the end of the first 12-month period and at the end of the 2-year guarantee period, we will, with a representative of the Owner, make a warranty inspection of the roofing and flashing and will, at no cost to the Owner, repair any leaks and other defects to the satisfaction of the Owner or his representative. This two (2) year warranty shall be extended one (1) day for each day there has been an established leak and the leak goes without being successfully corrected. We further agree to repair, at no cost to the Owner, any Work which may affect in making the repairs herein contemplated. Exclusions: This guarantee does not cover damage on work which was physically inflicted by man or man-made causes, Acts of God and/or acts of nature and the like, structural movement, or wear through misuse or abuse. This Contractor is not liable for consequential damages to the building or contents resulting from causes other than faults or defects in workmanship. Any alterations or changes that are made to the roof, without the Roofing Subcontractor being notified prior to such changes or alterations and without the Subcontractor being given the opportunity to be employed to make such changes or alterations, shall render the Guarantee for that particular area of the roof null and void. Except that, if the Owner and Roofing Subcontractor cannot mutually agree on the required changes and alterations, including procedures and cost, the Owner may contract with another roofing subcontractor approved by the system manufacturer without affecting the conditions of the guarantee. Guarantee Period Begins __________________ ________________________________ License # ______________________

(Roofing Contractor) By _____________________________ Title ____________________________ Address ________________________ _______________________________ _______________________________ Fed ID # _______________________ (Corporate Seal)

Subscribed and sworn before me this

__________day of __________, 20___

_______________________________

(Notary Public)

Certificate of Non Use of Asbestos-containing

Products Section 00 65 73

Asbestos Certificate 1 of 1

Dudley High School Athletic Building Roof Replacement

Date:

Project: Dudley HS Athletic Building Roof Replacement

Address: 1200 Lincoln Street, Greensboro, NC 27401 I hereby certify that to the best of my knowledge the products and materials incorporated into the

above referenced project are free of asbestos and asbestos-containing materials.

Company: (Name of Firm of Corporation making certification)

Represented By: (Person authorized to sign)

Title: (Owner/Partner/Pres./V. Pres.)

Address:

License Number:

Federal ID Number:

Attest:

By:

Title:

1

Richard Nuhn, P.E.

1913 Thayer Circle

Greensboro, NC 27407

Athletic Building Roof Replacement

Dudley High School

1200 Lincoln Street,


SAMPLE

AIA 107-2007

STANDARD AGREEMENT BETWEEN OWNER AND CONTRACTOR

For a Project of Limited Scope.

AGREEMENT made as of the rd day of in the year 2020.

BETWEEN the Owner:

Guilford County Board of Education»

Facilities and Construction

617 West Market St.


and the Contractor:

TBD

for the following Project:

The Engineer:

The Owner and Contractor agree as follows.

2

TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE & BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES

ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the

Contract Documents to be the responsibility of others.

ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 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.

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

3

§ 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than February 15, 2015,

subject to adjustments of this Contract Time as provided in the Contract Documents.

§ 2.3.1 Should the Contractor fail to achieve substantial completion within the Contract Time, as adjusted,

Contractor shall pay to the Owner _zero_ Dollars ($_0.00_) for each day beyond the Contract Time, as may be

adjusted for which Substantial Completion has not been achieved, and _zero_ Dollars ($_0.00_) for each day

beyond the Contract Time, as may be adjusted for which Final Completion has not been achieved, not as a penalty,

but as liquidated damages.

§ 2.3.2 Contractor and Owner agree to the daily sum of _zero_ Dollars ($_0.00_ ) as liquidated damages because of

the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would sustain in

the event the Contractor fails to achieve Substantial Completion within the Contract Time, as may be adjusted, and

that the daily sum of __zero__ Dollars ($_0.00_) as liquidated damages because of the impracticability and extreme

difficulty of fixing and ascertaining the actual damages the Owner would sustain in the event the Contractor fails to

achieve Final Completion within the Contract Time, as may be adjusted.

ARTICLE 3 CONTRACT SUM § 3.1 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:

[ X ] Stipulated Sum, in accordance with Section 3.2 below

[ ] Cost of the Work plus the Contractor’s Fee, in accordance with Section 3.3 below

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

Section 3.4 below

§ 3.2 The Stipulated Sum shall be dollars ($ 00.00 ), subject to additions and deductions as provided in the

Contract Documents.

§ 3.2.1 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract

Documents and are hereby accepted by the Owner:

Alternate No. : TBD

§ 3.2.2 Unit prices, if any:

Item Units and Limitations Price Per Unit

§ 3.2.3 Allowances included in the stipulated sum, if any:

Item Allowance None for this project

Replace wood nailers Unit: 8 ft of treated 2x6

Replace Plywood sheathing

Unit: 32 sf

Unit:

4

ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for

Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the

Contractor as provided below and elsewhere in the Contract Documents.

§ 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of

the month.

§ 4.1.3 Provided that an Application for Payment is received by the Architect not later than the 15th day of a month,

the Owner shall make payment of the certified amount to the Contractor not later than the 15th day of the following

month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made

by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment.

§ 4.1.4 Retainage, if any, shall be withheld as follows:

Owner shall withhold five percent (5%) of the amount of cash certified pay application as retainage.

§ 4.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the

Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract

Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported

by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the

Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 4.1.6 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.

§ 4.2 FINAL PAYMENT § 4.2.1 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 18.2, and to satisfy other requirements, if any, which extend beyond

final payment;

.2 a final Certificate for Payment has been issued by the Architect.

§ 4.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the

Architect’s final Certificate for Payment, or as follows:

And receipt of all required warranties from the contractor or material suppliers upon substantial completion

ARTICLE 5 DISPUTE RESOLUTION § 5.1 BINDING DISPUTE RESOLUTION For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute

resolution shall be as follows:

[ ] Arbitration pursuant to Section 21.4 of this Agreement

[ X ] Litigation in a court of competent jurisdiction

[ ] Other (Specify)

5

ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this

Agreement, are enumerated in the sections below.

§ 6.1.1 The Agreement is this executed AIA Document A107–2007, Standard Form of Agreement Between Owner

and Contractor for a Project of Limited Scope.

§ 6.1.2 The Supplementary and other Conditions of the Contract:

Document Title Date Pages

none

§ 6.1.3 The Specifications:

§ 6.1.4 The Drawings:

§ 6.1.5 The Addenda, if any:

Number Date Pages Addendum No. 1

Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding

requirements are enumerated in this Article 6.

ARTICLE 7 GENERAL PROVISIONS § 7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable,

Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the

execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of

this Agreement. 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. 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 to the extent consistent

with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated

results.

§ 7.2 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 between any persons or entities other than the Owner and

the Contractor.

See Exhibit A for table of contents from project specifications

See Exhibit B, for list of details and drawings.

6

§ 7.3 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.

ARTICLE 8 OWNER § 8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 8.1.1 The Owner shall furnish surveys describing utilities locations and other information as to the physical

characteristics of, and legal limitations of the Project site. Contractor shall confirm the accuracy of all such

information furnished by Owner before beginning construction and shall notify Architect of any discrepancies

discovered. Failure to do so shall constitute a waiver of any claim for any discrepancies in the materials furnished

by Owner. At Owner’s request, the Contractor shall make available to the Owner the results of any site

investigation, test borings, analyses, studies or other tests conducted by or in possession of the Contractor or any of

its agents. Such materials shall be for Owner’s information only and are not part of the Contract. The Contractor

represents that, prior to commencement of the Work, it will become familiar with the Project site and will not begin

Work until it has received all information it needs concerning the conditions of the Project site. The Contractor

represents that it has inspected the location of the Work.

§8.1.2 Owner warrants Architect’s design, plans or specifications only to the extent that the design plans and

specifications were prepared utilizing the ordinary standard of care required of design professionals in the Guilford

County area for Projects of this type.

§ 8.1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,

including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals,

easements, assessments and charges required for the construction, use or occupancy of permanent structures or for

permanent changes in existing facilities.

§ 8.2 OWNER’S RIGHT TO STOP THE WORK § 8.2.1 If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract

Documents or fails to carry out Work in accordance with the Contract Documents, the Owner, without additional

charge or penalty, by written order signed personally or by an agent specifically so empowered by the Owner in

writing, may order the Contractor to stop that portion of the Work, 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. This right shall be in addition to

and not in restriction of Owner’s rights under Article 20. Such order of stoppage by the Owner shall not constitute

grounds for delay, claim or Contract termination by the Contractor.

§ 8.3 OWNER’S RIGHT TO CARRY OUT THE WORK § 8.3.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or

fails to provide adequate manpower, material or resources and fails within a seven (7) day period after the date of

written notice from the Owner to proceed to correct such default or neglect or to provide adequate manpower,

material or resources, with diligence and promptness to the satisfaction of the Owner and the Architect, the Owner

may, without prejudice to other remedies the Owner may have, correct such deficiencies, or provide adequate

manpower, material and resources (including supplement Contractor’s workforce). Owner may perform such Work

in a manner it deems expedient and shall not be required to utilize the least expensive alternative. In such case an

appropriate Change Order (which shall not require Contractor’s agreement or signature) shall be issued deducting

from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, or providing

adequate manpower, material and resources, including Owner’s expenses and compensation for the Architect’s

additional services made necessary by such default, neglect or failure. Notwithstanding any other provision of the

Contract, the Owner may withhold payments then or thereafter due until the cost of correction is determined. If

payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the

difference to the Owner.

§ 8,4 GENERAL

7

§ 8.4.1 The rights stated in this Article 2 and elsewhere in the Contract Documents are cumulative and not in

limitation of any rights of the Owner (i) granted in the Contract Documents, (ii) at law or (iii) in equity.

§ 8.4.2 In no event shall the Owner have control over, charge of, or any responsibility for construction means,

methods, techniques, sequences, or procedures or for safety precautions and programs in connection with the Work,

notwithstanding any of the rights and authority granted the Owner in the Contract Documents.

ARTICLE 9 CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 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 and (2) prior to execution of the Agreement, the

Contractor and each subcontractor evaluated and satisfied themselves as to the conditions and limitations under

which the Work is to be performed, including, without limitation, (i) the location, condition, layout, and nature of

the Project site and surrounding areas, (ii) generally prevailing climatic conditions, (iii) anticipated labor supply and

costs, (iv) availability and cost of materials, tools, and equipment, and (v) other similar issues. The Owner assumes

no responsibility or liability for the physical condition or safety of the Project site or any improvements located on

the Project site. The Contractor shall be solely responsible for providing a safe place for the performance of his

Work. The Owner shall not be required to make any adjustment in either the Contract Sum or the Contract Time in

connection with any failure by any Contractor or any Subcontractor to have complied with the requirements of this

Section.

§ 9.1.2 Except as specifically provided in the Contract Documents, Contractor is not responsible for design of the

Project. Without assuming or performing the Architect’s design responsibility, the Contractor shall carefully study

and compare the Contract Documents with each other and with information furnished by the Owner pursuant to

Section 8.1.1 and shall, before proceeding with the Work, at once report in writing to the Owner and the Architect

errors, inconsistencies or omissions discovered. Contractor shall also take steps to minimize the cost and/or delay

caused thereby.

§ 9.1.3 The Owner makes no representation or warranty as to the exactness of grades, elevations, dimensions or

locations given on any Drawings or the work installed by other contractors. The Contractor shall, therefore,

promptly satisfy itself as to the accuracy of all grades, elevations, dimensions and locations before commencing

Work.

§ 9.1.4 The Contractor shall assume full responsibility for accuracy of measurements obtained at the site and shall

coordinate Work with actual field measurements. The Contractor shall submit field Architecting drawings, prepared

and sealed by a licensed surveyor, of proposed installation based on site layout survey and field conditions at the

time of construction and shall note any discrepancies between existing conditions and the Contract Documents or

surveys.

§ 9.1.5 Should the Specifications fail to particularly describe the material or kind of goods to be used in any place, it

shall be the duty of the Contractor to make inquiry of the Architect for what is best suited. Material reasonably

considered to be consistent with a project of this type shall be considered a part of the contract. To the extent that

Contractor believes that the Architect’s decision entitles Contractor to a change order, Contractor shall submit a

change order request as provided elsewhere herein.

§ 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The

Contractor shall be solely responsible for, and have control over, construction means, methods, techniques,

sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract

Documents give other specific instructions concerning these matters. If the Contract Documents give specific

instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall

evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite

safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means,

methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the

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Owner and Architect and shall not proceed with that portion of the Work without further written instructions from

the Architect.

§ 9.2.2 The Contractor shall in all respects be responsible to the Owner for acts and omissions of the Contractor’s

employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the

Work for, or on behalf of, the Contractor or any of its Subcontractors.

§ 9.2.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that

such portions are in proper condition to receive subsequent Work.

§ 9.2.4 If any of the Work is required to be inspected or approved by any public authority (other than the Owner), the

Contractor shall schedule and coordinate such inspection or approval to be performed. Owner shall not be

responsible for any cost or delay resulting from delays in completing inspections or obtaining approvals from any

public authority (other than the Owner). No inspection performed or failed to be performed by the Owner hereunder

shall be a waiver of any of the Contractor’s obligations hereunder to be construed as an approval or acceptance of

the Work or any part thereof.

§ 9.2.5 The Contractor is required to attend job site progress conferences as called by the General Contractor,

Architect and/or Program Manager (if applicable). The Contractor shall be represented at these job progress

conferences by both home office and project personnel. The representatives attending the meetings shall have

authority to act on behalf of and bind the party they represent. These meetings shall be open to subcontractors,

materials suppliers, and any others who can contribute toward maintaining required job progress. It shall be the

principal purpose of these meetings, or conferences to effect cooperation, and assistance in every practical way

toward the end of maintaining progress of the Project on schedule and to complete the Project within the Contract

Time. The Contractor shall be prepared to assess progress of the Work to recommend remedial measures for

correction of progress as may be appropriate. The General Contractor and/or Architect or their authorized

representative may set the time and place for the conferences, and the General Contractor as Project Coordinator

shall preside as chairman. Contractor shall notify Architect and the Owner in writing within ten (10) days of the

publishing of the meeting minutes of any exception taken thereto, and shall include a detailed statement of the basis

for such exception.

§ 9.3 LABOR AND MATERIALS § 9.3.1 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.

§ 9.3.2 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 skilled

in tasks assigned to them.

§ 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect

and in accordance with a Modification.

§ 9.3.4 The Contractor has the responsibility to ensure that all product suppliers and Subcontractors adhere to the

Contract Documents and that they order products on time, taking into account the current market and delivery

conditions, and that they provide products on time. The Contractor shall keep the Owner, Architect, and the

Program Manager informed as to the availability of all specified materials and equipment and shall advise them

promptly, in writing, of all material and equipment that may no longer be obtainable, or the availability of which

may be delayed, for the purposes of the Contract, whether due to conditions of the market or other limiting or

governing factors.

§ 9.3.5 The Contractor shall disclose the existence and extent of any financial interests, whether direct or indirect, he

has in Subcontractors and material suppliers which he may propose for this Project.

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§ 9.4 WARRANTY § 9.4.1 The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of

good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free

from defects in workmanship followed by contractors in the industry and will conform to the requirements of the

Contract Documents. Work not conforming to these requirements, including substitutions not properly approved

and authorized, shall be considered defective.

§ 9.4.2 The Contractor agrees to provide to the Owner following substantial completion but no later than thirty (30)

days after the date of substantial completion, their written warranty in a form satisfactory to the Owner and any and

all manufacturer’s warranties relating to the Work which shall commence as of the date of Substantial Completion

of the entire work and the Contractor further agrees to perform the Work in such manner so as to preserve any and

all such manufacturer’s warranties.

§ 9.4.3 If the Contractor uses any portion of the Work or Owner’s other property prior to the date of Substantial

Completion of the entire Work, such Work shall be restored to new or “like new” condition. Contractor’s warranty

and agreement to correct defective Work shall specifically include Contractor’s obligations under this paragraph.

§ 9.4.4 The warranties and guarantees called for in the specifications shall be for twelve (12) months unless a

longer period is called for in the Contract Drawings or Specifications. Such written warranties or guarantees shall

be signed by the manufacturer or subcontractor, as the case may be, and countersigned by the Contractor. The

Contractor agrees to provide four (4) original copies of all warranties and four (4) Pdf copies of all warranties. All

guarantees shall be addressed to the Owner.

.1 All warranties or guarantees shall commence on the date of Substantial Completion of the entire

work.

.2 The contractor further warrants that for a period of twenty-four (24) months following the date of

substantial completion that the building shall be watertight and leak free at every point and in

every area. The contractor shall, immediately upon notification by the owner of water penetration,

determine the source of water penetration and, at the contractor’s own expense, do any work

necessary to make the building watertight. The contractor shall also, at the contractor’s own

expense, repair or replace any other damaged material to return the building to its original

accepted condition. A written guarantee including the above paragraph and signed by the

contractor shall be submitted to the owner upon substantial completion of the project and before

submission of the Final Certificate of Payment by the contractor.

.3 In the event the manufacturer does not have a suitable written warranty form to fully cover the

guarantee requirements as set forth in the Specifications, the Contractor shall arrange for the

manufacturer to provide a written warranty in such form as shall fully document the guarantee set

forth in the Specifications.

§ 9.4.5 In the event Substantial Completion is achieved in stages, all applicable warranties will begin on the date the

last project portion was Substantially Complete.

§ 9.4.6 If the Contractor, after notice, fails within 48 hours to develop and transmit a proposed Plan of Remedial

Action to the Architect and Owner for correction of warranty items, and/or fails to proceed within three (3) days to

commence corrective measures of warranty items in compliance with the terms of the warranty/guarantee; the

Owner may have the defects corrected and the Contractor and his surety shall be liable for all expense incurred.

§ 9.4.7 The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work

not executed by the Contractor, its subcontractors, or those contractors assigned to or for which the Contractor is

considered the Project Expediter or is otherwise responsible for coordination fo the Work, improper or insufficient

maintenance and or operation whereby the Contractor can provide evidence sufficient to the reasonable satisfaction

of the Owner of proper training of Owner’s personnel, or normal wear and tear.

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§ 9.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received

or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.

§ 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building

permit as well as 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.

§ 9.6.2 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. If the

Contractor fails to give such notices, he shall be liable for and shall indemnify and hold harmless the Owner and

Architect against any and all resulting fines, penalties, judgments or damages, including reasonable attorneys’ fees,

imposed on or incurred by the parties indemnified, as a result of such failure by the Contractor.

§ 9.6.3 Without assuming or performing the Architect’s design responsibility, it shall be the obligation of the

Contractor to review the Contract Documents for any discrepancy between building codes and regulations and to

notify Owners of such discrepancies which the Contractor discovers. If the Contractor observes that portions of the

Contract Documents are at variance with applicable laws, statutes, ordinances, building codes, rules or regulations,

the Contractor promptly shall notify the Owner and Architect in writing, and necessary changes shall be

accomplished by appropriate modification.

§ 9.6.4 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes,

rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate

responsibility for such Work and shall bear the costs attributable to correction.

§ 9.6.5 Contractor shall notify utility companies of construction to be done near utility lines, including but not

limited to high voltage electric lines, and insure that all appropriate safety precautions are taken.

§ 9.7 ALLOWANCES § 9.7.1 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.

§ 9.7.2 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 9.7.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.

§ 9.8 CONTRACTOR’S CONSTRUCTION SCHEDULES § 9.8.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and

Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits

current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the

Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall

provide for expeditious and practicable execution of the Work.

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§ 9.8.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter

as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval.

The Architect’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be

coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review

submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase

in Contract Sum or extension of Contract Time resulting from such failure based on the time required for review of

submittals.

§ 9.8.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the

Owner and Architect.

§ 9.8.4 CPM PROJECT SCHEDULE – Not Used

§ 9.8.5 INCLUSION OF WEATHER DAYS IN SCHEDULE The Contractor shall include in the Contractors Construction Schedule weather days based upon local Weather data

5 year average. Weather days shall be understood to be work days, exclusive of holidays, Sundays and other non-

working days. The Contractor shall use these monthly averages when establishing the construction schedule for this

Project. Claims for weather delays will not be considered until the number of days for the relevant period actually

delayed exceeds the five year average for the period for which a time extension is being requested.

Weather days are to be included to aid the Contractors in their scheduling. Unused weather days are not available

for decreasing the Project time.

§ 9.9 SUBMITTALS § 9.9.1 The Contractor shall review for compliance with the Contract Documents, approve and submit to the

Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with

reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of

separate contractors. Submittals that are not marked as reviewed for compliance with the Contract Documents and

approved by the Contractor may be returned by the Architect without action.

§ 9.9.2 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor

represents that the Contractor determined and verified materials, field measurements and field construction criteria

related thereto, or will do so and has checked and coordinated the information contained within such submittals with

the requirements of the Work and of the Contract Documents.

§ 9.9.3 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.

§ 9.9.4 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of

responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop

Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect

in writing of such deviation at the time of submittal and (1) the Architect and Owner have 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 and approved in writing by Owner 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.

§ 9.9.5 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents.

§ 9.10 USE OF SITE § 9.10.1The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes,

ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall

not unreasonably encumber the site with materials or equipment.

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§ 9.10.2 The Project, as school property, may attract children and unauthorized personnel. Contractor shall take all

necessary precautions to secure the Project and his Work to prevent injury and to discourage the entry onto the

Project of children and unauthorized personnel.

§ 9.10.3 Contractor shall be responsible to avoid fraternization and unnecessary contact with students and school

personnel by the persons and entities on the Project for whom Contractor is responsible. Contractor will maintain

suitable decorum on the site and anyone failing to comply with the requirements of this subparagraph as determined

by Owner shall be subject to immediate dismissal.

§ 9.10.4 Contractor shall not use Owner’s facilities and shall plan and schedule its Work so as not to interrupt or

interfere with school operations or activities.

§ 9.11 CUTTING AND PATCHING 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.

§ 9.12 CLEANING UP § 9.12.1 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. The Contractor shall maintain streets, parking areas and sidewalks around the Project site free from any

materials or debris resulting from operations under this Contract. The Contractor shall remove all spillage and

tracking arising from the performance of the Work from such areas, and shall establish a regular maintenance

program of sweeping and hosing to minimize accumulation of dirt and dust upon such areas.

§ 9.12.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner

shall be entitled to reimbursement from the Contractor.

§ 9.13 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement

of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but

shall not be responsible for such defense or loss when a particular design, process or product of a particular

manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are

contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the

Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a

patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the

Architect.

§ 9.14 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever

located.

§ 9.15 INDEMNIFICATION § 9.15.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner and

Program Manager (the “Indemnities”), and all of their agents and employees of either of them from and against

claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from

Contractor’s (including subcontractors, anyone directly or indirectly hired by them or anyone for whose acts

contractor may be liable) non-performance, negligent acts or omissions. Contractor agrees to assume and defend

any claims asserted against the persons and entities listed above at Contractor’s expense. Such obligation shall not

be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to

a party or person described in this Section 9.15. Without limiting the foregoing, the Contractor shall indemnify and

hold harmless the Owner and Program Manager from all cost and expense, including attorneys’ fees, against any

assertion of claims by Contractor’s subcontractors, sub-subcontractors, or material suppliers.

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§ 9.15.2 In claims against any person or entity indemnified under this Section 9.15 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 15.1 shall not be limited by a limitation on amount or type of damages,

compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts,

disability benefit acts or other employee benefit acts.

§ 9.15.3 The Contractor’s indemnity obligations under this Section 9.15 shall also specifically include, without

limitation, all fines, penalties, damages, liability, costs, expenses (including, without limitation, reasonable

attorneys’ fees), and punitive damages (if any) arising out of, or in connection with, any (i) violation of or failure to

comply with any law, statute, ordinance, rule, regulation, code, or requirement of a public authority that bears upon

the performance of the Work by the Contractor, a Subcontractor, or any person or entity for whom either is

responsible, (ii) means, methods, procedures, techniques, or sequences of execution or performance of the Work,

(iii) failure to secure and pay for permits, fees, approvals, licenses, and inspections as required under the Contract

Documents, or any violation of any permit or other approval of a public authority applicable to the Work, by the

Contractor, a Subcontractor, or any person or entity for whom either is responsible, and (iv) failure to comply with

the Guilford County Schools ARRA Reporting Requirements, if applicable.

§ 9.15.4 In the event of accidents involving personal injury or property damage, the Contractor shall immediately

notify the Owner, the Program Manager and the Architect, furnishing as much data as is available. As soon as

practicable, he shall furnish to the Owner, the Program Manager and the Architect a written report indicating the

extent of the damage, the persons involved, the employer of the persons involved and the number of days each

person is hospitalized.

ARTICLE 10 ARCHITECT § 10.1 The Architect will provide administration of the Contract and will be an Owner’s representative during

construction, until the date the Architect issues the final Certificate for Payment. The Architect will have authority to

act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in

writing in accordance with other provisions of the Contract.

§ 10.2. The Architect shall visit the site at intervals appropriate to the stage of construction, but not less than once

every two weeks. Each Architecting discipline shall make periodic visits not less than once every two weeks, during

the course of work applicable to its discipline. During critical work phases, each Architecting discipline and

Architect may be required to make more frequent visits. The purpose of the visits is 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. On the basis of the observations, Architect shall use reasonable care to guard the Owner

against defects and deficiencies in the Work of the Contractor. If the Architect observes any work that does not

conform to the Construction Documents, the Architect shall immediately make an oral and written report to Owner

and Program Manager of any such acts or omissions. The Architecting disciplines shall prepare and submit a report

on each visit, submitted to the Owner, Program Manager and the Contractor through the Architect within five (5)

days of the visit.

§ 10.3 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect

is not the general agent of the Owner, and shall have the authority to act on behalf of the Owner only to the extent

provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the

construction means, methods, techniques, sequences (except to the extent phasing is required in a contract or

schedule) or procedures, or for safety precautions and programs in connection with the Work. The Architect shall

be responsible for the Architect’s negligent acts or omissions, including, but not limited to, a negligent failure to

timely determine the Work is not being performed in accordance with the Contract Documents or a negligent failure

to notify the Owner that the construction means, techniques, sequences, or procedures utilized by the Contractor are

not generally accepted in the industry. Notwithstanding the foregoing, the Architect shall not have control over or

charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities

performing portions of the Work, provided the Architect has given prompt notice to the Owner in writing of any

deviations from the Contract Documents in the Work or any defects or deficiencies in the Work of the Contractor of

which the Architect has knowledge, or reasonably should have knowledge.

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§ 10.4 Based on the Architect’s evaluations of the Work and of the Contractor’s Applications for Payment, the

Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such

amounts.

§ 10.5 The Architect has authority to reject Work and shall reject Work that does not conform to the Contract

Documents and to require inspection or testing of the Work.

§ 10.6 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.

§ 10.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the

Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions

on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for

results of any interpretations or decisions rendered in good faith.

§ 10.8 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent

expressed in the Contract Documents.

§ 10.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents

shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect.

Consent shall not be unreasonably withheld.

ARTICLE 11 SUBCONTRACTORS § 11.1 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.

§ 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as

practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the

Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with

any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten

days after receipt of the Contractor’s list of Subcontractors and suppliers. 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. The Contractor shall not be required to contract with

anyone to whom the Contractor has made reasonable objection.

§ 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the

Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents,

and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of

the Subcontractor’s Work, which the Contractor, by the Contract Documents, assumes toward the Owner and

Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that

the Contractor, by these Contract Documents, has against the Owner.

§ 11.4 The Contractor shall not change a Subcontractor, person or entity previously selected without the approval of

the Owner; provided, however, that Contractor shall be entitled to recover any resulting increase in the Contract

Sum resulting from any objection to the substitution.

§ 11.5 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 11.5.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided

that assignment is effective only after termination of the Contract or Contractor’s performance by the Owner and

only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in

writing.

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§ 11.5.2 Owner shall not be obligated for any payment or amounts claimed for work performed prior to the effective

date of the Assignment. Upon assignment, if the Work has been suspended for more than 45 days, the

Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension.

ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s

own forces, and to award separate contracts in connection with other portions of the Project or other construction or

operations on the site under conditions of the contract identical or substantially similar to these, including those

portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is

involved because of such action by the Owner, the Contractor shall make such claim as provided in Article 21.

§ 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and

storage of their materials and equipment and performance of their activities, and shall connect and coordinate the

Contractor’s activities with theirs as required by the Contract Documents.

§ 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a

separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The

Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly

timed activities, damage to the Work or defective construction of a separate contractor.

ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The

Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract

consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted

accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner,

Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect.

§ 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined

by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and

Architect, by the Contractor’s cost of labor, material, equipment, and reasonable overhead and profit, unless the

parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a

Construction Change Directive, the Contractor may request payment for Work completed pursuant to the

Construction Change Directive. The Architect will make an interim determination of the amount of payment due for

purposes of certifying the Contractor’s monthly Application for Payment. When the Owner and Contractor agree on

adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect

will prepare a Change Order.

§ 13.3 Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the

Work that is the subject of the Change Order, including, but not limited to, all direct and indirect costs associated

with such change and any and all adjustments to the Contract Sum and the construction schedule. Subsequent

claims for cumulative cost or cumulative impact shall not be allowed.

§ 13.4 The Architect will have 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 shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor

shall carry out such written orders promptly.

§ 13.5 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 and the Architect before conditions

are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly

investigate such conditions and, if the Architect determines that they differ materially and cause an increase or

decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an

equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions

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at the site are not materially different from those indicated in the Contract Documents and that no change in the

terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the

reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as

provided in Article 15.

ARTICLE 14 TIME § 14.1 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.

§ 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in

the Contract Documents for Substantial Completion of the Work.

§ 14.3 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically

defined.

§ 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3.

§ 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in

the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably

anticipatable, unavoidable casualties or any causes beyond the Contractor’s control, or by other causes which may

justify delay, then the Contract Time shall be extended by Change Order, but only if there was not a concurrent

critical path delay in the performance of the Work resulting from any other cause for which the Contractor is not

entitled to an extension in the Contract Time under the Contract Documents. The Contractor further acknowledges

and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay (i) is not

caused by the Contractor, (ii) could not be limited or avoided by the Contractor’s timely notice to the Owner and

Architect of the delay or reasonable likelihood that a delay will occur, and (iii) is of a duration not less than one (1)

day. Contractor shall strictly comply with all notice and time requirements contained herein. Failure to strictly

adhere thereto shall constitute a complete waiver of any claim for an extension of time or additional compensation

for delay.

ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 APPLICATIONS FOR PAYMENT § 15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum

Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values,

allocating the entire Contract Sum to the various portions of the Work, prepared in such form and supported by such

data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect,

shall be used in reviewing the Contractor’s Applications for Payment.

§ 15.1.2 The Contractor’s schedule of values shall contain the following line items and corresponding values and

dollar amounts in addition to all other specified requirements of the contract documents:

.1 As-Built Drawing Documents ½ % of total Contract Sum

.2 O & M Manuals ½ % of total Contract Sum

.3 Warranty Binders 1 % of total Contract Sum

§ 15.1.3 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 stored, and protected from damage, off the site at a location agreed upon in writing.

§ 15.1.4 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

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Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims,

security interests or other encumbrances adverse to the Owner’s interests.

§ 15.2 APPLICATIONS FOR PAYMENT § 15.2.1 At least thirty (30) days before the date established for each progress payment, the Contractor shall submit

to the Owner and Architect an itemized Application for Payment for operations completed in accordance with the

schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the

Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from

Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. Such

Application for Payment shall be certified as correct by an officer of Contractor and shall be accompanied by

acknowledgments of payment and other documentation from subcontractors’, materialmen and suppliers as may be

required by the Architect or Owner. In addition, such Application for Payment shall contain a certification by the

Contractor that there are no Claims by Contractor for which Owner and Architect have not received written notice as

required in Article 21; that there have been no claims submitted to the Contractor at the date of such Application for

Payment; and that all due and payable bills with respect to the Work have been paid to date or shall be paid from the

proceeds of such Application for Payment.

§ 15.2.1.1 As provided in Section 13.2, such applications may include requests for payment on account of changes in

the Work that have been properly authorized by Change Orders or Construction Change Directives.

§ 15.2.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the

Contractor does not intend to pay to Subcontractor or material supplier, unless such Work has been performed by

others whom the Contractor intends to pay and does promptly pay.

§ 15.2.1.3 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. All materials stored offsite pursuant to this Section shall belong to and be the

property of the Owner. 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. Owner shall

have the right to take possession of all materials stored offsite at any time, and any storage agreement made by

Contractor must so provide. Storage by Contractor of materials offsite is discouraged. Where circumstances

indicate that the Owner’s best interest is served by offsite storage, the Contractor shall make written request to the

Architect and Owner for approval to include such material costs in his next progress payment. The Contractor’s

request shall include the following information:

.1 a list of the fabricated materials consigned to the project (which shall be clearly identified), giving

the place of storage, together with copies of invoices and reasons why materials cannot be

delivered to the site;

.2 certification that items have been tagged for delivery to the project and that they will not be used

for another purpose;

.3 copy of insurance policy or amendment covering the material in storage, naming the Owner as

additional insured;

.4 costs incurred by the Architect to inspect material in offsite storage shall be paid by the

Contractor; and

.5 subsequent pay requests shall itemize the materials and their cost which were approved on

previous pay requests and remain in offsite storage.

§ 15.2.1.4 The Contractor warrants that title to all Work and materials covered by an Application for Payment will

pass to the Owner no later than the time of payment of the Application for Payment. The fact that retainage may be

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withheld shall not effect or limit Owner’s title to the Work or material. The Contractor further warrants that upon

submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued

and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be

free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors,

material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and

equipment relating to the Work.

§ 15.3 CERTIFICATES FOR PAYMENT § 15.3.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue

to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines

is properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding

certification in whole or in part as provided in Section 15.4.

§ 15.3.2 The Architect’s certification for payment shall constitute a representation by the Architect to the Owner,

based on the Architect’s evaluation of the Work as provided in Section 10.2 and on the data comprising the

Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the

Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract

Documents and the Contractor is entitled to the amount certified.

§ 15.3.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made

exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction

means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from

Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to

payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of

the Contract Sum.

§ 15.3.4 The Architect shall maintain a record of the Applications and Certificates for Payment.

§ 15.4 DECISIONS TO WITHHOLD CERTIFICATION § 15.4.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary

to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 15.3.2

cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will

notify the Contractor and Owner as provided in Section 15.3.1. If the Contractor and Architect cannot agree on a

revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is

able to make such representations to the Owner. The Architect or Owner may also withhold a Certificate for

Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for

Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from

loss for which the Contractor is responsible, including loss resulting from acts and omissions 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 or Claims by the Owner or a separate contractor;

.6 failure of Contractor to achieve the progress required by Contractor’s Construction Schedule;

.7 reasonable evidence that the Work will not be completed within the Contract Time;

.8 determination by Owner or Architect that the unpaid balance would not be adequate to cover actual or

liquidated damages for the anticipated delay or the cost of recovery to overcome the delay; or

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

§ 15.4.2 When the above reasons for withholding certification are removed, certification will be made for amounts

previously withheld.

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§ 15.4.3 If Contractor disputes a determination by the Architect or Owner with regard to a Certificate of Payment,

Contractor nevertheless expeditiously shall continue to prosecute the Work.

§ 15.4.4 Notwithstanding any other provision of this Agreement, the Owner shall not be deemed to be in breach of

this Contract by reason of the withholding of any payment or part of a payment which the Architect has not certified

or which Owner declines to pay on the grounds set forth in Section 15.4.1.

§ 15.5 PROGRESS PAYMENTS § 15.5.1 After the Architect has issued a Certificate for Payment, the Owner shall, subject to Section 15.4.4, make

payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect.

§ 15.5.2 The Contractor shall promptly pay each Subcontractor upon receipt of payment from the Owner, out of the

amount paid to the Contractor on account of each Subcontractor’s portion of the Work, the amount to which said

Subcontractor is entitled in accordance with the terms of its subcontract, reflecting percentages actually retained

from payments to the Contractor on account of such Subcontractor’s portion of the Work. The Contractor shall, by

appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors

and suppliers in a similar manner.

§ 15.5.3 The Architect may, on request, furnish to a Subcontractor, if practicable, information regarding percentages

of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on

account of portions of the Work done by such Subcontractor.

§ 15.5.4 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a

Subcontractor.

§ 15.5.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 15.5.2, 15.5.3

and 15.5.4.

§ 15.5.6 A Certificate for Payment, a progress payment, final 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.

§ 15.5.7 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, but nothing contained herein shall require

money to be placed in a separate account and not commingled with money of the Contractor.

§ 15.5.8 If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract

Documents, such payment shall be made promptly upon demand by the Owner. Notwithstanding any provisions in

the Contract Documents to the contrary, if the Contractor fails to promptly make any payment due the Owner, if the

Owner incurs any costs and expenses to cure any default of the Contractor or to correct defective Work, or if the

Architect awards a Claim to another Contractor chargeable against Contractor, the Owner shall have an absolute

right to offset such amount against the Contract Sum and may, in the Owner’s sole discretion, elect to (i) deduct

such amount from any payment then or thereafter due the Contractor from the Owner, or (ii) issue a written notice to

the Contractor reducing the Contract Sum.

§ 15.6 SUBSTANTIAL COMPLETION § 15.6.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof

is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the

Work for its intended use.

§ 15.6.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept

separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of

items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the

responsibility of the Contractor to complete all Work in accordance with the Contract Documents.

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§ 15.6.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work

or designated portion thereof is substantially complete. When the Architect and the Owner agree that the Work or

designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion

which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for

security, maintenance, heat, utilities, damage to the Work and insurance, and 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.

§ 15.6.4 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.

§ 15.7 PARTIAL OCCUPANCY OR USE § 15.7.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage,

provided such occupancy or use is consented to by the insurer as required under Section 17.4.15 and authorized by

public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not

the portion is substantially complete, provided the Owner and Contractor have accepted in writing the

responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities,

damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and

commencement of warranties required by the Contract Documents. When the Contractor considers a portion

substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section

15.6.2. 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.

§ 15.7.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect

the area to be occupied or portion of the Work to be used in order to determine and record the condition of the

Work.

§ 15.7.3 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.

§ 15.8 FINAL COMPLETION AND FINAL PAYMENT § 15.8.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance

and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the

Architect and Owner agree the the Work acceptable under the Contract Documents and the Contract fully

performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s

knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has

been completed in accordance with terms and conditions of the Contract Documents and that the entire balance

found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate

for Payment will constitute a further representation that conditions stated in Section 15.8.2 as precedent to the

Contractor’s being entitled to final payment have been fulfilled.

§ 15.8.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits

to the Architect and Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness

connected with the Work 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 thirty (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 acknowledgements of payments,

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

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such claim. If such claim 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 claim, including all costs and reasonable

attorneys’ fees. The Contractor shall furnish such evidence as may be necessary to show that out-of-state

subcontractors or suppliers have fully met the requirements of payment of taxes as established in the law of the State

or local subdivision thereof which may be in effect at the time of final payment.

The Owner will require the submission of such proof or evidence before final payment will be approved or made.

The following must be submitted to the Architect before approval of final payment:

.1 affidavit of payment as required under this paragraph shall be in the form of AIA Document G706

– Contractor’s Affidavit of Payment of Debt and Claims;

.2 consent of Surety as required under this paragraph shall be in the form of AIA Document G707 –

Consent of Surety Company to Final Payment;

.3 submit releases and final unconditional waivers from major subcontractors and suppliers;

.4 submit certification stating that no materials containing asbestos were incorporated into the Work;

.5 all warranties and guarantees required by the Contract Documents shall be assembled and

delivered to the Architect and accepted by Owner; and

.6 final as built drawings

§ 15.8.3 Final payment shall not constitute a waiver of Claims by the Owner.

§ 15.8.4 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 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs

in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of,

and shall provide reasonable protection to prevent damage, injury or loss to

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

.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the

site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-

subcontractors; and

.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.

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 and property and their protection

from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property 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

16.1.2 and 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone

for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The

foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 9.15.

§ 16.2 HAZARDOUS MATERIALS § 16.2.1 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),

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encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop

Work in the affected area and report the condition to the Owner and Architect in writing.

§ 16.2.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory

to verify the presence or absence of the material or substance reported by the Contractor and, in the event such

material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required

by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and

qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or

substances or 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. When the material or substance has

been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and

Contractor. 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, which adjustments shall be

accomplished as provided in Article 13, Contractor shall use its best efforts to mitigate the delay and impact of such

events.

§ 16.2.3 In the event the Owner believes the Contractor likely will encounter lead paint on the Project, the Owner

will have included a notice to the Contractor of the likely presence of lead paint in the Bid Documents. In such

event, notwithstanding any provision of Section 16.2.2 to the contrary, Contractor acknowledges it shall be

responsible for all testing, abatement, removal, remediation, disposal and clean up of such Hazardous Materials and

to properly protect all people working on or visiting the project. Except as provided herein, the remaining

provisions of Section 16.2 shall remain in full force and effect, including, but not limited to, the Contractor's

obligation to report the presence of any such Hazardous Materials to the Owner prior to any disturbance of such

Hazardous Materials.

§ 17.1 CONTRACTOR’S LIABILITY INSURANCE § 17.1.1 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 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 that

are applicable to the Work to be performed;

.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the

Contractor’s employees;

.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than

the Contractor’s employees;

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

.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible

property, including loss of use resulting therefrom;

.6 Claims for damages because of bodily injury, death of a person or property damage arising out of

ownership, maintenance or use of a motor vehicle;

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

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

Agreement, included private entitles performing Work at the site and exempt from the coverage on

account of number of employees or occupation, which entities shall maintain voluntary compensation

coverage at the same limits specified for mandatory coverage for the duration of the Project.

§ 17.1.2 The insurance required by Section 17.1.1 shall be written for not less than limits of liability specified in the

Contract Documents or required by law, whichever coverage is greater. Coverages, shall be 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.

The Builder’s Risk, comprehensive general liability, comprehensive automobile liability and umbrella liability

policies shall name the Owner and Program Manager as additional insureds and shall also provide no less than thirty

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(30) days prior written notice of cancellation or material change to Owner. All insurance policies must be issued by

insurers licensed to do business in the state in which the job site is located and have a Best Insurance Guide rating of

A/X or better.

§ 17.2.1 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including:

.1 Premises operation (including X, C, and U Coverages, as applicable);

.2 Independent Contractor’s protective;

.3 Products and completed operations;

.4 Personal injury liability with employment exclusion deleted;

.5 Contractual, including specified provision for Contractor’s obligation under Subparagraph 3.18;

.6 Owned, non-owned and hired motor vehicles; and

.7 Broad form property damage, including completed operations.

§ 17.1.2.2 If the General Liability coverages are provided by a Commercial General Liability Policy on a claims-

made basis, the policy data or retroactive date shall predate the Contract; the termination date of the policy or

applicable extended reporting period shall be no earlier than the termination date of coverages required to be

maintained after final payment, certified in accordance with Section 15.8. § 17.1.2.3 The insurance required by subparagraph 17.1.1 shall be written for not less than the following limits, or

greater, if required by law:

.1 Workers’ compensation

A. State Statutory

B. Applicable Federal: Statutory

C. Employer’s Liability;

$500,000 each accident

$500,000 disease, policy limit

$500,000 disease, each employee

.2 Comprehensive or Commercial General Liability:

A. Limit of Insurance (CSL)

$1,000,000 each occurrence

$2,000,000 aggregate

B. Products and completed operations to be maintained for 1 year after final payment.


C. Property damage liability insurance shall provide X, C, and U coverage.

D. Broad form property damage shall include completed operations.

.3 Contractual Liability (Hold Harmless coverage).

A. Limits of insurance (CSL):

$1,000,000 each occurrence


.4 Personal injury:

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.5 Business auto liability (including owned, non-owned, and hired vehicles);

.6 If the general liability coverages are provided by a commercial liability policy, the:

A. General aggregates shall not be less than $1,000,000 and it shall apply, in total, to this

Project only;

B. Fire damage limit shall be not less than $50,000 on any one fire; and

C. Medical expense limit shall be not less than $5,000 on any one person.

.7 Umbrella excess liability:

$3,000,000 over primary insurance

§ 17.1.3 Certificates of insurance and copies of the insurance policies shall be job specific and in form acceptable to

the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance

policies required by this Section 17.1.3 shall contain a provision that coverages afforded under the policies will not

be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. If any of

the foregoing insurance coverages are required to remain in force after final payment and are reasonably available,

an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for

Payment as required by Section 15.8.2. The certificate of insurance shall specifically state that X, C, and U

coverage is provided. If this insurance is written on the comprehensive liability policy, the certificates shall be in

the form of AIA Document G705 – Certificate of Insurance. If this insurance is written on a commercial general

liability policy form, Accord Form 25S will be acceptable.

§ 17.1.4 The Contractor shall cause each Subcontractor to (i) procure insurance reasonably satisfactory to the Owner

and (ii) name the Indemnities as additional insureds under the Subcontractor’s comprehensive general liability

policy. The additional insured endorsement included on the Subcontractor’s comprehensive general liability policy

shall state that coverage is afforded the additional insureds with respect to claims arising out of operations

performed by or on behalf of the Contractor. If the additional insured have other insurance that is applicable to the

loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability under this

insurance policy shall not be reduced by the existence of such other insurance.

§ 17.2 OWNER’S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. The

Contractor shall purchase and maintain insurance covering the Owner’s contingent liability for claims which may

arise from operations under the Contract.

§ 17.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE § 17.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective

Liability insurance from the Contractor’s usual sources as primary coverage for the Owner’s, Contractor’s and

Architect’s vicarious liability for construction operations under the Contract. Unless otherwise required by the

Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of

purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for

purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with

such coverage shall be equal to the aggregate of the limits required for Contractor’s Liability Insurance under

Sections 17.1.2 through 17.1.1.5.

§ 17.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner,

Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the

proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise.

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§ 17.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as

additional insureds on the Contractor’s Liability Insurance coverage under Section 17. §17.4 PROPERTY INSURANCE §17.4.1 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 comprising total value for the entire Project at the site on a replacement cost basis.

Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise

agreed in writing by all person and entities who are beneficiaries of such insurance, until final payment has been

made as provided in Section 15.8 or until no person or entity other than the Owner has an insurable interest in the

property required by this Section 17.4 to be covered, whichever is later. This insurance shall include interests of the

Owner, the Contractor, the Co-Prime Contractors and other contractors contracting with the Owner in connection

with construction of the Project. The form of policy for this coverage shall be completed value

§17.4.1.1 Property insurance shall be on an “all-risk” or equivalent policy form and shall include, without limitation,

insurance against the perils of fire (with extended coverage) and physical loss or damage including, without

duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,

testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any

applicable legal requirements, and shall cover reasonable compensation for Architect’s and Owner’s services and

expenses required as a result of such insured loss.

§17.4.1.2 The insurance required by this subparagraph shall show Owner, Contractor, and Subcontractor as Co-

insured and shall cover all of Owner’s property involved in the Project. The Contractor shall immediately furnish to

the Owner and the Architect copies of all endorsements that are subsequently issued amending coverage or limits.

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

deductibles.

§17.4.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work

in transit.

§17.4.1.5 Partial occupancy or use in accordance with Section 15.7 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.

§ 17.4.2 BUSINESS INTERRUPTION INSURANCE § 17.4.2.1 The Contractor has the option to purchase such insurance and riders to his insurance to cover Theft, Business

Interruption, Extra Expense, Installation, Contractors Equipment as he deems prudent to cover possible losses due to

acts of God (force majeure) including loss of income and financial damages due to loss of income caused by delays

in construction from a covered peril. This option shall be the sole remedy for damages that are not a result of

Owner, Architect, or their agents actions, omissions or failure to take action.

§ 17.4.2.2 The Contractor has the option to purchase such insurance and riders to his insurance to cover Theft, Business Interruption, Extra Expense, Installation, Contractors Equipment as he deems prudent to cover possible losses due to acts of God (force majeure) including loss of income and financial damages due to loss of income caused by delays in construction from a covered peril. This option shall be the sole remedy for damages that are not a result of Owner, Architect, or their agents actions, omissions or failure to take action.

§ 17.4.3 WAIVERS OF SUBROGATION § 17.4.3.1 The Owner and Contractor waive all rights against (1) each other, Owner’s Program Manager, and any of

their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s

consultants, separate contractors described in Article 12, if any, and any of their subcontractors, sub-subcontractors,

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agents and employees, for damages caused by fire or other causes of loss to the extent of actual recovery of any

insurance provided under any property insurance obtained pursuant to this Section 17.4 or other property insurance

applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as

fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate

contractors described in Article 6, if any, and the subcontractors, 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.

§ 17.4.3.2 A loss insured under the property insurance shall be adjusted by the Owner and made payable to the

Owner on behalf of the insureds, as their interests may appear, subject to requirements of Section 17.4.4. 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.

§ 17.4.4 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 otherwise determined by Owner. 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 13.

§ 17.4.5 The Owner as fiduciary shall have power to adjust and settle a loss with insurers on behalf of all insureds

and all parties in interest.

§ 17.5 PERFORMANCE BOND AND PAYMENT BOND § 17.5.1 Contractor shall furnish bonds satisfactory to Owner covering faithful performance of the Contract and

payment of obligations arising thereunder as stipulated in bidding requirements, as required by N.C.G.S. 143-129

and as specifically required in the Contract Documents on the date of execution of the Contract.

§ 17.5.2 The Contractor shall deliver the required bonds to the Owner when he delivers the executed contracts to the

Architect, or if the Work is to be commenced prior thereto in response to a Letter of Intent, the Contractor shall,

prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be

furnished.

§ 17.5.3 The Contractor shall keep the surety informed of the progress of the Work, and, where necessary, obtain the

surety’s consent to, or waiver of, (i) notice of changes in the Work; (ii) request for reduction or release of retention;

(iii) request for final payment; and (iv) any other item required by the Surety. The Owner may, in the Owner’s sole

discretion, inform the Surety of the progress of the Work and obtain consents as necessary to protect the Owner’s

rights, interest, privileges, and benefits under and pursuant to any bond issued in connection with the Work. § 17.6 GENERAL INSURANCE REQUIREMENTS § 17.6.1 In no event shall any failure of the Owner to receive and review copies or certificates or policies required

under Section 17.1 or to demand receipt of such copies or certificates be construed as a waiver by the Owner or the

Architect of the Contractor’s obligations to obtain insurance pursuant to this Article. The obligation to procure and

maintain such insurance is a separate responsibility of the Contractor and independent of the duty to furnish a

certified copy or certificate of such insurance policies.

§ 17.6.2 If the Contractor fails to purchase and maintain, or require to be purchased and maintained, any insurance

required under this Article 17, the Owner may, but shall not be obligated to, upon five (5) days’ written notice to the

Contractor, purchase such insurance on behalf of the Contractor and shall be entitled to be reimbursed by the

Contractor upon demand.

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§ 17.6.3 When any required insurance, due to the attainment of a normal expiration date or renewal date, shall

expire, the Contractor shall supply the Owner with Certificates of Insurance and amendatory riders or endorsements

that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of

coverage as was provided by the previous policy. In the event any renewal or replacement policy, for whatever

reason obtained or required, is written by a carrier other than that with whom the coverage was previously placed, or

the subsequent policy differs in any way from the previous policy, the Contractor shall also furnish the Owner with a

certified copy of the renewal or replacement policy unless the Owner provides the Contractor with prior written

consent to submit only a Certificate of Insurance for any such policy. All renewal and replacement policies shall be

in form and substance satisfactory to the Owner and written by carriers acceptable to the Owner. § 17.6.4 Any aggregate limit under the Contractor’s liability insurance shall, by endorsement, apply to this project

separately.

§ 17.6.5 Prior to commencement of the Work, the Contractor shall file with the Owner one (1) certified copy of the

policy or policies providing this property insurance coverage, each containing those endorsements specifically

related to the Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire

until at least thirty (30) days’ prior written notice has been given to the Owner, Architect and Contractor. § 17.6.6 All insurance required by this Contract shall be written by a company or companies having a rating of “A”

or above by A.M. Best Company and which are licensed and authorized to do business in North Carolina. § 17.6.7 The Contractor shall not commence work under this Contract until he has obtained all the insurance and

bonds required hereunder and such insurance and bonds have been approved by the Owner, nor shall the Contractor

allow any subcontractor to commence work on his subcontract until all similar insurance and bonds required of the

subcontractor have been so obtained and approved. Approval of the insurance by the Owner shall not relieve or

decrease the liability of the Contractor hereunder.

ARTICLE 18 UNCOVERING AND CORRECTION OF WORK § 18.1 UNCOVERING OF WORK § 18.1.1 If a portion of the Work is covered contrary to the Architect’s or Owner’s request or to requirements

specifically expressed in the Contract Documents, it must, if requested in writing by the Architect or Owner, be

uncovered for the Architect’s and Owner’s examination and be replaced at the Contractor’s expense without change

in the Contract Time.

§ 18.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine

prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If

such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate

Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such

costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or

a separate contractor, in which event the Owner shall be responsible for payment of such costs. If the condition was

caused by separate contractor, Contractor may make a claim for extra costs as provided in Article 21.

§ 18.2 CORRECTION OF WORK § 18.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or Owner or Work 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. If Contractor does not promptly commence such repair and continuously and

efficiently proceed to completion, Owner may correct the portion of the Work rejected and Contractor or its surety

shall reimburse Owner therefore. Costs of correcting such rejected Work, including additional testing and

inspections, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the

Contractor’s expense.

§ 18.2.2 In addition to the Contractor’s obligations under Section 9.4, 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

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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. 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 8.3. In the

judgment of the Architect or Owner, should any material, equipment or systems require corrective work because of

defects in material or workmanship within the warranty period, the Contractor shall complete all required corrective

work as expeditiously as possible, but in any event within thirty (30) days of notice. Contractor’s warranty

obligations as contained herein shall be in addition to such other obligations Contractor may have for correcting

defective Work imposed by this Agreement or otherwise imposed by law. Upon completion of any Work under or

pursuant to this Section 18.2, there shall be a one (1) year warranty and correction period in connection with repairs

and corrections performed. The obligations under this Section 18.2 shall cover any repairs and replacement to any

part of the Work or other property that is damaged by the defective Work.

§ 18.2.3 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.

§ 18.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or

partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work

that is not in accordance with the requirements of the Contract Documents.

§ 18.2.5 Nothing contained in this Section 18.2 shall be construed to establish a period of limitation with respect to

other obligations that the Contractor might have under the Contract Documents. Establishment of the one-year

period for correction of Work as described in Section 18.2.2 relates only to the specific warranty 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.

§ 18.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the

Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as

appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. The

acceptance of non-conforming Work by the Owner shall only be by written Change Order or Construction Change

Directive, signed by the Owner. No person has authority to accept non-conforming work except the Owner.

ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 GOVERNING LAW The Contract shall be governed by the law of the State of North Carolina.

§ 19.2 SUCCESSORS AND ASSIGNS § 19.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal

representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other

party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided

in Section 19.2.2 or set forth elsewhere in the Contract Documents, 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.

§ 19.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the

firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or

certified mail or by courier service providing proof of delivery to, the last business address known to the party

giving notice.

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§ 19.4 RIGHTS AND REMEDIES § 19.4.1 Except as expressly provided in the Contract Documents, 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.

§ 19.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty

afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a

breach there under, except as may be specifically agreed in writing.

§ 19.4.3 The invalidity of any part or provision of the Contract Documents shall not impair or affect in any manner

the validity, enforceability or effect of the remaining parts and provisions of the Contract Documents.

§ 19.5 TESTS AND INSPECTIONS § 19.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by

applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities having

jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make

arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to

the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and

approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be

made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or

approvals that do not become requirements until after bids are received or negotiations concluded.

§ 19.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require

additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written

authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection

or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of

when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such

costs, except as provided in Section 13.5.3, shall be at the Owner’s expense.

§ 19.5.3 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, cost of retesting for verification compliance, and

compensation for the Architect’s services and expenses shall be at the Contractor’s expense. The Contractor also

agrees that the cost of testing services required for the convenience of the Contractor in his scheduling and

performance of the Work, and the cost of testing services related to remedial operations performed to correct

deficiencies in the Work, shall be borne by the Contractor.

§ 19.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract

Documents, be secured by the Contractor and promptly delivered to the Architect.

§ 19.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the

Architect will do so promptly and, where practicable, at the normal place of testing.

§ 19.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid

unreasonable delay in the Work.

§ 19.6 INTEREST § 19.6.1 Undisputed payments due and unpaid under the Contract Documents shall bear interest from the date

payment is due at the rate of eight percent (8%) per annum.

§ 19.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD § 19.7.1 As between the Owner and Contractor:

.1 Before issuance of Final Certificate for Payment: As to acts or failures to act occurring prior to

the issuance of the Final Certificate for Payment, any applicable statute of limitations or statute of

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repose shall commence to run and any alleged cause of action shall be deemed to have accrued in

any and all events as of the date of the issuance of the final Certificate for Payment.

.2 After Final Certificate for Payment: As to acts or failures to act occurring after the relevant date

of issuance of the final Certificate for Payment, any applicable statute of limitations or statute of

repose shall commence to run and any alleged cause of action shall be deemed to have accrued in

any and all events as of the date of any act or failure to act by the Contractor pursuant to any

Warranty provided under Section 9.4, the date of any correction of the Work or failure to correct

the Work by the Contractor under Section 18.2, or the date of actual commission of any other act

or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last.

§ 19.8 CHOICE OF FORUM § 19.8.1 All litigation pertaining to or arising from or relating to this Agreement or the Work described herein shall

be conducted in the General Court of Justice, Superior Court Division for Guilford County (Greensboro) or in the

federal court residing in that District, which courts shall be the exclusive forums for any such litigation.

§ 19.8.2 Any mediation arising from or related to this Agreement or the Work shall be conducted in Guilford

County, North Carolina at a place designated by Owner.

ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 TERMINATION BY THE CONTRACTOR § 20.1.1 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;

In the event of a stoppage of the Work exceeding five (5) days, Contractor shall be entitled to an adjustment of the

Contract Time, and Contract Sum as provided in Section 20.3.

§ 20.1.2 The Contractor may terminate the Contract if the Architect has not, within the time provided by the Contract

Documents, issued a Certificate for Payment or has not notified the Contractor of the reason for withholding

certification as provided in Section 15.3, or because the Owner has not made payment on the undisputed portion of a

Certificate for Payment which has been certified by the Architect for Payment within 30 days of the date required by

the Contract Documents.

§ 20.1.3 If one of the reasons described in Section 20.1.1 or 20.1.2 exists, the Contractor may give twenty-one (21)

days’ written notice to the Owner and Architect that Contractor is considering terminating the Contract and shall

state specifically and in detail all grounds for termination. If Owner or Architect has not cured the specified grounds

for termination set forth in the written notice within twenty-one (21) days of receipt of such notice, Contractor may,

upon giving fifteen (15) additional days’ written notice, terminate the Contract and recover from the Owner payment

for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and

machinery, including reasonable job site overhead, cost and profit earned to date and the other items set out in

Section 14.4. Contractor waives all consequential damages including, but not limited to, home office overhead and

those damages set forth in Section 21.1.8.

§ 20.2 TERMINATION BY THE OWNER FOR CAUSE § 20.2.1 The Owner may terminate the Contract or complete any portion of the Work using its own or separate forces

at the Contractor’s expense if the Contractor:

.1 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 disregards laws, statutes, ordinances, codes, rules and regulations, or orders of a public authority

having jurisdiction;

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.4 fails to begin remedial action within any time period set forth in any Notice of Violation issued by

NCDENR, and/or within forty-eight (48) hours after receipt by the Contractor of written notice from

the Owner;

.5 falls more than fourteen (14) days behind the progress required by the Contractors Construction Schedule (or fails to achieve any milestone as required therein), and fails promptly to take reasonable steps, as determined by Owner, to regain the period of delay;

.6 fails to comply with its coordination and/or scheduling obligations;

.7 fails to comply with its obligations under the Guilford County Schools ARRA Reporting Requirements, if applicable, or

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

§ 20.2.2 When any of the above reasons exist, the Owner 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 Take possession of the site and of all plans, files, electronic records or information, materials,

equipment, tools, and construction equipment and machinery thereon owned or leased by or in the

control of the Contractor;

.2 Take assignment of subcontracts pursuant to Section 11.5;

.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the

Contractor, the Owner shall furnish to the Contractor reasonable documentation of the costs incurred

by the Owner in finishing the Work; and

.4 Require Contractor to provide to Owner within seven days of notice of termination, a complete

summary and recap of all contracts and agreements with subcontractors, suppliers, materialmen,

consultants, independent contractors and any other entity with which Contractor has contracted in

connection with the Project (collectively the “Contractor’s Subcontractors”). The recap shall set out

the following information for each of the Contractor’s Subcontractors: (i) initial contract amount, (ii)

a list of all approved change orders, (iii) a list of all pending change orders and a description thereof,

(iv) a list of the billings by each of Contractor’s Subcontractors and a list of payments; (v) a list of the

amounts billed on each change order, and a list of payments and such other information and

documentation as the Owner or Architect may, in their discretion, require; (vi) a list of all applicable

offsets or backcharges. The required summary and recap shall be certified as correct by an officer of

Contractor. Along with the recap, Contractor shall deliver all invoices, evidences of payment,

subcontracts, change orders and agreements.

Upon receipt of notification of termination, Contractor shall not remove any of the property described in Section

20.2.2 and will take all necessary action not to interfere with Owner’s rights upon termination. Contractor

acknowledges that his failure to comply with the requirements of Sections 20.2.2 and 20.2.3 will entitle Owner to

equitable relief, including a mandatory injunction to compel Contractor’s performance.

§ 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall

not be entitled to receive further payment until the Work is finished.

§ 20.2.4 Upon final completion, Architect shall determine the reasonable cost of completion of the Work, which

determination shall be final and conclusive. Architect shall issue a change order, to be executed by Owner and

Architect only. Agreement by Contractor to the cost of completion will not be required. Additional charges and

Claims by the other co-prime Contractors for delay, impact or acceleration which have not previously been

addressed by change order shall be charged against Contractor’s Contract balance. If the unpaid balance of the

Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses

made necessary thereby, liquidated damages and other recoverable damages incurred by the Owner, as well as costs,

and expenses incurred (including reasonable attorneys’ fees arising from termination and defending any claim

brought by Contractor or others), such excess shall be paid to the Contractor. If such costs, expenses and damages

exceed the unpaid balance (as adjusted), 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 survive termination of the Contract or Contractor’s

performance.

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§ 20.2.5 Upon termination, Owner shall not be obligated to rebid the Work and may have the Work completed in

such manner as Owner deems appropriate, including cost of the Work plus a fee. Owner is entitled to select the

replacement contractor which selection shall not be based solely upon the basis of the fee proposed or total cost of

completion, but shall also consider the replacement Contractor’s ability to perform the Work in a quality manner and

complete the Project in an expeditious manner.

§ 20.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 20.3.1 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.

§ 20.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by

suspension, delay or interruption as described in Section 20.3.1. Adjustment of the Contract Sum shall include

profit. No adjustment shall be made to the extent

.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause

for which the Contractor is responsible; or

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

§ 20.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 20.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.

§ 20.4.2 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.

§ 20.4.3 Upon such termination, the Contractor shall recover, as its sole remedy, payment for Work properly

performed in connection with the terminated portion of the Work prior to the effective date of termination, for items

properly and timely fabricated off the Project site, delivered and stored in accordance with the Owner’s instructions,

and for reasonable cost of demobilization. The Contractor hereby waives and forfeits all other claims for payment

and damages, including, without limitation, anticipated profits. The Owner shall be credited for (i) payments

previously made to the Contractor for the terminated portion of the Work, (ii) claims that the Owner or other

Contractors have against the Contractor under the Contract, and (iii) the value of the materials, supplies, equipment,

or other items that are to be disposed of by the Contractor that are part of the Contract Sum.

§ 20.4.4 Upon termination by Owner under this Section, Contractor shall submit a final payment application for (a)

all reasonable costs and direct jobsite expenses incurred through the date of termination; (b) reasonable direct jobsite

costs incurred in connection with demobilization, restocking and securing the site; (c) a reasonable rental for

Contractor’s equipment, tools, construction equipment and machinery retained by Owner at termination, which will

be returned to Contractor on or before final completion; (d) retainage earned as of the date of termination; and (e)

the percentage of overhead and profit earned to date based upon the percentage of completion of Contractor’s Work

as of the date of termination as determined by Architect and Owner. Owner shall withhold such amounts as the

Architect and/or Owner deem appropriate for such matters as pending claims or defective work or as otherwise

allowed by the Contract Documents.

§ 20.4.5 Contractor will include in each of its subcontracts and purchase order, a provision which allows termination

for convenience on the same terms as set forth above.

§ 20.5 Termination of the contract by Owner will not excuse Contractor or its surety for compliance of the Work

performed prior to the date of termination with the Contract Documents.

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§ 20.6 In the event that Owner purports to terminate this Agreement for cause and it is subsequently determined that

no grounds for termination for cause exist, such termination shall be deemed a termination by Owner for

convenience, and the provisions of Article 14.4 shall be applicable.

ARTICLE 21 CLAIMS AND DISPUTES § 21.1 CLAIMS § 21.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of

Contract terms, payment of money, extension of time, 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, the Contractor

and Architect, or the Contractor and other Contractors, arising out of or relating to the Contract. Claims must be

initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim.

§ 21.1.2 NOTICE OF CLAIMS § 21.1.2.1 Notice of claim by Contractor must be made within seven (7) days after occurrence of the event giving rise

to such Claim or within seven (7) days after the Contractor first recognizes (or should have recognized) the

condition giving rise to the Claim, whichever is later. Notice of claim must be made in writing.

§ 21.1.2.2 Time is of the essence with respect to providing notice and filing claims by Contractor. The initial notice

of claim filed in writing shall provide notice of the event giving rise to the claim with sufficient detail to allow

Architect, Owner to investigate such claim. The initial notice of claim filed by Contractor shall also include

Contractor’s best estimate of the additional cost and impact on the schedule. A final claim shall be filed by

Contractor within twenty-one (21) days from completion of the additional work involved in the claim. Such final

claim shall be fully documented with support for all costs claimed and shall include an updated schedule showing

the effect on the time for completion. Failure of Contractor to strictly comply with this procedure shall constitute a

waiver and release of such claim. Any claim shall represent the entire claim for that event, and no additional claims

for impact, delay, or cumulative effect shall be made by the Contractor.

§ 21.1.3 CONTINUING CONTRACT PERFORMANCE If the Contractor believes that any action or directive of the Owner or Architect entitles Contractor to make Claim

for an increase in the Contract Sum or Contract Time, written notice as provided herein shall be given and written

authorization from Owner to proceed shall be received before proceeding to execute the Work. Prior notice is not

required for Claims relating to an emergency endangering life or property. Pending final resolution of a Claim,

except as otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and

the Owner shall continue to make payments in accordance with the Contract Documents for work and/or claims for

Payment not disputed by Owner.

§ 21.1.4 CLAIMS FOR ADDITIONAL COST § 21.1.4.1 Against Owner:

.1 If the Contractor believes additional cost is involved for reasons attributable to Owner including,

but not limited to (1) an order by the Owner to stop the Work where the Contractor was not at

fault, (2) failure of payment by the Owner, (3) termination of the Contract by the Owner, (4)

Owner’s suspension of the Work, (5) failure of the Owner or Architect to make a decision or act,

or (6) other reasonable grounds for which Owner is responsible. Contractor shall notify Architect

and Owner within five (5) days of the actions or inactions.

.2 Owner’s exercise of any of its rights pertaining to changes, regardless of the extent or number of

such changes, or Owner’s exercise of any of its remedies of suspension of the Work, or

requirement of correction or re-execution of any defective Work shall not under any circumstances

to be construed as interference with Contractor’s performance of the Work.

§ 21.1.4.2 Against Architect:

If the Contractor believes that additional cost or delay is involved as a result of the actions, failure to act, errors or

omissions of the Architect, for which Contractor claims Architect is responsible including, (1) failure to correct

34

incomplete or ambiguous plans and specifications in a timely manner, (2) failure to respond in a timely manner to

requests made by Contractor, (3) improper administration of the Contract, or (4) other reasonable cause, Contractor

shall notify Owner and Architect within five (5) days of the date of the actions or inactions of the Architect or the

date the errors and omissions in the plans and specifications are discovered.

§ 21.1.4.3 Owner’s and Architect’s Rights to Cure:

.1 Contractor shall notify Owner, Program Manager and Architect in writing as early as possible in

advance of when decisions or actions are required from Owner or Architect, so as not to delay

Contractor’s Work.

.2 Should Contractor be delayed in performance of the Work by Owner or Architect, Contractor shall

deliver to Owner and Architect a written notice of such delay within five (5) days of the

commencement of such delay. Time is of the essence with respect to notice of delay and the

scheduled completion date herein established.

.3 If Owner and/or Architect removes the cause of delay attributable to Owner and/or Architect

within five (5) days from the receipt of such notice, Contractor shall not be entitled to additional

compensation or an extension of time. If Owner and/or Architect fails to remove the cause of such

delay within five (5) days from receipt of such notice, Contractor may, subject to the requirements

and limitations imposed by the Contract Documents, make a claim for additional compensation as

provided in Article 15 and request an extension of time for the period of delay as provided herein.

Failure of Contractor to adhere strictly to the requirements of this subparagraph shall constitute a

waiver of Contractor’s claim for extra compensation and an extension of time.

§ 21.1.5 CLAIMS FOR ADDITIONAL TIME § 21.1.5.1 If the Contractor wishes to obtain an increase in the Contract Time, a Claim should be submitted in strict

compliance with Section 21.1.2 and the other applicable requirements of Article 21. Contractor’s Claim for delay

must be supported by a critical path analysis which shows to the satisfaction of the Architect and Owner that the

delay involved was to a critical party activity (or activities), was not caused or materially contributed to in whole or

part by Contractor (or anyone for which Contractor is responsible) or any other Prime Contractor, and results in a

delay to Substantial Completion of the Work. Contractor will not be entitled to an extension of time or any damages

for delay where there is concurrent delay for which a Prime Contractor or Contractor (or anyone for which

Contractor is responsible) is responsible in whole or part. Contractor’s claim for additional compensation for delay

shall be limited to reasonable actual, additional direct costs incurred at the job site without mark-up for overhead and

profit. No consequential damages or home-office overhead or expenses shall be recoverable.

§ 21.1.5.2 If abnormal, 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 critical path of construction. Claims for extension of

Contract Time for delays and excessive inclement weather (adverse weather) delay days shall be deemed to be

satisfied by the Owner granting an extension of time only and do not entitle the Contractor to reimbursement for

extended overhead or direct field supervision or other costs.

§ 21.2 MEDIATION § 21.2.1 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 21.3.2, the parties may nonetheless proceed

to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.

35

§ 21.2.2 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.

ARTICLE 22 NON-DISCRIMINATION § 22.1 The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by

Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color,

religion, sex or national origin, and the implementing rules and regulations prescribed by the secretary of Labor, are

incorporated herein.

§ 22.2 The Contractor agrees not to discriminate against any employee or applicant for employment because of

physical or mental handicap in regard to any position for which the employee or applicant is qualified. The

contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified

handicapped individuals without discrimination based upon their physical or mental handicap in all employment.

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

OWNER (Signature) CONTRACTOR (Signature)

(Printed name and title) (Printed name and title)


Dudley High School

SECTION 01 11 00 - SUMMARY OF WORK

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and SupplementaryConditions and other Division 1 Specification Sections, apply to this Section.

1.2 WORK COVERED BY CONTRACT DOCUMENTS

A. The Project is: Dudley High School Auxiliary Gym Roof Replacement

1. Project Location: 1200 Lincoln St, Greensboro, NC 27401

2. Owner: Guilford County Schools

B. Designers for the Project: Richard A. Nuhn, P.E., Greensboro, NC.

C. Work under this Contract consists of furnishing all labor, materials, and equipmentnecessary to perform the roof replacement of designated roof areas of the GatewayEducation Center.

The scope of work includes, but is not limited to:

General Provisions

1. Refer to roofing plan drawing for the key to specific areas which are referredto in the Scope of Work.

2. Protection of existing facilities, furnishings, plantings, etc. during all operations. Provide protection for all underground utilities during operations. The Ownerwill provide underground utility location services at the start of the project ifnecessary for performance of work.

3. Provide protection for pedestrian sidewalks, driveways, and other areas whereemployees, guests and students travel. Protection of sidewalks and groundsshall be applied according to requirements of the Owner. The Contractor willprovide all signage required for safety and will maintain signage during entireproject.

4. Provide temporary watertight tie-offs at all roof features, penetrations, andperimeter edge details during the extent of this contract.

5. Provide all fall safety protection required by OSHA for steep slope roofingapplication.

6. Work shall include a minimum of 3 required Material Manufacturer inspectionsand providing a final-inspection of the completed membrane waterproofingsystem with written reports for all visits submitted to the Project Designer.

7. Warranty shall be a single-source warranty for the entire roof system for 20years from the membrane manufacturer.


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8. See Specification Section 012300 for Alternates applicable to the scope ofwork.

Auxiliary Gym High Roof Replacement

1. Existing single-ply roofing membrane and woodfiber overlayment board shallbe removed. Membrane base flashings are to be removed to allow newflashing to seal tight to parapet walls. Existing BUR membrane and insulation shall be left in place.

2. Removal of designated existing sheet metal edging, penetration flashing,counterflashing, etc.

3. Removal and disposal of any wet, rotten, warped, deteriorated or otherwisedamaged wood blocking around the exterior walls. Replace wet, rotten,warped, deteriorated, or otherwise damaged wood sheathing, blocking, etc. Replacement will be on a unit-cost basis as directed by the Project Designer.

4. Provide and install all rough carpentry for roofing as shown on Drawings, asspecified herein, and as required to complete work under this contract.

* Existing wood nailers are to be resecured with 5/16" diameter Tapconsat 16" oc. Existing masonry nails to remain in place.

5. Provide and install a 1/2" thick, gypsum overlayment board, loose-laid over theexisting roofing membrane system.

6. Provide and install a 60 mil, PVC or KEE thermoplastic membrane, loose-laidover the overlayment board. Color to be selected by Owner (White or Tan).

7. Install wind vents around perimeter as shown on shop drawings.

8. Provide and install sheet-metal flashing, and counterflashing related to roofingsystem as specified herein. Edge metal at perimeter shall be membrane-coated metal.

* Add wood nailer at perimeter if Alternate No. 1 is accepted.

9. Provide and install sealants for caulking roofing work as shown on Drawings,and as specified herein.

10. Alternate No. 1: Provide cost for adding 1.5" of isocyanurate insulation overthe existing BUR membrane and under the new overlayment board. Oneadditional treated 2x6 wood nailer to be added around the perimeter of the roofarea. Reference specification: Sections 06 10 20 and 07 22 50.

11. Alternate No. 2: Large HVAC units are to be raised using a crane, additionalnailers added to provide adequate flashing height, and flashing membraneinstalled prior to resetting the HVAC units. Work includes disconnecting andreconnecting the ductwork and electricity.


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Low Roof Replacement (Alternate No. 3)

12. Existing roofing membrane and insulation is to remain. Membrane baseflashings are to be removed to allow new flashing to seal tight to parapet walls.

13. Removal of designated existing sheet metal coping, penetration flashing,counterflashing, etc.

14. Removal and disposal of any wet, rotten, warped, deteriorated or otherwisedamaged wood blocking, etc. Replace wet, rotten, warped, deteriorated, orotherwise damaged wood sheathing, blocking, etc. Replacement will be on aunit-cost basis as directed by the Project Designer.

15. Provide and install an fiberglass-facer polyisocyanurate insulation board directlyover the existing BUR roof membrane. Insulation is to be loose-laid. Thickness to be 1.5". Tapered insulation for drainage saddles along theexterior wall with the roof drains will be required.

16. Provide and install a 1/2" thick, gypsum overlayment board, loose-laid over theisocyanurate insulation.

17. Provide and install a 60 mil, PVC or KEE membrane, loose-laid over theoverlayment board. Membrane color shall be selected by Owner.

18. Install wind vents around perimeter as shown on drawings.

19. Provide and install exposed and built-in sheet-metal coping and counterflashing related to roofing system as shown on Drawings, and as specified herein.

20. Provide and install sealants for caulking roofing work as shown on Drawings,and as specified herein.

21. Electrical conduit to be removed from the coping metal and reinstalled. Workto be done by GCS electricians.

1.3 CONTRACTOR USE OF PREMISES

A. Refer to Special Project Procedures Section 01 35 13 and Work Restrictions 01 14 00.

1.4 OCCUPANCY REQUIREMENTS

A. Full Owner Occupancy: The Owner will occupy the site and existing building during theentire construction period. Cooperate with the Owner during construction operationsto minimize conflicts and facilitate owner usage. Perform the Work so as not tointerfere with the Owner's operations.

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION


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3.1 PREPARATION AND PROTECTION

A. Provide and maintain means to prevent the spread of dust, fumes, smoke andexcessive noise.

B. Provide erect and maintain temporary barriers and security devices for safety ofstudents, staff and visitors.

C. Handle materials in a controlled manner; do not drop or throw materials from heights.

D. Minimize damage to building weatherproofing system during construction period, andpromptly repair damage caused by construction operations. Protect building andoccupants in Work area.

E. Maintain vehicular, pedestrian, and emergency access to portions of facility that arein use. Keep entrances and exits clear of stored materials and construction equipment.Short interruptions in access may be permitted if approved in advance in writing byOwner's Representative. Schedule deliveries to minimize interruptions.

F. No deliveries of materials at times of student drop-off or student pick-up.

3.2 SITE CLEANUP

A. Execute cleanup to ensure that buildings, grounds, and adjacent properties aremaintained free of waste, debris and rubbish. Clean up shall be on a daily basis.

END OF SECTION


Dudley High School

SECTION 01 14 00 - WORK RESTRICTIONS

PART 1 - GENERAL


A. Drawings, general provisions of the Contract, including General Conditions, other Division1 Specification Sections, and all other contract bid documents apply to this Section.

1.2 USE OF PREMISES

A. Use of Site: Limit use of premises to work in areas indicated. Do not disturb portions of sitebeyond areas in which the Work is indicated.

1. Limits: Confine constructions operations to comply with Guilford County Schoolssecurity badge system.

2. Guilford County Schools Occupancy: Allow for Guilford County Schools occupancyof site according to the Project Plan.

3. Driveways and Entrances: Keep driveways and entrances serving premises clearand available to Guilford County Schools, Guilford County Schools employees, andemergency vehicles at all times. Do not use these areas for parking or storage ofmaterials.

a. Schedule deliveries to minimize use of driveways and entrances.

b. Schedule deliveries to minimize space and time requirements for storage ofmaterials and equipment on-site.

c. Do not allow company trucks or material supplier trucks on site duringperiods of time that the school is having pick-up or delivery of students tothe school. Violation of this requirement will result in shut down of theproject until corrective action is approved by the Owner.

1.3 SUMMARY

A. This Section includes a summary of each contract, including responsibilities for coordination and temporary facilities and controls.

B. Specific requirements of each contract are also indicated in individual Specification Sections,All Bid Documents and on Drawings.

1.4 OCCUPANCY REQUIREMENTS

A. Full Guilford County Schools Occupancy: Guilford County Schools will occupy site andexisting building during entire construction period. Cooperate with Guilford County Schoolsduring construction operations to minimize conflicts and facilitate Guilford County Schoolsusage. Perform the Work so as not to interfere with Guilford County Schools’ operations.

1.5 SPECIAL REQUIREMENTS

A. Prime and subcontractors are required to comply with Article 2 of Chapter 64 of the NorthCarolina General Statutes, including but not limited to, the use of E-Verify to verify the legalemployment status of its employees.


Dudley High School

1. Each prime and subcontractor shall sign and return their Affidavit of E-Verificationto Guilford County Schools with the submission of bids..

2. If at any time during the project additional workers are hired by the prime orsubcontractor, the prime or subcontractor shall notify Guilford County Schools, signand return an Affidavit of E-Verification prior to the new hire beginning work on theproject.

3. If at any time during the project additional prime or subcontractors are added to theproject, Guilford County Schools shall be notified, and the new prime orsubcontractor shall sign and return an Affidavit of E-Verification with the bidproposal.

B. Criminal Background Investigations of individuals working on school property (sites occupiedwith students and sites not occupied with students) are required. All costs associated withthese criminal background checks is the responsibility of the contractor. GCS reserves theright to request a current background check.

C. At a minimum, the contractor shall obtain a complete North Carolina statewide criminalbackground investigation for all employees and subcontractors who will work on this project,covering a period for the last seven (7) years. In the event that the contractor orsubcontractor is from out of state, the criminal background investigation shall be broadenedto include their home state, as well as the state of North Carolina as outlined above. Thecompany providing such information must be recognized by local law enforcement agencyas qualified to do so. All costs associated with these criminal background checks is theresponsibility of the contractor. Each prime contractor will be responsible for all theiremployees and all of their subcontractors working under them.

1. On sites that are occupied with students and staff, a daily sign-in sheet will bepresented by each prime contractor to the principal and SRO - Student ResourceOfficer by 9:00 a.m. each morning. If there is no SRO - provide to the Principal. Thislist will contain the name of each person on site and the company they work for.

D. Any individual with the following criminal convictions or pending charges will NOT bepermitted on any school project or property.

1. Child molestation or abuse;

2. Child pornography;

3. Repeated domestic violence charges or convictions;

4. Rape or felony sexual assault;

5. Any sexually oriented crime;

6. Drugs: Felony use, possession or distribution;

7. Carjacking or automotive theft;

8. Felonies involving firearms or other deadly weapons;

9. Felony arson or destruction of property;

10. Felony theft, burglary, home invasion or robbery;

11. Felony racketeering or extortion;

12. Felony kidnapping;


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13. Felony assault, battery, homicide, murder, attempted murder or other violent felony;

14. Hate crimes. .

E. Any individual with a prior conviction or pending charges contained in the aforementioned list,shall be banned (not allowed) from any school project or property.

F. Each person on site must wear a plastic laminated identification badge that identifies thename of the company and the person’s name. These badges are to be computer producedat a font large enough to be clearly visible. The ID badge template will be made available tothe successful contractor at the Pre-Construction Meeting.

G. Guilford County Schools, may, at any time, request verification of criminal backgroundinvestigation for any employee or subcontractor on school property.

H. There is a NO TOBACCO policy on all property owned by Guilford County Schools. Therefore, use of any type of tobacco product is prohibited. Workers will be asked to leavethe site for the balance of the day on their first offense. Workers will be asked topermanently leave the site after the first offense.

I. If, in the opinion of the Designer, the General Contractor does not properly water tight thebuilding from the elements – the Owner maintains the right to call in a 3rd party IndustrialHygienist for the purpose of evaluating the infiltration of moisture. This Industrial Hygienistwill prepare a report of corrective action necessary to prevent future mold and mildew issuesand the General Contractor is solely responsible for the corrective action necessary, as wellas all costs associated with the services of the Industrial Hygienist and any additional surfaceor air quality testing fees that may be required to insure a safe building

J. All contractors understand and agree that the primary use of an occupied school facility is forthe instructional programming to benefit the achievement of the students enrolled in saidfacility. During periods of standardized and other major testing such as EOG’s, etc.. thecontractors agree to pursue quiet operations that do not disturb the testing operations. Noclaims for delay will be considered for these days of quiet operation during periods of testing.

PART 2 - PRODUCTS (NOT APPLICABLE)

PART 3 - EXECUTION (NOT APPLICABLE)

END OF SECTION 01 14 00


Dudley High School

SECTION 01 22 00 - UNIT PRICES

PART 1 - GENERAL



1.2 SUMMARY

A. This Section includes administrative and procedural requirements for unit prices.


C. Unit price is an amount proposed by bidders, as a price per unit of measurement formaterials or services added to or deducted from the Contract Sum by appropriatemodification, if estimated quantities of Work required by the Contract Documents areincreased or decreased.

1.3 PROCEDURES

A. Unit prices include all necessary material, plus cost for delivery, installation, insurance,overhead, and profit. Unit Prices represent a full and total cost for the listed unit.

1. Measurement and Payment: Refer to individual Specification Sections for work thatre-quires establishment of unit prices. Methods of measurement and payment forunit prices are specified in those Sections.

B. Guilford County Schools reserves the right to reject Contractor's measurement ofwork-in-place that involves use of established unit prices and to have this work measured,at Guilford County Schools’ expense, by an independent surveyor acceptable to Contractor. If the findings are that the Contractor’s measurement of work-in-pace is inaccurate, theContractor shall bear the responsibility for said survey.

C. List of Unit Prices: A list of unit prices is included in this section. Specification Sectionsreferenced in the schedule contain requirements for materials described under each unitprice. The bidder(s) shall submit a completed unit price sheet along with the bid. The unitprices will be reviewed and discussed with the Contractor if any units are found to beinequitable.

D. Unit Prices may be equitably adjusted after bid day if they are found to be unreasonable incost.

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION

3.1 LIST OF UNIT PRICES (INCLUDE WITH BID)

A. Unit prices quoted and accepted shall apply throughout the life of the contract, except asotherwise specifically noted. Unit prices shall be applied, as appropriate, to compute the totalvalue of changes in the scope of the work all in accordance with the contract documents.


Dudley High School

B. Base bid condition to include the list amount of one unit of each item listed with a credit of theunit price to be issued by the contractor for this work if it is determined this work will not berequired. Additional units if necessary to be determined at the following prices:

Item Unit Specification

No. 1 Replace Wood Nailers Unit: 8ft of tr. 2x6 Rough Carpentry 06 10 20

The Contractor shall provide an add unit price for the any additional wood blocking that isrequired due to the discovery of concealed wet, warped, rotted, or otherwise deterioratedwood. The contractor shall include 80 lin ft of the specified wood blocking in the Base Bid.



Dudley High School

SECTION - 01 23 00 - ALTERNATES

PART 1 - GENERAL



1.2 SUMMARY

A. This Section includes administrative and procedural requirements for alternates.


1.3 DEFINITIONS

A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain workdefined in the Bidding Requirements that may be added to or deducted from the Base Bidamount if Owner decides to accept a corresponding change either in the amount ofconstruction to be completed or in the products, materials, equipment, systems, or installationmethods described in the Contract Documents.

1. The cost or credit for each alternate is the net addition to or deduction from theContract Sum to incorporate alternate into the Work. No other adjustments aremade to the Contract Sum.

1.4 PROCEDURES

A. Coordination: Modify or adjust affected adjacent work as necessary to completely integratework of the alternate into Project.

1. Include as part of each alternate, miscellaneous devices, accessory objects, andsimilar items incidental to or required for a complete installation whether or notindicated as part of alternate.

B. Notification: Prior to award of the Contract, the Designers will notify each party involved, inwriting, of the status of each alternate. The Designers will indicate if alternates have beenaccepted, rejected, or deferred for later consideration. The Contractor agrees to honorpricing on Bid Alternates for a period of 120 calendar days.

C. Execute accepted alternates under the same conditions as other work of the Contract.

D. Schedule: A Schedule of Alternates is included at the end of this Section. The BidDocuments contain technical requirements for materials necessary to achieve the workdescribed under each alternate. Alternate costs shall be identified on the project bid forms with the proper break down for labor and materials.



Dudley High School

PART 3 - EXECUTION

3.1 SCHEDULE OF ALTERNATES

Alternate No. 1: Provide cost for adding 1.5" of isocyanurate insulation over the existing BUR membrane and under the new overlayment board. One additional treated 2x6 woodnailer to be added around the perimeter of the roof area. Reference specification: Sections06 10 20 and 07 22 50.

Alternate No. 2: Provide cost for temporary relocation of the HVAC units to allow forflashing of curbs. Work includes providing a crane to lift the units and resetting them inplace, adding wood blocking for adequate flashing height, and providing labor fordisconnecting/reconnecting of ductwork and electricity as required during HVAC unit lifting.

Alternate No. 3: Provide cost for installing PVC membrane roofing system on low roof areaover offices and locker rooms. Scope of work is as defined in Section 011100. Referencespecification: Sections 07 22 00, 07 22 50, 07 52 16, and 07 62 00.



Dudley High School

SECTION - 01 26 00 - MODIFICATION PROCEDURES

PART 1 - GENERAL



1.2 SUMMARY

A. This Section specifies administrative and procedural requirements for handling andprocessing contract modifications.

1.3 MINOR CHANGES IN THE WORK

A. The Designer will issue supplemental instructions authorizing minor changes in the Work,not involving adjustment to the Contract Sum or Contract Time, on AIA Form G710,Architect's Supplemental Instructions.

1.4 CHANGE ORDER PROPOSAL REQUESTS

A. Owner-Initiated Proposal Requests: The Designer will issue a detailed description ofproposed changes in the Work that will require adjustment to the Contract Sum or ContractTime. If necessary, the description will include supplemental or revised Drawings andSpecifications.

1. Proposal requests issued by the Designer are for information only. Do not considerthem as an instruction either to stop work in progress or to execute the proposedchange.

2. Within 10 days of receipt of a proposal request, submit an estimate of costnecessary to execute the change to the Designer for the Owner's review.

a. Include a list of quantities of products required and unit costs, with the totalamount of purchases to be made. Where requested, furnish survey data tosubstantiate quantities.

b. Indicate applicable taxes, delivery charges, equipment rental, and amountsof trade discounts.

c. Include a statement indicating the effect the proposed change in the Workwill have on the Contract Time.

B. Contractor-Initiated Proposals: When latent or unforeseen conditions require modificationsto the Contract, the Contractor may propose changes by submitting a request for a changeto the Designer .

1. When latent and unforeseen conditions require modifications to the Contract, theContractor must propose changes by submitting a request for a change to theOwner.

2. Change orders for unforseen or concealed conditions will only be accepted when theOwner has been notified in advance of any work for which the contractor, or hissubcontractor, is seeking additional costs.


Dudley High School

3. All quantities, both labor and material, shall be verified by the Owner or hisrepresentative at the time that the additional work is performed. All quantities shallbe agreed upon by both parties at the time the work is done.

4. Any work performed without notification of the Owner or his representative, in writing, prior to start of the additional work for which the contractor believes to be beyond thecontract scope of work, shall be subject to rejection of the change order.

5. Upon determination that additional costs may have been incurred by the contractor,the Contractor shall submit in writing a request for additional costs due to conditionsnoted above. The written request should included documentation of actual quantitiesand additional labor man-hours, such that each item can be reviewed and confirmedby the Owner. Any items without proper supporting documentation shall be subjectto rejection when establishing the scope of the change order.

a. Include a statement outlining the reasons for the change and the effect ofthe change on the contract total cost and time for completion. The requestis to provide a detailed description of the proposed change.

b. Include a statement outlining the reasons for the change and the effect ofthe change on the contract total cost and time for completion. The requestis to provide a detailed description of the proposed change.

c. Include a list of quantities of products required and unit cost, with the totalamount of purchases to be made. Indicate applicable taxes, deliverycharges, equipment rental, and amounts of trade discounts.

6. Change orders performed for unit cost items shall be paid based only on quantitiesagreed to by the contractor and owner's representative prior to the start of the workrelated to the change order.

7. The Owner shall not be obligated to make payment for any portion of an invoicewhich is not accompanied by sufficient supporting documentation to allow the Ownerto verify the amount being claimed or for any item in dispute. Payment forunsupported amounts or for disputed items shall be remitted promptly upon receiptby the Owner of sufficient supporting documentation or resolution of the dispute.

C. Proposal Request Form: Use Change Order Request Form Section 00 63 57 for ChangeOrder Proposal Requests.

1. Include sufficient documentation of quantities and unit prices to allow evaluation ofquantities with respect to the work required and the intent of the change. Requiresubcontractors to provide comparable documentation for their work.

2. Do not use lump sum pricing for any trade or subcontract in excess of $500.00.

3. Permit charge for overhead and profit determined as follows:

a. for the Contractor, for any work performed by his employees or agents 10%of the costs. Deduct 5% for deductive change orders;

b. for the Contractor, for work performed by his Subcontractor, 5% of theamount due the subcontractor; and

c. for each Subcontractor, for work performed by such Subcontractor, hisemployees and agents, 10% of the costs.


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d. “Costs” shall not include home-office charge or expenses, supervision,superintendents, wages of time keepers, watchmen and clerks, small tools,incidentals, general office expense and all other expenses generallyconstituting overhead or general conditions. The proposals from thecontractor for extra work shall include a breakdown showing cost formaterials, labor, insurance and overhead and profit and bonds.

4. The maximum total combined markup for bonds and insurance will be two (2) percentof the total amount.

1.5 CONSTRUCTION CHANGE DIRECTIVE

A. Construction Change Directive: When the Owner and the Contractor disagree on the termsof a Proposal Request, the Designer may issue a Construction Change Directive on AIA FormG714 or similar form. The Construction Change Directive instructs the Contractor to proceedwith a change in the Work, for subsequent inclusion in a Change Order.

1. The Construction Change Directive contains a complete description of the change inthe Work. It also designates the method to be followed to determine change in theContract Sum or Contract Time.

B. Documentation: Maintain detailed records on a time and material basis of work required bythe Construction Change Directive.

1. After completion of the change, submit an itemized account and supporting datanecessary to substantiate cost and time adjustments to the Contract.

1.7 PRODUCT OPTIONS:

A. Contractor Product Selection:

1. Products specified only by referenced standard: Any product meeting that standard.

2. Products specified by naming several manufacturers: Products of any namedmanufacturer meeting specifications.

3. Products specified by naming one or more manufacturers and "or as approved";Submit a request for substitution in accordance general conditions.

1.8 SUBSTITUTIONS:

A. After award of the contract and prior to commencing work, the Designer will consider requestsfrom the Contractor for substitutions. Substitutions will then be considered only when aproduct becomes unavailable due to no fault of the Contractor.

B. Document each request with complete data substantiating compliance of proposedsubstitution with Contract Documents.

C. A substitution request constitutes a representation that the Contractor:

1. Has investigated the proposed product and determined that it meets or exceeds, inall respects, specified product.

2. Shall provide the same warranty for substitution as for specified product.

3. Shall coordinate installation and make other changes which may be required for workto be complete in all respects.

4. Waives claims for additional costs which may consequently become apparent.


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D. Substitutions will not be considered when they are indicated or implied on Shop Drawings orProduct Data submittals without separate written request, or when acceptance will requiresubstantial revision of Contract Documents.

E. Samples of proposed substitutions shall be submitted with the request for substitution. ShopDrawings will not be considered for review on materials which have not been completelychecked and stamped by the Contractor and, if substitutions, have not been previouslysubmitted as called for in Section 01 33 00.

F. Acceptance of any substitution does not void or otherwise eliminate any requirements fromthe base bid specification section.

G. The Designer will determine acceptability of proposed substitution and will notify theContractor of acceptance or rejection in writing within a reasonable time.





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SECTION 01 29 00 - PAYMENT PROCEDURES

PART 1 - GENERAL



1.2 SUMMARY

A. This Section specifies administrative and procedural requirements governing theContractor's Applications for Payment.

B. Related Sections: The following Sections contain requirements that relate to this Section.

1. Schedules: The Contractor's Construction Schedule and Submittal Schedule arespecified in Division 1 Section "Submittals."

1.3 SCHEDULE OF VALUES

A. Coordination: Coordinate preparation of the Schedule of Values with preparation of theContractor's Construction Schedule.

1. Correlate line items in the Schedule of Values with other required administrativeschedules and forms, including:

a. Contractor's Construction Schedule.b. Application for Payment forms, including Continuation Sheets.c. Schedule of allowances.d. List of products.e. List of principal suppliers and fabricators.f. Schedule of submittals.

2. Submit the Schedule of Values to the Designer at the earliest possible date but nolater than 7 days before the date scheduled for submittal of the initial Applicationsfor Payment.

B. Format and Content: Use the Project Manual table of contents as a guide to establish theformat for the Schedule of Values. Provide at least one line item for each SpecificationSection.

1. Identification: Include the following Project identification on the Schedule ofValues:

a. Project name and location.b. Name of the Designer .c. Project number.d. Contractor's name and address.e. Date of submittal.

2. Arrange the Schedule of Values in tabular form with separate columns to indicatethe following for each item listed:

a. Related Specification Section or Division.b. Description of Work.c. Name of subcontractor.


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d. Name of manufacturer or fabricator.e. Name of supplier.f. Change Orders (numbers) that affect value.g. Dollar value.

1) Percentage of Contract Sum to nearest one-hundredth percent,adjusted to total 100 percent.

3. Provide a breakdown of the Contract Sum in sufficient detail to facilitate continuedevaluation of Applications for Payment and progress reports. Coordinate with theProject Manual table of contents. Break principal subcontract amounts down intoseveral line items.

4. Round amounts to nearest whole dollar; the total shall equal the Contract Sum.

5. Provide a separate line item in the Schedule of Values for each part of the Workwhere Applications for Payment may include materials or equipment, purchased orfabricated and stored, but not yet installed.

a. Differentiate between items stored on-site and items stored off-site. Include requirements for insurance and bonded warehousing, if required.

6. Provide separate line items on the Schedule of Values for initial cost of thematerials, for each subsequent stage of completion, and for total installed value ofthat part of the Work.

7. Schedule Updating: Update and resubmit the Schedule of Values prior to the nextApplications for Payment when Change Orders or Construction Change Directivesresult in a change in the Contract Sum.

1.4 APPLICATIONS FOR PAYMENT

A. Each Application for Payment shall be consistent with previous applications and paymentsas certified by the Designer and paid for by the Owner.

1. The initial Application for Payment, the Application for Payment at time ofSubstantial Completion, and the final Application for Payment involve additionalrequirements.

B. Payment-Application Times: The date for each progress payment application is theseventh day of each month. The period covered by each Application for Payment starts onthe day following the end of the preceding period and ends 7 days prior to the date foreach progress payment.

C. Payment-Application Forms: Use AIA Document G702 and Continuation Sheets G703 asthe form for Applications for Payment. Use the Sales Tax form to report applicable stateand county sales taxes. Include a completed Payment Application Cover Sheet with eachapplication.

D. Application Preparation: Complete every entry on the form. Include notarization andexecution by a person authorized to sign legal documents on behalf of the Contractor. TheDesigner will return incomplete applications without action.

1. Entries shall match data on the Schedule of Values and the Contractor'sConstruction Schedule. Use updated schedules if revisions were made.

2. Include amounts of Change Orders and Construction Change Directives issuedprior to the last day of the construction period covered by the application.


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E. Sales Tax Summary – The project is subject to a sales tax rebate for the Owner. Eachcontractor and subcontractor shall submit a summary of payments made and invoicesreceived including sales taxes for the month being billed. Each contractor shall maintainthese accounts on the form included in this project manual entitled Certificate ConcerningNorth Carolina State and County Sales Tax (hereinafter referred to as the “Sales TaxForm”. All supporting documentation is required on a monthly basis along with thepayment application. Supporting documentation is identified on the form. When theContractor submits multiple Sales Tax Forms, he shall also provide a notarized summaryform that lists each Subcontractor and the taxes reported by that subcontractor. A total foreach column shall be computed and reported on this summary sheet. This summarysheet shall be the first sheet of the sales tax reports submitted.

F. Transmittal: Submit three (3) signed and notarized original copies of each Application forPayment (including separately notarized sales tax reports) to the Designer. All copies shallbe complete, including waivers of lien and similar attachments, when required.

1. Transmit each copy with a transmittal form listing attachments and recordingappropriate information related to the application, in a manner acceptable to theDesigner .

G. Waivers of Mechanics Lien: With each Application for Payment, submit waivers ofmechanics liens from subcontractors, sub-subcontractors and suppliers for theconstruction period covered by the previous application.

1. Submit partial waivers on each item for the amount requested, prior to deductionfor retainage, on each item. Retainage is to be calculated at a rate of 5% and willbe withheld in accordance with the requirements set forth in the N.C. GeneralStatutes

2. When an application shows completion of an item, submit final or full waivers.

3. The Owner reserves the right to designate which entities involved in the Workmust submit waivers.

4. Waiver Forms: Submit waivers of lien on forms, and executed in a manner,acceptable to the Owner.

H. Initial Application for Payment: Administrative actions and submittals, that must precede orcoincide with submittal of the first Application for Payment, include the following:

1. List of subcontractors.2. List of principal suppliers and fabricators.3. Schedule of Values.4. Contractor's Construction Schedule (preliminary if not final).5. Schedule of principal products.6. Submittal Schedule (preliminary if not final).7. Performance and payment bonds.8. Certificates of insurance and insurance policies.9. Copies of building permits.10. Copies of authorizations and licenses from governing authorities for performance

of the Work.11. Data needed to acquire the Owner's insurance.12. Completed Payment Application cover sheet, and all items itemize thereon.

I. Application for Payment at Substantial Completion: Following issuance of the Certificate ofSubstantial Completion, submit an Application for Payment.

1. This application shall reflect Certificates of Partial Substantial Completion issuedpreviously for Owner occupancy of designated portions of the Work.


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2. Administrative actions and submittals that shall precede or coincide with thisapplication include:

a. Final cleaning.b. Warranties (guarantees) and maintenance agreements.c. Consent of surety.d. List of incomplete Work, recognized as exceptions to Designer 's

Certificate of Substantial Completion.

J. Final Payment Application: Administrative actions and submittals that must precede orcoincide with submittal of the final Application for Payment include the following:

1. Completion of Project closeout requirements.2. Completion of items specified for completion after Substantial Completion.3. Ensure that unsettled claims will be settled.4. Ensure that incomplete Work is not accepted and will be completed without undue

delay.5. Transmittal of required Project construction records to the Owner.6. Proof that taxes, fees, and similar obligations were paid.7. Removal of temporary facilities and services.8. Removal of surplus materials, rubbish, and similar elements.9. Submit Appendix E MBE Documentation for Contract Payments as documentation

of payment to minority businesses for work on the Project.10. Submit Lien Waivers from subcontractors and major equipment suppliers.11. Submit Affidavit of Payment of Debts and Claims with all supporting

documentation.





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SECTION 01 33 00 - SUBMITTALS

PART 1 - GENERAL



1.2 SUMMARY

A. This Section includes administrative and procedural requirements for submittals required forperformance of the Work, including the following:

1. Contractor's construction schedule.2. Submittal schedule.3. Shop Drawings.4. Product Data.5. Samples.6. Quality assurance submittals.

B. Administrative Submittals: Refer to other Division 1 Sections and other Contract Documentsfor requirements for administrative submittals. Such submittals include, but are not limitedto, the following:

1. Permits, if applicable2. Applications for Payment.3. Performance and payment bonds.4. Insurance certificates.5. List of subcontractors.

C. Related Sections: The following Sections contain requirements that relate to this Section:

1. Division 1 Section "Applications for Payment" specifies requirements for submittalof the Schedule of Values.

2. Division 1 Section "Quality Control" specifies requirements for submittal of inspectionand test reports.

3. Division 1 Section "Contract Closeout" specifies requirements for submittal of ProjectRecord Documents and warranties at project closeout.

1.3 DEFINITIONS

A. Coordination Drawings show the relationship and integration of different constructionelements that require careful coordination during fabrication or installation to fit in the spaceprovided or to function as intended.

B. Field samples are full-size physical examples erected on-site to illustrate finishes, coatings,or finish materials. Field samples are used to establish the standard by which the Work willbe judged.

1.4 SUBMITTAL PROCEDURES

A. Submittals shall be prepared for each individual specification section. One large pdf file orcatalog will not be accepted.


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* Each submittal package shall be numbered with the specification section referenceand with a number to indicate revision. Sample: 07XXXX - 001 - (SD for shopdrawings or PD for product data).

* Each submittal package shall have a cover page to be used for application of review-status stamps.

* MSDS sheets are not to be included with technical data. Provide one MSDSsubmittal at the conclusion of the review of each submittal package that is acompilation of all the materials.

B. Coordination: Coordinate preparation and processing of submittals with performance ofconstruction activities. Transmit each submittal sufficiently in advance of performance ofrelated construction activities to avoid delay.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, othersubmittals, and related activities that require sequential activity.

2. Coordinate transmittal of different types of submittals for related elements of theWork so processing will not be delayed by the need to review submittals concurrentlyfor coordination.

a. The Designer reserves the right to withhold action on a submittal requiringcoordination with other submittals until all related submittals are received.

3. Processing: To avoid the need to delay installation as a result of the time requiredto process submittals, allow sufficient time for submittal review, including time forresubmittals.

a. Allow 2 weeks for initial review. Allow additional time if the Designer mustdelay processing to permit coordination with subsequent submittals.

b. If an intermediate submittal is necessary, process the same as the initialsubmittal.

c. Allow 2 weeks for reprocessing each submittal.

d. No extension of Contract Time will be authorized because of failure totransmit submittals to the Designer sufficiently in advance of the Work topermit processing.

C. Submittal Preparation: Place a permanent label or title block on each submittal foridentification. Indicate the name of the entity that prepared each submittal on the label or titleblock.

1. Provide a space approximately 4 by 5 inches on the label or beside the title block onShop Drawings to record the Contractor's review and approval markings and theaction taken.

2. Include the following information on the label for processing and recording actiontaken.

a. Project name.b. Date.c. Name and address of the Designer.d. Name and address of the Contractor and sub-contractor if applicablee. Name of the manufacturer.f. Name and address of the supplier.g. Spec section number & name


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D. Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from the Contractor to the Designer using a transmittal form. TheDesigner will not accept submittals received from sources other than the Contractor.

1. On the transmittal, record relevant information and requests for data. On the form,or separate sheet, record deviations from Contract Document requirements,including variations and limitations. Include Contractor's certification that informationcomplies with Contract Document requirements.

E. Do not fabricate products or begin work which requires submittals until return of submittalwith Designer acceptance.

1.5 CONTRACTOR'S CONSTRUCTION SCHEDULE

A. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-chart-type, contractor'sconstruction schedule. Submit within 15 days after the date established for "Commencementof the Work."

1. Secure time commitments for performing critical elements of the Work from partiesinvolved. Coordinate each element on the schedule with other constructionactivities; include minor elements involved in the sequence of the Work. Show eachactivity in proper sequence. Indicate graphically the sequences necessary forcompletion of related portions of the Work.

2. Coordinate the Contractor's Construction Schedule with the Schedule of Values, listof subcontracts, Submittal Schedule, progress reports, payment requests, and otherschedules.

B. Distribution: Following response to the initial submittal, print and distribute copies to theDesigner, Owner, subcontractors, and other parties required to comply with scheduled dates. Post copies in the Project meeting room and temporary field office.

1. When revisions are made, distribute to the same parties and post in the samelocations. Delete parties from distribution when they have completed their assignedportion of the Work and are no longer involved in construction activities.

1.6 SHOP DRAWINGS

A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, orotherwise indicate deviations from the Contract Documents. Do not reproduce ContractDocuments or copy standard information as the basis of Shop Drawings. Standardinformation prepared without specific reference to the Project is not a Shop Drawing. Shopdrawings to be project specific.

B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules,patterns, templates and similar Drawings. Shop Drawings shall be prepared on AutoCADand submitted in electronic format unless otherwise requested. Include the followinginformation:

1. Dimensions.2. Identification of products and materials included by sheet and detail number.3. Compliance with specified standards.4. Notation of coordination requirements.5. Notation of dimensions established by field measurement.6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit

Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 24 x36inches.

7. Initial Submittal: Submittal to be by email. Files to be in pdf format.8. Final Submittal: Submittal to be by email and marked as record drawings or for field


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use. Files to be in pdf format.9. Do not use Shop Drawings without an appropriate final stamp indicating action

taken.

1.7 PRODUCT DATA

A. Collect Product Data into a single submittal for each specification section or each elementof construction or system. Partial submittals will NOT BE accepted. Product Data includesprinted information, such as manufacturer's installation instructions, catalog cuts, standardcolor charts.

1. Mark each copy to show applicable choices and options. Where printed ProductData includes information on several products that are not required, mark copies toindicate the applicable information. Include the following information:

a. Manufacturer's printed recommendations.b. Compliance with trade association standards.c. Compliance with recognized testing agency standards.d. Application of testing agency labels and seals.e. Notation of dimensions verified by field measurement.f. Notation of coordination requirements.

2. Do not submit Product Data until compliance with requirements of the ContractDocuments has been confirmed.

3. Submittals: Submit by email using pdf-file format. Unreadable scans will bereturned for resubmittal. Use current data sheets, dated information will be rejectedand resubmittal required.

a. Unless noncompliance with Contract Document provisions is observed andnoted as revise and resubmit, the submittal may serve as the final submittal.

4. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers,manufacturers, fabricators, and others required for performance of constructionactivities. Show distribution on transmittal forms.

a. Do not proceed with installation until a copy of Product Data is in theInstaller's possession.

b. Do not permit use of unmarked copies of Product Data in connection withconstruction.

B. Submit only pages which are pertinent; mark each copy of standard printed data toidentify pertinent products, referenced to Specification section and Article number. Showreference standards, and performance characteristics; finishes; dimensions; and requiredclearances.

C. Modify manufacturer's standard drawings and information in order to provide informationspecifically applicable to the work of this Contract. Delete information not applicable.

1.8 SAMPLES

A. Samples are required as indicated in technical specification for this project.

1.9 QUALITY ASSURANCE SUBMITTALS

A. Submit quality-control submittals, including design data, certifications, manufacturer'sinstructions, manufacturer's field reports, and other quality-control submittals as requiredunder other Sections of the Specifications.


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B. Certifications: Where other Sections of the Specifications require certification that a product,material, or installation complies with specified requirements, submit a notarized certificationfrom the manufacturer certifying compliance with specified requirements.

1. Signature: Certification shall be signed by an officer of the manufacturer or otherindividual authorized to sign documents on behalf of the company.

C. Inspection and Test Reports: Requirements for submittal of inspection and test reports fromindependent testing agencies are specified in Division 1 Section "Quality Control."

1.10 DESIGNER'S ACTION

A. Except for submittals for the record or information, where action and return is required, theDesigner will review each submittal, mark to indicate action taken, and return promptly.

1. Compliance with specified characteristics is the Contractor's responsibility.

B. Action Report: The Designer may attach to each submittal a uniform, action summary stamp. The Designer will mark the stamp appropriately to indicate the action taken, as follows:

1. Final Unrestricted Release: When the Designer marks a submittal "No ExceptionsTaken," the Work covered by the submittal may proceed provided it complies withrequirements of the Contract Documents. Final payment depends on thatcompliance.

2. Final-But-Restricted Release: When the Designer marks a submittal "Reviewed asNoted Markings," the Work covered by the submittal may proceed provided itcomplies with notations or corrections on the submittal and requirements of theContract Documents. Final payment depends on that compliance.

3. Returned for Resubmittal: When the Designer marks a submittal "Not Approved,Revise and Resubmit," do not proceed with Work covered by the submittal, includingpurchasing, fabrication, delivery, or other activity. Revise or prepare a new submittalaccording to the notations; resubmit without delay. Repeat if necessary to obtaindifferent action mark.

a. Do not use, or allow others to use, submittals marked "Not Approved,Revise and Resubmit" at the Project Site or elsewhere where Work is inprogress.

4. Other Action: Where a submittal is for information or record purposes or specialprocessing or other activity, the Designer will return the submittal marked "Action NotRequired."

C. Unsolicited Submittals: The Designer will return unsolicited submittals to the sender withoutaction.





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SECTION - 01 35 13 - SPECIAL PROJECT PROCEDURES

PART 1 - GENERAL

1.1 STUDENT SAFETY

A. Construction fencing will be utilized to control the construction zone and generate a safe pathof travel for students, staff and the public.

B. 10 mph speed limit for construction traffic will be enforced.

C. Roadways being shared with school and construction traffic will be closely supervised.

1.2. STUDENT SECURITY

A. No Construction personnel in school building during school hours without authorization fromthe principal or GCS Maintenance Department Supervision.

1.3. PARKING

A. Construction parking in designated contractor parking, staging, and overflow parking areasonly.

1.4. EMERGENCY ACCESS TO SITE

A. Fire extinguishers will be placed throughout the site with the fire marshal’s input.

1.5 WORKERS CODE OF CONDUCT

A. GCS has a zero tolerance policy for cursing, cat calling, or unauthorized inter-action withstudents, staff or parents.

B. Security background checks are required for every worker on site.

C. Due to the commitment to a drug and alcohol free workplace, it is also the policy of theGuilford County Schools that the work environment shall be free of the presence ofalcoholic beverages or unlawful controlled substances and that contractor's employeesshall perform their job assignment(s) safely, efficiently, and without the adverse influence ofalcohol or controlled substances. Therefore, the school system prohibits all employeesfrom possessing, using, manufacturing, dispensing, selling, distributing, or being under theinfluence of illegal drugs and from the use, sale, distribution or possession of drugparaphernalia. All employees are prohibited from unlawfully possessing, using,manufacturing, dispensing, selling, distributing, or being under the influence of alcohol.

D. When on GCS property the contractor and all persons performing work for him shall wearsome form of identification showing the company name or logo, either by identification badgeor by clothing (shirts, uniforms, hats) with the company name or logo.

E. If the conduct or performance of any of the Contractor's personnel, Sub-Contractor, materialvendor or any other person performing work for the Contractor, or is otherwise on theOwner’s property as a result of the Contractor’s work, is improper, inappropriate, or is not instrict accordance with the Contract Documents, the Contractor shall remove such personsfrom the Work.

F. Personnel wearing clothing with obscene designs or profane language will be asked tochange clothes or be required to leave the site.


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G. The use of all obscene language is prohibited.

H. Contractors personnel are prohibited from having firearms in their possession while on theOwner’s property.

I. It is the school system’s policy that the use of tobacco products while on school property isprohibited.

J. The contractor shall at all times obey the rules and restrictions promulgated by the GuilfordCounty Board of Education pertaining to conduct while on school property. This includes theusing of no tobacco products on school grounds.

1.6. CONSTRUCTION SCHEDULE & SEQUENCE

A. Construction will be performed between dates to be determined after bids are received.

B. Construction locations and sequencing will be coordinated with the school principal andschool construction and capital planning so as to not interfere with normal school operations.

C. Contractor shall not schedule deliveries during hours that school has student drop-off andpick-up.

1.7 DAILY WORK HOURS:

A. Daily work hours are normally limited to the hours between 6:30 AM and 6:00 PM, Mondaythrough Friday, work hours other than these times should be cleared in advance with theOwner’s representative. When the school is in session, testing may require work hours maybe limited to daytime hours after 3:00 PM, nights, holidays, and weekends unless priorapproval is obtained from the school principal. Weekend work and extended work day hoursmay be permissible with written permission of the Owner. The use of generators, mechanicalequipment, and other work items generating noise are to be limited to times outside normalschool hours, unless approved by the Owner.

B. Contractor shall, at all times, take all reasonable precautions to avoid disturbing the schoolsystem students and staff, and shall utilize all reasonable efforts to keep all noise,inconvenience or other disturbance to an absolute minimum.

C. The Contractor may be asked to suspend work at times that are critical to the Owner’soperation of this facility. The Owner will notify the Contractor of upcoming events ahead oftime. Claims for contract time extension or costs associated with work suspension will beconsidered if not declared by the Owner prior to the submission of bids for construction.

1.8 DIRT, DUST AND NOISE

A. Daily clean up will done by the contractor’s to maintain a clean site.

B. Noise in adjacent areas to summer school classrooms will be kept to a minimum so as to notinterfere with class studies. NO NOISE is permitted during testing.

1.9 COMMUNICATIONS PROCEDURES

A. All communication to the principal or the Owner will flow through the GCS Project Managerunless otherwise designated.

1.10 EMERGENCY CALL LIST:

A. The Contractor shall supply the Owner with an Emergency Call List of the Contractor'sSupervision responsible for contacting Contractor's personnel in emergencies. TheContractor shall furnish and maintain cell phones for the Contractor's Supervision. The


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Contractor shall be responsible for designating its supervision which will carry the mobilephones.

1.11 DISCREPANCIES:

A. If during the performance of the Work, the Contractor discovers errors or discrepancies inthe Drawings or Specifications, then the Contractor shall promptly bring these to the attentionof the Designer/Engineer in writing which shall promptly reconcile such errors ordiscrepancies. The Owner will not be liable for any costs incurred by the Contractor due tosuch errors or discrepancies if the Contractor proceeds with the Work in question without thewritten approval of the Designer.

1.12 UTILITIES/EQUIPMENT:

A. Use of existing utilities, power and/or water will be furnished by the Owner for his work. Necessary connections to be by the Contractor.

B. Should usage become excessive, as determined solely by the Owner’s representative, theContractor shall pay City rates for the utility usage.

1.13 VENTILATION:

A. Provide, as required, facilities to maintain specific storage conditions as described within thisspecification and as recommended by materials manufacturers for use in construction.

1.14 SANITARY FACILITIES:

A. The Owner’s Representative shall designate existing facility toilets for use by the Contractor,sub-contractors, and their employees.

B. The designated facilities shall kept clean and free of construction dust and dirt. If problemsoccur in this regard, temporary toilets will be required and construction personnel will beprohibited from using the existing facilities.

1.15 CONSTRUCTION AIDS:

A. Contractor shall provide scaffolding and ladders for access to roof and high work areas at alltimes during construction. Scaffolding and ladders shall meet all OSHA safety requirements. Contractor shall provide ladders for access to all adjacent work areas. Existing facilities ofthe Owner outside the area of construction may not be used for storage during construction.

B. Construction cranes shall be permitted on site only at times approved by the Guilford CountySchools Maintenance Department.

1.16 CLEANING DURING CONSTRUCTION:

A. The Contractor shall at all times, maintain the Owner's premises, property, and the Projectsite in a neat and orderly condition, free from accumulations of waste materials and rubbishduring entire Project period. During the execution of the Work, adjoining areas shall not belittered or obstructed any more that necessary for the performance of the Work. TheContractor shall have the responsibility for removing and disposing of all cartons, crates,trash and all flammable waste materials from the Work areas and for complying with allcodes and regulations pertaining to the disposal of debris.

B. Residue and debris from construction operations shall not be allowed to accumulate andshall be removed from the Site and disposed of daily, unless prior arrangement is made withthe Designer and the Owner's Representative.


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C. Project debris and litter shall be disposed of in Contractor’s dumpsters. The use of theOwner’s trash bins and dumpsters is prohibited.

D. Damages: The contractor is responsible for repairing all damages his organization causesto any school property during the performance of the work.

1.17 PROJECT SECURITY:

A. The Contractor shall be responsible for scheduling and coordination all work to preventdamage to the existing building by inclement weather, or by unauthorized entry duringunoccupied periods and shall, where necessary, to control and prevent such damage orentry, install temporary closures for openings.

1.18 PROTECTION OF FACILITIES:

A. The Contractor shall be responsible for guarding against fires and shall provide suitable andadequate fire extinguishers and first aid kits conveniently located at the Site. Competentoperators shall be in attendance at all times any equipment is subject to use. Fireextinguishers shall be minimum of 20 ABC. All extinguishers shall have current inspectiontags, current inspection, and shall be visible at all times.

B. The Contractor is responsible for providing all necessary scaffolding, chutes, canvastarpaulins, or other measures required to protect the walls, parapets, and other propertynoted to remain from damage, soiling, staining, etc.

C. Contractor is to make an effort to locate and protect all existing under ground utilities beforeand during the construction effort. Isolate the work site, as much as possible, fromstudents/public by means of ropes, fencing, barricades, etc.



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SECTION - 01 77 00 - CLOSEOUT PROCEDURES

PART 1 - GENERAL



1.2 SUMMARY

A. This Section includes administrative and procedural requirements for contract closeout,including, but not limited to, the following:

1. Inspection procedures.2. Project Record Documents.3. Operation and maintenance manuals.4. Warranties.5. Instruction of Guilford County School’s personnel.6. Final cleaning.


1.3 SUBSTANTIAL COMPLETION

A. Preliminary Procedures: Before requesting inspection for determining date of SubstantialCompletion, complete the following. List items below that are incomplete in request.

1. Contractor shall prepare a list of items to be completed and corrected (punch list),the value of items on the list, and reasons why the Work is not complete.

2. Advise Guilford County Schools of pending insurance changeover requirements.

3. Submit specific warranties, workmanship bonds, maintenance service agreements,final certifications, and similar documents.

4. Prepare and submit Project Record Documents, Final Completion constructionphotographs, As-built drawings, corrected shop drawings, and similar final recordinformation.

B. Inspection: Submit a written request for inspection for Substantial Completion. On receiptof request, Designers, Owner, Owner’s Rep will either proceed with inspection or notifyContractor of unfulfilled requirements. Designers will prepare the Certificate of SubstantialCompletion after inspection or will notify Contractor of items, either on Contractor's list oradditional items identified by Designers, Owner, Owner’s Rep, that must be completed orcorrected before certificate will be issued.

1. Re-inspection: Request re-inspection when the Work identified in previousinspections as incomplete is completed or corrected.

2. Results of completed inspection will form the basis of requirements for FinalCompletion.

1.4 FINAL COMPLETION

A. Preliminary Procedures: Before requesting final inspection for determining date of Final


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Completion, complete the following:

1. Submit a final Application for Payment according to Division 1 Section "PaymentProcedures."

2. Submit certified copy of Designers's Substantial Completion inspection list of itemsto be completed or corrected (punch list), endorsed and dated by Designers. Thecertified copy of the list shall state that each item has been completed or otherwiseresolved for acceptance.

3. Submit evidence of final, continuing insurance coverage complying with insurancerequirements.

4. Final Completion must be achieved within 30 calendar days of SubstantialCompletion.

B. Inspection: Submit a written request for final inspection for acceptance. On receipt ofrequest, Designers, Owner, Owner’s Rep will either proceed with inspection or notifyContractor of unfulfilled requirements. Designers will accept for review, a final Certificate forPayment after inspection or will notify Contractor of construction that must be completed orcorrected before certificate will be issued.

1. Reinspection: Request reinspection when the Work identified in previousinspections as incomplete is completed or corrected.

1.5 LIST OF INCOMPLETE ITEMS (PUNCH LIST)

A. Preparation: Submit three copies of list. Include name and identification of each space andarea affected by construction operations for incomplete items and items needing correctionincluding, if necessary, areas disturbed by Contractor that are outside the limits ofconstruction.

1.6 PROJECT RECORD DOCUMENTS

A. General: Do not use Project Record Documents for construction purposes. Protect ProjectRecord Documents from deterioration and loss. Provide access to Project RecordDocuments for Designers, Owner, Owner’s Rep reference during normal working hours.

B. Record Drawings: Maintain and submit one set of black-line white prints of ContractDrawings and Shop Drawings.

1. Mark Record Prints to show the actual installation where installation varies from thatshown originally. Require individual or entity who obtained record data, whetherindividual or entity is Installer, subcontractor, or similar entity, to prepare themarked-up Record Prints.

a. Give particular attention to information on concealed elements that cannotbe readily identified and recorded later.

b. Accurately record information in an understandable drawing technique.

c. Record data as soon as possible after obtaining it. Record and check themarkup before enclosing concealed installations.

d. Mark Contract Drawings or Shop Drawings, whichever is most capable ofshowing actual physical conditions, completely and accurately. Where ShopDrawings are marked, show cross-reference on Contract Drawings.

2. Mark record sets with erasable, red-colored pencil. Use other colors to distinguishbetween changes for different categories of the Work at the same location.


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3. Mark important additional information that was either shown schematically or omittedfrom original Drawings.

4. Note Construction Change Directive numbers, Change Order numbers, alternatenumbers, and similar identification where applicable.

5. Identify and date each Record Drawing; include the designation "PROJECTRECORD DRAWING" in a prominent location. Organize into manageable sets; bindeach set with durable paper cover sheets. Include identification on cover sheets.

C. Record Specifications: Submit one copy of Project's Specifications, including addenda andcontract modifications. Mark copy to indicate the actual product installation where installationvaries from that indicated in Specifications, addenda, and contract modifications.

1. Give particular attention to information on concealed products and installations thatcannot be readily identified and recorded later.

2. Mark copy with the proprietary name and model number of products, materials, andequipment furnished, including substitutions and product options selected.

3. Note related Change Orders, Record Drawings, and Product Data, where applicable.

D. Record Product Data: Submit one copy of each Product Data submittal. Mark one set toindicate the actual product installation where installation varies substantially from thatindicated in Product Data.

1. Give particular attention to information on concealed products and installations thatcannot be readily identified and recorded later.

2. Include significant changes in the product delivered to Project site and changes inmanufacturer's written instructions for installation.

3. Note related Change Orders, Record Drawings, and Record Specifications, whereapplicable.

E. Miscellaneous Record Submittals: Assemble miscellaneous records required by otherSpecification Sections for miscellaneous record keeping and submittal in connection withactual performance of the Work. Bind or file miscellaneous records and identify each, readyfor continued use and reference.

F. Provide 3 hard copies, and 1 electronic copy in Portable Document Format (PDF), of allcloseout documents to Designers for distribution to Owner. This includes O & M Manuals,Project Documents, As-Built Drawings, Approvals, Certificates, and all warranty information. PDF is to be verified as fully searchable and Indexed by spec section number, or by plansection and page number for drawings, and the index shall be fully linked with the documentpages.

1.7 WARRANTIES

A. Submittal Time: Submit written warranties on request of Designers for designated portionsof the Work where commencement of warranties other than date of Substantial Completionis indicated.

B. Organize warranty documents into an orderly sequence based on the table of contents of theProject Manual.

1. See Section 01 78 36 for warranty submittals.


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2. Submit each warranty in a binder with the typed or printed title "WARRANTIES,"Project title or name, and name of the Contractor.

3. When warranted construction requires operation and maintenance manuals, provideO&M manual copies with each required warranty.

C. Instructions for warranties

1. Please make sure the following conditions are adhered to:

• All warranties must be made out to the owner, (i.e. Guilford County Schools)and contain the pro-ject name and address.

• All warranties must have proof of authenticity. Contractor and installerwarranties must be signed originals specifying project, owner and warrantyperiod commencing from the date of sub-stantial completion. Thedocument can state “from substantial completion” or give the actualarchitect certified date. Either of the following is considered acceptable formanufacturers’ warran-ties: An original manufacturer warranty with nameof project, owner and date of substantial completion, a manufacturerwarranty accompanied by an original letter from the manufacturer bearingoriginal or electronic signatures of manufacturer, certifying the authenticityof the manufacturer’s standard warranty naming project, school, and dateof substantial completion; a manufacturer’s warranty accompanied by amanufacturer’s agent original signed letter certifying the authenticity andnaming project, owner and date of substantial completion. A manufacturer’sagent certification will only be considered acceptable if it is accompanied bya signed letter from the manufacturer verifying the agent has Power ofAttorney or specific authority to authenticate the manufacturer’s warranty as“project specific”.

• Check that warranties include labor where specified.

• The commencement date for all warranties is the date of substantialcompletion. This date shall be listed on the warranty or shall say “from thedate of declared substantial completion”. A manufacturer’s warranty onequipment shall always cover the gap from early start up to the date ofsubstantial completion. This is a part of the contract and a cost of the work.

• Warranties cannot contain conditional clauses (such as “this warranty is notor shall not become effective until the contractor has been paid in full”).

• Warranty documents shall include copies of all manufacturer inspectionsmade during the project.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or forthe roof surface to be cleaned. Do not use cleaning agents that are potentially hazardous tohealth or property or that might damage finished surfaces.


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PART 3 - EXECUTION

3.1 FINAL CLEANING

A. General: Provide final cleaning. Final Cleaning is the responsibility of the Contractor. Conduct cleaning and waste-removal operations to comply with local laws and ordinancesand Federal and local environmental and antipollution regulations.

B. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debrisor excess materials on Guilford County Schools' property. Do not discharge volatile, harmful,or dangerous materials into drainage systems. Remove waste materials from Project siteand dispose of lawfully.



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SECTION - 01 77 19 - CLOSEOUT DOCUMENT REQUIREMENTS

PART 1 - GENERAL


A. Drawings and general provisions of the Contract, including General andSupplementary Conditions and other Division 1 Specification Sections, apply to thisSection.

B. Project Close Out (Section 01 77 00)

C. Warranties (Section 01 78 36)

1.2 FORM TO BE SUBMITTED

[Insert Date]

Dudley High School Auxiliary Gym Bldg

Contractor: [Insert Contractor]

Substantial Completion Date: [Insert Substantial Completion Date]

The following documents must be completed and submitted by each prime contractor. Documentsshall be submitted to the Engineer with this (completed) checklist attached. The Engineer mustreceive all documents before the Contractor’s Final Application for Payment can be reviewed andsubmitted for payment..

1. *Final Application for Payment (with Continuation Sheets & Tax Reports)

2. *Executed Certificate of substantial Completion with punch list attached.

3. *Contractor’s Affidavit of Payment of Debts and Claims (fully executed – AIA Form G706)

4. *Contractor’s Affidavit of Release of Liens (fully executed – AIA Form G 706A)

5. *Release of liens by subcontractors and/or vendors (fully executed – when required)

6. *Consent of Surety to Final Payment (AIA G707)

7. MEMBRANE MANUFACTURER'S "STATEMENT OF REVIEW”

8. Contractor’s Two-Year Warranty (notarized)

9. Warranty - original warranties for specific items (roofing membrane, insulation, etc.)

10. Certification letter from Contractor stating that no asbestos containing materials were used.

11. Final list of all subcontractors with names, addresses, and phone numbers

12. Record Drawings and cover letter indicating that they have been reviewed and are as accurateand complete as possible.

13. Documents identified in Section 01 77 00 required in the Close-out binder, including copiesof submittals, shop drawings, project specifications, ec.


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* Provide directly to Engineer with final request for payment.All remaining items shall be submitted in the project close-out binders as defined in Section 01 77 00 and 01 7836. Minimum of 3 copies each.

Contractor’s Signature Date

Architect/Engineer’s Signature Date

GCS Close-out Manager’s Signature Date

01 78 36-1 Auxiliary Gym Roof Replacement

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SECTION - 01 78 36 - WARRANTIES

PART 1 - GENERAL



1.2 SUMMARY

A. This Section includes administrative and procedural requirements for warranties required bythe Contract Documents, including manufacturers’ standard warranties on products and specialwarranties.

1. Refer to the General Conditions for terms of the Contractor's period for correction ofthe Work.

B. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warrantiesdo not relieve the Contractor of the warranty on the Work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers,manufacturers, and subcontractors required to countersign special warranties with theContractor.

1.3 DEFINITIONS

A. Standard product warranties are preprinted written warranties published by individualmanufacturers for particular products and are specifically endorsed by the manufacturer to theOwner.

B. Special warranties are written warranties required by or incorporated in the ContractDocuments, either to extend time limits provided by standard warranties or to provide greaterrights for the Owner.

1.4 WARRANTY REQUIREMENTS

A. Related Damages and Losses: When correcting failed or damaged warranted construction,remove and replace construction that has been damaged as a result of such failure or must beremoved and replaced to provide access for correction of warranted construction.

B. Reinstatement of Warranty: When Work covered by a warranty has failed and been correctedby replacement or rebuilding, reinstate the warranty by written endorsement. The reinstatedwarranty shall be equal to the original warranty with an equitable adjustment for depreciation.

C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replaceor rebuild the Work to an acceptable condition complying with requirements of the ContractDocuments. The Contractor is responsible for the cost of replacing or rebuilding defective workregardless of whether the Owner has benefited from use of the Work through a portion of itsanticipated useful service life.

D. Owner's Recourse: Expressed warranties made to the Owner are in addition to impliedwarranties and shall not limit the duties, obligations, rights, and remedies otherwise availableunder the law. Expressed warranty periods shall not be interpreted as limitations on the timein which the Owner can enforce such other duties, obligations, rights, or remedies.

1. Rejection of Warranties: The Owner reserves the right to reject warranties and to limitselection to products with warranties not in conflict with requirements of the ContractDocuments.


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E. Where the Contract Documents require a special warranty, or similar commitment on the Workor part of the Work, the Owner reserves the right to refuse to accept the Work, until theContractor presents evidence that entities required to countersign such commitments arewilling to do so.

1.5 SUBMITTALS

A. Submit written warranties as hard copies, as well as in Portable Document Format (PDF) to theDesigner prior to the date certified for Substantial Completion. If the Designer 's Certificate ofSubstantial Completion designates a commencement date for warranties other than the dateof Substantial Completion for the Work, submit revised written warranties upon request of theDesigner. Note that the warranty period does not commence until Certificate of SubstantialCompletion has been issued for the project.

B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor,supplier or manufacturer to execute a special warranty, prepare a written document thatcontains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through the Designer, for approval prior to final execution.

1. Refer to Divisions 2 through 7 for specific content requirements and particularrequirements for submitting special warranties.

C. Instructions for Warranties

1. The contractor will prepare 3 identical Warranty binders.

2. Provide following information on the cover of each manual:

Name of School or ProjectName of the Manual, i.e., Warranty Manual.Contractor’s NameName of DesignerDate of substantial completion

3. Please make sure the following conditions are adhered to:

• All warranties must be made out to the owner, (i.e. Guilford County Schools)and contain the project name and address.

• All warranties must have proof of authenticity. Contractor and installerwarranties must be signed originals specifying project, owner and warrantyperiod commencing from the date of substantial completion. The documentcan state “from substantial completion” or give the actual architect certifieddate. Either of the following is considered acceptable for manufacturers’warranties: An original manufacturer warranty with name of project, ownerand date of substantial completion, a manufacturer warranty accompanied byan original letter from the manufacturer bearing original or electronicsignatures of manufacturer, certifying the authenticity of the manufacturer’sstandard warranty naming project, school, and date of substantial completion;a manufacturer’s warranty accompanied by a manufacturer’s agent originalsigned letter certifying the authenticity and naming project, owner and date ofsubstantial completion. A manufacturer’s agent certification will only beconsidered acceptable if it is accompanied by a signed letter from themanufacturer verifying the agent has Power of Attorney or specific authorityto authenticate the manufacturer’s warranty as “project specific”.

• Check that warranties include labor where specified.


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• The contractor’s corporate seal (if a corporation) is required on Section 01 7836 warranties.

• The commencement date for all warranties is the date of substantialcompletion. This date shall be listed on the warranty or shall say “from thedate of declared substantial completion”.

• Warranties cannot contain conditional clauses (such as “this warranty is notor shall not become effective until the contractor has been paid in full”).

4. Warranty documents shall include copies of all manufacturer inspections made during

the project.

1.6 ROOFING SYSTEM WARRANTIES

A. Roofing Material Manufacturer shall provide written guarantee covering defects in design andmanufacture of materials, and workmanship for a period of twenty (20) years after the date offinal acceptance. Roofing Material Manufacturer shall promptly repair or replace defective workreported within this period, at no cost to Owner. Leaks occurring during normal weatherconditions, excluding tornado, lightning, hailstorm and defined acts of negligence, shall bedeemed conclusive evidence of faulty design, materials, and/or workmanship.

B. Corrective action required by this guarantee is not limited to repair of leaks, but also includesthe following:

1. Repair or replacement where work is obviously defective even though leaks may nothave occurred, such as, but not limited to loose or cracked flashings or roofing sheets,membrane side and end laps that are not sealed completely, Inter-ply delaminationof multi-ply membrane systems, regardless of water infiltration into the interior of thebuilding shall be repaired under warranty.

2. abnormal deterioration and discoloration in excess of normal weathering and aging.

3. Tie in of the flashing membrane to sheet metal sleeves and other metal componentswhere the watertight integrity of the roof system will be compromised if bond is lost.

4. Tie-in of membrane flashing to the roof drain ring if the metal ring is not damaged orbroken.

C. Within 48 hours of receiving notification of roof leaks, weather permitting, Roofing MaterialsManufacturer shall begin repair or replacement work as required to bring roof to a leak-freecondition and maintain warranty. When weather or other conditions do not permit such workto be accomplished immediately, the Roofing Materials Manufacturer shall provide temporaryprotection as required to prevent water damage to buildings and contents. Temporarymeasures, that have been implemented after consultation with the Membrane Manufacturer,may be employed by the Owner to protect his property and shall not void this guarantee nor inany way reduce obligations imposed upon Roofing Materials Manufacturer by this guarantee. Costs associated with temporary protection employed by the Owner shall be reimbursed by theMembrane Manufacturer if leaks are determined to be a direct result of faulty workmanship orfaulty materials.

D. The Owner agrees to notify the Manufacturer of major alterations to the roof in advance of theactual construction. Major alternations are defined as cutting and removal of the warrantedmembrane. Minor alterations, such as adding or deleting individual roof features that requireflashing such as pipe vents or pitch pockets, will be executed by an approved roofing contractorof the Membrane Manufacturer at any time without prior notification. The MembraneManufacturer will be notified within thirty days of such activity and the Manufacturer will beresponsible for scheduling of inspection of workmanship and materials. Cost of inspection, upto a maximum of $400.00, will be borne by the Owner.


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E. The Membrane Manufacturer shall be responsible for providing technical representation for theproject to ensure that installation of the roofing system is in accordance with manufacturer'srequirements. Proper installation is the responsibility of the membrane manufacturer and notthe Owner. Any deficiencies found previous to issuance of the warranty are the responsibilityof the Roofing Contractor.

F. Manufacturer's warranty shall specifically define all terminology such as negligent acts ofmaintenance, windstorm, hail, and chemical compatibility.

G. Additionally, the Roofing Contractor shall warrant all work covered under this Contract toremain free from any water penetration and physical defects caused by defective workmanshipfor a period of two (2) years from date of substantial completion.

F. The Contractor shall make the Owner, at time of bid, aware of any performance agreementoffered by any material manufacturer. The Roofing Contractor's warranty shall neither replacenor negate any agreement furnished by the Manufacturer. The cost of such manufacturer'sagreement shall be included in the base bid. Notify Owner of warranty terms under whichwarranty can be extended at the end of the initial ten year term.

H. If during the warranty period, the membrane manufacturer dispatches a roofer deemed by themanufacturer to be qualified to make the required roof repairs, the manufacturer shall acceptthe roofer’s workmanship as his own, regardless of whether the repairs are to the standardsof the manufacturer. Poor workmanship by the repair contractor does not alleviate themanufacturer from all responsibilities stated in the warranty requirements and to provide repairsto the water intrusion.

1.7 MEMBRANE MANUFACTURER'S “STATEMENT OF REVIEW”

A. Provide, on manufacturer's letterhead, the following statement:

1. The Manufacturer who is issuing the warranty has reviewed the Contract Drawings andSpecifications for the referenced project.

2. The Manufacturer has reviewed warranty requirements contained therein.

3. The Manufacturer has reviewed the shop drawings and product data submittals thatwere prepared by the Roofing Contractor and that were submitted for approval for theproject.

4. The Manufacturer has provided periodic inspection during the project and observed theinstaller’s materials and methods of installation, and have found them to be incompliance with the project specification and drawings, unless noted below.

5. Conflicts with or exceptions to the above are as follows (if none, insert "none")

6. The statement of review shall provide the name of the field inspector as well as thesigned/printed signature of the senior representative of the Manufacturer’s technicaldepartment. At the conclusion of the project, a copy of all inspection reports shall besubmitted with the warranty.

7. Manufacturer is to provide written letter confirming items 1 and 2 above have beencompleted within 2 weeks of the signing of contracts by the Roofing Contractor.


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SECTION 02 07 10 - SELECTIVE DEMOLITION FOR ROOFING

PART 1 - GENERAL

1.1 SECTION INCLUDES:

1. Removal and disposal of existing single-ply roofing membrane and woodfiber overlaymentboard. Membrane base flashings are to be removed to allow new flashing to seal tight toparapet walls. Existing BUR membrane and insulation shall be left in place.

2. Removal and disposal of any wet, rotten, warped, deteriorated or otherwise damaged woodnailers, blocking, sheathing, etc.

3. Removal and disposal of designated existing sheet metal edging, coping metal, penetrationflashing, counterflashing, etc.

4. All work shall comply with requirements of the general conditions, "Construction Facilities andTemporary Controls".

5. Protection of existing facilities, furnishings, plantings, etc. during all operations.

6. Existing wood nailers on the exterior walls are to be resecured with 5/16" diameter Tapcons at16" oc. Existing masonry nails to remain in place.

1.2 QUALITY ASSURANCE

A. Comply with all OSHA/EPA regulations, Guilford County requirements, and the local landfillfacility requirements for removal of roofing materials.

PART 2 - PRODUCTS

2.1 MATERIALS:

A. Fasteners:

1. All fasteners used for tear-off only shall be corrosion-resistant, fluorocarbon-coatedsteel unless otherwise noted. The use of stainless steel or hot-dipped galvanized steelfasteners are required for attachment to treated wood.

2. Wood Nailers/Plywood to Concrete: 5/16" hot-dipped galvanized tapcons.

3. Wood Nailer to Exist Wood: #12 stainless-steel screw, long-life coated.

4. Wood Nailer/Plywood to Masonry: 1/4" zamac nailins.

5. Fasteners shall comply with FM 4470 for corrosion-resistance where applicable.

6. The use of plastic nailins for pressure/termination bar attachment to masonry orconcrete is acceptable for work of this section if required for temporary protection only.

PART 3 - EXECUTION

3.1 Limit size of work sections to safeguard adjacent materials, structures, etc. and to minimize dust andnoise.


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A. No tear-off of materials shall begin after 1:00 pm. unless approved by the Designer.

B. Weather limitations for tear-off operations are as follows:

1. Tear-off operations over interior areas may begin when weather forecast is for 30%chance of rain or less for the day of tear-off operations. When forecast is for 30%chance of thunderstorms in afternoon, Contractor shall contact Designer prior tobeginning operations of this Section. Source for weather forecasts shall be TheWeather Channel.

C. Scheduling of all tear-off operations shall be closely coordinated with the Designer and theOwner's Representative to insure proper interior protection is in place prior to beginning work.

3.2 Protect existing facilities from damage during work. Do not overload existing paving, curbs, sidewalk,etc. or new or existing construction with demolition debris, equipment, vehicles, containers, etc. Provide canvas tarps at all hoisting points to protect walls.

A. Set-up areas for removal of debris shall be designated by the Owner.

B. Refer to General Conditions for additional requirements for protection of facilities.

C. Contractor shall comply with OSHA 1926.26 regulations for handling and disposal of materialswith lead paint.

3.3 Construct a disposal chute to avoid damage to the building or grounds. A disposal chute shall beerected in locations acceptable to the Designer and the Owner's Representative. Excessive dust, asdetermined by the Owner and/or OSHA regulations, generated by demolition shall not be acceptable.

3.4 Damage due to demolition operations shall be repaired at the Contractor's expense.

3.5 Demolition adjacent to areas to remain shall be performed in a neat manner with straight lines tofacilitate tie-ins of replacement materials. Excessive demolition, as determined by the Designer, shallbe replaced with similar and equal materials at Contractor's expense.

3.6 Demolition shall be performed by personnel familiar with the repair of materials being removed. Provide safety equipment for fall protection on all roof areas without parapet walls.

3.7 Contractor shall furnish necessary temporary protection from weather at all areas of demolition toprotect interior of building from elements of weather at all times. The Contractor shall be responsiblefor notifying the Owner of areas of intended work so as to assure proper scheduling of interior protectionwork.

3.8 Due to unacceptable risk of water-intrusion during the execution of the Project, the Contractor shall:

A. Continuously monitor all areas of demolition to insure that at no time is more area exposed thancan be made completely watertight prior to water intrusion due to sudden rains, discharge waterdue to roofing operations, damage caused by the Contractor to existing process piping, pondingwater or water existing within the roofing system.

B. At all times maintain an experienced crew in sufficient number with readily available materialsto insure the above. At no time leave exposed areas unattended without making watertightrepairs.

C. Provide continuous and effective protection of building contents from water or debris by use ofacceptable sheet membrane materials and methods during work under the scope of thisContract. Coordinate these activities with the Designers and the Owner's Representative.


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3.9 Temporary Tie-Offs:

A. Prior to any removal of materials, determine the extent and region of work. Do not removemore metal panels than appropriate for weather conditions and completion of watertight tie-offat end of work day.

B. Materials used for temporary tie-offs shall be terminated at an elevation above the elevationof the finish detail.

C. After removal of sheet metal flashing and counterflashing, the Contractor shall providetemporary flashing/tie-offs at expansion joints, equipment curbs, or at perimeter walls that shallbe made watertight. Do not attempt to make joints in membrane watertight with glues.

1. Terminations of temporary flashings at walls shall be made watertight with eitherpressure bars and sealants or with urethane foam. Use of visqueen is unacceptable.

D. All tie-offs shall be completed at the end of each day's work.

END OF SECTION

06 10 20 -1Athletic Building Roof Replacement

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SECTION - 06 10 20 - ROUGH CARPENTRY FOR ROOFING

PART 1 - GENERAL


A. Drawings and general provisions of the Contract, including General and SupplementaryConditions and Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY:

A. Provide and install all rough carpentry for roofing as shown on Drawings, as specified hereinand as required to complete work under this contract.

B. Provide and install all wood blocking, nailers etc. for roofing as shown on Drawings asspecified herein and as required by the Manufacturer of the new roofing membrane.

C. Wood used for roofing applications shall not be treated.

1.3 RELATED SECTIONS:

A. Thermoplastic Membrane Roofing Systems (Section 07 52 35).

B. Metal flashing and trim for Roofing (Section 07 62 00).

1.4 QUALITY ASSURANCE:

A. References: Some products and execution are specified in this Section by reference topublished specifications or standards of the following (with respective abbreviations used).

American Institute of Timber Construction (AITC)American Society for Testing & Materials (ASTM)American Plywood Assn. (APA)American Wood Preservative Assoc. (AWPA)North Carolina State Building Code (NCSBC)Underwriters' Laboratories (UL)

B. Submittals:

1. Certificates: Submit written certificates from processor of fire retardant andpreservative treatments, stating type of treatment, Manufacturer of treating material,degree of treatment of wood members processed for this Project. Certificate shallbe signed by an officer of the company.

2. Product Data: Submit Manufacturer's printed physical and performance data onproducts specified herein. Data shall be marked to indicate options and choicesproposed for use on Project.

3. Fasteners: Submit list of fasteners for use with work of this section. Providetechnical data for each fastener including load capacity table for fasteners forspecific material into which it will be attached.

C. Grade Marks: All lumber inclusive of structural framing members, plywood sheathing,flooring and diaphragms) shall bear and be identified by the appropriate grade mark specifiedherein and/or as shown on Drawings in accordance with NCSBC.


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1.5 DELIVERY, STORAGE AND HANDLING:

A. Materials delivered to Site in a wet condition shall be rejected and removed off of Owner'sproperty.

B. Stack lumber to insure proper ventilation and drainage. Protect lumber from the elements.

C. Store in a manner that will prevent warpage. Do not store on roof areas subject to pondingwater.

D. Do not store lumber on the new roofing membrane or adjacent roof areas without adequateprotection to the membrane and flashings.

1.6 JOB CONDITIONS:

A. Time delivery and installation of carpentry to avoid delaying other operations whose work isdependent on or affected by the carpentry work, and to comply with protection and storagerequirements.

B. Protect installed carpentry from damage due to other work activities and weather.

PART 2 - PRODUCTS

2.1 MATERIALS:

A. Moisture Content: Solid wood, preservative treated, shall be kiln-dried to an amount not toexceed 19%.

B. Grade and Trademark: Grade and trademark shall be on each piece of lumber (or bundlein bundled stock). Use only recognized official marks of Association under whose rules it isgraded.

C. Quality: Lumber shall be sound, thoroughly seasoned, well manufactured, and free from warpthat cannot be corrected in process of bridging, bolting, or nailing. Lumber shall comply withPS-20 and shall be identified with grade mark.

D. Grades and Species of Solid Wood: Blocking & nailers shall be No. 2 Southern Yellow Pine,unless otherwise noted on Drawings.

E. Plywood:

1. Plywood shall meet the requirements of U. S. Product Standard PS-1/ANSI A199.1. Plywood shall be identified with Trademark of American Plywood Association.

2. Plywood shall be APA Structural I rated sheathing, Exposure I or better, and markedPS-1.

2.2 ACCESSORIES:

A. Nails: Shall be hot-dipped, galvanized, aluminum, or stainless steel nails, size as required byconstruction. Provide neoprene or EPDM washers for fasteners exposed at the completionof Project. Plated galvanized or zinc-plated nails are not acceptable. Hot-dipped galvanizingshall conform to ASTM A153. Stainless steel shall be grade 304 or 316.

1. For Securing to Wood Nailers: 11 oz., 12 ga., annular ring-shank, minimum 7/16"diam. head, hot-dipped galvanized.


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B. Fasteners:

1. All fasteners shall be corrosion-resistant, fluorocarbon-coated steel unless otherwisenoted. The use of hot-dipped galvanized steel fasteners may be acceptable ifapproved in writing by the Project Engineer. Fasteners shall comply with FM 4470for corrosion-resistance.

2. Wood Nailers/Plywood to Concrete: Rawl-Spike as mfd. by Rawplug Co., Inc. orOlympic Spike as manufactured by Olympic.

3. Wood Nailer to Exist Wood: #12 or #14 stainless steel screw.

4. Wood Nailer/Plywood to Masonry: Tapcon removable and self-threading.manufactured from 410 stainless steel (Hot-dipped galvanized or stainless steel). Min diameter to be 5/16".

5. Expansion Anchors: Anchor bolt and sleeve assembly of material indicated belowwith capability to sustain, without failure, a load equal to 6 times the load imposedwhen installed in unit masonry assemblies and equal to 4 times the load imposedwhen installed in concrete as determined by testing per ASTM E 488 conducted bya qualified independent testing and inspecting agency.

a. Material: Stainless steel with bolts and nuts complying with ASTM F 593 andASTM F 594, Alloy Group 1 or 2 (ASTM F 738M and ASTM F 836M,Grade A1 or A4).

PART 3 - EXECUTION

3.1 EXAMINATION:

A. Contractor must examine the substrates and supporting structure and the conditions underwhich the carpentry work is to be installed. Notify the Project Manager in writing of conditionsdetrimental to the work. Do not proceed with the installation until unsatisfactory conditionshave been corrected.

B. Discard units of material which are unsound, warped, bowed, twisted, improperly treated, notadequately seasoned or too small to fabricate the work with a minimum of joints or theoptimum jointing arrangement.

C. Do not begin work until all fasteners have been approved by the Designer. Approval will bemade only after submittal of samples and product data sheets.

D. Use of pneumatic-powered nailers shall be only with written approval of the Designer.

3.2 INSTALLATION:

A. General:

1. All workers installing fasteners shall wear nail-aprons during execution of work of thisSection. Minimize fasteners outside of factory-packaging laying on roof deck orother surfaces which could damage to the roofing system.

2. Fit carpentry work to other work. Scribe and cope as required for accurate fit. Setcarpentry work accurately to required levels and lines with members plumb and true.

3. Securely attach carpentry work to substrates by anchoring and fastening as specifiedand as required by applicable building codes. Securement shall be in compliancewith printed FM 1-49 requirements.


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a. Provide washers under bolt heads and nuts in contact with wood.

b. Countersink fastener heads where required to prevent damage to roofingmembrane or for proper fit of adjacent materials.

c. All fasteners left exposed at the completion of the work shall be stainlesssteel and have neoprene or EPDM gaskets.

4. Fasteners: Make tight connections between members. Install fasteners withoutsplitting of wood; pre-drill as required. Tighten bolts and screws at installation andre-tighten as required for tight connections prior to closing in or at completion ofwork.

5. Clean up work area on a daily basis. Do not leave fasteners on roof surfaces, clean-up immediately.

6. Wood in direct contact with concrete or lightweight-insulating-concrete deck shallbe treated.

7. Wood above the level of the roof and under coping metal that is protected bywaterproofing membranes shall not be treated.

B. Blocking, Nailers, Framing and Curbs:

1. New wood members shall be installed at all roof perimeters, walls, curbs, and similarpenetrations. All fasteners into treated wood shall be stainless steel.

2. Nailers shall be anchored to resist a minimum force of 250 pounds per lineal foot in any direction. Individual nailer lengths shall not be less than 3 feet long. Nailerfastener spacing shall be at 12 inches on center or 16 inches ( on center if necessaryto match the structural framing. Fasteners shall be staggered 1/3 the nailer widthand installed within 4 inches of each end. Nailer attachment shall meetspecifications and the current Factory Mutual Loss Prevention Data Sheet 1-49.

3. Thickness shall be as required to match substrate or insulation height to allow asmooth transition. Minimum thickness of nailers is 1.5" Wood nailers, blocking,cants, etc., shall be chamfered, beveled, shaved, planed, or shimmed as necessaryto provide smooth transition to adjacent materials. New wood shims, where usedfor providing transition to insulation, shall be pressure treated.

4. Install new nailers with 1/4 inch gap between each length. Plywood shall have 1/8"gap between adjacent sheets of material.

5. Pre-drilling of fastener holes will be required for installation of nailers over anyconcrete surface.

6. Install all fasteners in a manner that the potential for backing-out is minimized.

7. Add additional fasteners to the existing perimeter nailers prior to installing newnailers. Space additional fasteners at 16" oc max.


07 22 50-1Athletic Bldg Roof Replacement

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SECTION 07 22 50 - THERMAL ROOF DECK INSULATION SYSTEM

PART 1 - GENERAL


A. Provide and install thermal roof insulation board system over existing built-up roofingmembrane assemblyas shown on Drawings, and as specified herein.


A. Rough carpentry for roofing (Section 06 10 20).

B. Thermoplastic Sheet Membrane Roofing membrane (Section 07 52 35).

1.3 SYSTEM DESCRIPTION:

A. Insulation system shall consist of polyisocyanurate foam board (base layer) placed directly overthe substrate. Thickness of insulation shall be as shown on roof plan.

B. Insulation shall be accepted as part of a UL Class A roofing system.

D. Thermal roof insulation system shall be 1.5" thick.

E. If required for specific roof area, provide drainage saddles composed of tapered isocyanurateboard, sloped to drain, a minimum of 1/4" per foot.

F. System shall be loose-laid.

G. Tapered sumps shall be provided at each primary drain. Sumps shall be a minimum of 48"square and shall be sloped as shown on Drawings.

H. Alternate No. 3, Low Roof: provide tapered insulation drainage saddles/crickets, consisting ofpolyisocyanurate foam board, sloped, a minimum of 1/4" per foot.


A. References: Some products and execution are specified in this Section by reference topublished specifications or standards of the following (with respective abbreviations used).

The American Society for Testing and Materials (ASTM)Underwriters' Laboratories, Inc. (UL)Factory Mutual (FM)

B. Regulatory Agencies:

1. Underwriters' Laboratories, Inc.:

a. Products used in the work of this Section when integrated with the total roofassembly shall meet UL Class A Construction.

C. Qualifications:

1. Manufacturers:

a. Approval of Contractor: Before beginning any part of the work, submit a letterfrom Insulation Manufacturer stating that Contractor has been trained byManufacturer in application of insulation system specified herein; and thatContractor is approved for this work by Manufacturer. Submit on letterheadof company, and signed by an officer of the company, to the Project Designer.

D. Installation of insulation shall be approved by the Roofing Membrane Manufacturer for use withthe specified membrane to achieve agency approvals and requirements of the ContractDocuments.


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E. All layers of the insulation and coverboards are to be staggered with the layer below. Anyinsulation not having proper stagger, in both directions, will be subject to removal andreplacement of the entire assembly in that location.

1.5 SUBMITTALS:

A. All submittals shall be in accordance with Section 01 33 00.

B. Shop Drawings:

1. Use of Contract Drawings reproduced for shop drawings is prohibited.

a. Copying Architectural details and leaving architectural notes on the details isnot a shop drawing and will not be accepted for review. Notes on details shallclearly indicate job-specific materials to be used.

2. Only shop drawings that have been stamped approved by Contractor will be acceptedfor review.

3. Show slopes of tapered insulation from high to low points, including any requiredcrickets, and sumps. Show complete tapered layout of boards. Show markings onboards to coincide with layout.

C. Sample:

1. Submit samples of insulation base layer, surface layer, cant strip, and tapered system,not less than 1'-0" square. Sample shall be of material thickness and constructionrequired in Contract Documents.

2. Submit samples of mechanical fasteners (screws and plates) in size, shape and lengthto be used on Project.

D. Product Data:

1. Submit Manufacturer's printed data on physical and performance characteristics ofmaterials and systems for work of this Section.

2. Provide technical data sheets on the insulation boards and adhesives. Submit FMapprovals

a. Submit detailed information on use, including storage, handling, applicationtemperatures, etc.

E. Manufacturer's Data for Use in Construction Administration: Submit Manufacturer's printedinstallation instructions for materials and systems for work of this Section.

1.6 DELIVERY, STORAGE, AND HANDLING:

A. Coordinate storage locations with Project Designer.

B. Delivery: Deliver materials in original, unopened packages or bundles, bearing brand name ofManufacturer, clearly marked with letter-number designations identifying contents as to size,type, physical and performance characteristics.

C. Storage: Store materials in a dry place, under cover. Store in a manner to preventdeterioration or intrusion of foreign materials. Store off of ground, protected with waterprooftarps. Factory- applied wrapping is not acceptable as the sole means of protection.

D. Polyisocyanurate foam boards shall be protected from ultraviolet light at all times prior toinstallation. Cover with light-colored, opaque tarp for protection.

E. Materials on roof shall be stored in a safe manner so as not to exceed allowable roof loads ofthe storage area.

F. Materials that are damaged in any way or indicate moisture content above equilibrium shall berejected as unacceptable. Ensure adequate ventilation to prevent condensation.


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PART 2 - PRODUCTS

2.1 MATERIALS:

A. Thermal Roof Insulation Base Layer:

1. Insulation shall be homogeneous polyisocyanurate foam board with continuousfiberglass facers on all surfaces meeting or exceeding the following physicalproperties:

Property Test Method/Standard Value

Foam ASTM C578, Type VI Meet or exceed

Comp. Strength ASTM D1621 20 psi min.

R-Value aged at 75N F ASTM C518 R = 5.6/ per inch at 75NF.

Water Vapor Transmission ASTM E96 <1.5 perm. Per inch.

Dimensional Stability ASTM D2126 < 2% linear change

Density ASTM D1622 2.0 lbs./ft3 min.

Foam Flame Spread ASTM E84 25 max.

2. Minimum thickness of board stock shall be 1.5".

3. Board shall meet ASTM C1289, Type II, Class 1, IBC Chapter 26, Section 2603 forFoam Plastic. and FM Class 1 approved.

4. Boards used for base layer shall be 48" x 96".

PART 3 - EXECUTION

3.1 CONDITION OF SURFACES:

A. Surfaces to receive materials shall be clean, smooth, dry, free of loose or weak material,contaminants, foreign matter, or any irregularities which would adversely affect the insulationor its application.

B. Surfaces shall be dry at time of application of insulation. No work shall be done in or with thethreat of inclement weather. Surfaces shall be free of any form of moisture.

C. Do not begin installation of insulation system if roof drains in affected areas are not installedto elevation for proper drainage.

3.2 INSTALLATION OF ROOF INSULATION SYSTEM:

A. Materials shall be placed only by workmen skilled in this type of installation. Installation shallbe in accordance with the Contract Documents and applicable Manufacturer's printedinstallation instructions for such work.

B. Apply all units of insulation with long joints continuous and end joints staggered by half theboard length. Broken boards shall be trimmed with straightedge and replaced with cut to fitboards as required by Project Manager. Multiple layers shall be staggered a minimum of 6"from the layer below.

1. All layers of the insulation and coverboards are to be staggered with the layer below. Any insulation not having proper stagger, in both directions, will be subject to removaland replacement of the entire assembly in that location.

C. Joints in base layer shall be tightly butted. Voids greater than 1/4" in width shall be filled withapproved joint filler. Cut and fit around roof penetrations with straightedge and saw. Voidsgreater than 1/2" in width shall be filled with cut-to-fit pieces of insulation board.


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3.3 CLEANING AND PROTECTION

A. Installed insulation system shall be free of defects, foreign materials and loose boards. Alljoints shall be properly repaired prior to installation of roofing membrane.

B. No heavy construction or repetitive traffic shall be done over new roofing materials once thework of this Section commences.

3.4 CORRECTION OF WORK:

A. Correct deficiencies in insulation where inspections have indicated that work is not incompliance with Contract Documents.

B. Correction of work shall be at no additional expense to Owner and no allowance will be madefor extension of time.

END OF SECTION


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SECTION - 07 52 35 - THERMOPLASTIC SHEET MEMBRANE ROOFING- WIND-VENTED ASSEMBLY

PART 1 - GENERAL


A. Provide and install thermoplastic sheet roofing and all related flashing and accessories asshown on Drawings, and as specified herein.

1.2 SYSTEM DESCRIPTION:

A. Provide a loose-laid, PVC thermoplastic sheet membrane roofing system, including allflashing, and related items necessary to complete the work described in the Specification andas shown on the Details. Membrane sealed to prevent air infiltration at all perimeters,penetrations, and at top of all membrane terminations. Membrane will be secured with wind-vents placed around the perimeter of the building as shown on Drawings.

B. PVC Thermoplastic roofing membrane system shall provide leak-free protection fromelements for the building contents and furnishings.

C. System shall be designed to meet a minimum wind design requirements of the most recentversion of ASCE 7. Membrane system shall be warranted for code required minimum. Securement of the roofing system components for the Project shall meet FM requirementsfor 1-75 wind securement.


A. Roofing Contractor:

1. Submit a copy of the Approved Applicator Agreement between the RoofingContractor and Roofing Membrane Manufacturer.

2. Contractor shall have MSDS sheets for all materials on-site at all times.

1.4 SUBMITTALS:

A. All submittals shall be provided to the Construction Manager as requested for project records.

B. Product Data:

1. Submit Manufacturer's technical and physical data on systems, materials, andproducts required in this Section.

2. Submit Manufacturer's technical data on fasteners used in this Section, stating loadcapacities of each type used on Project.

C. Manufacturer's Data For Use In Construction Administration:

1. Submit Manufacturer's printed instructions for installation of roofing membrane, andrelated accessories.

D. Shop Drawings:

1. Use of Contract Drawings or manufacturer's printed standard details reproduced forshop drawings is prohibited.


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a. Copying Architectural details and leaving architectural notes on the detailsis not a shop drawing and will not be accepted for review. Notes on detailsshall clearly indicate job-specific materials to be used.

2. Show complete roof layout and orientation of membrane. Show all required flashinglayouts and types (such as edge metal, coping, pipe supports, etc.)

3. Show nailers and blocking required to be furnished for securing work of this Section.

4. Provide roof plan showing all roof areas, sections marks for details, expansion jointlocations, and placement of wind-vents.

4. Shop Drawings shall be reviewed and approved by the membrane manufacturerprior to submitting for Project Designer’s review. Manufacturer’s stamp and reviewcomments shall be left on drawings that are submitted for review.

E. Manufacturer's Review of Roofing: Before submittal of shop drawings, submit writtenstatement signed by the Material Manufacturer and Roofing Contractor, stating that thedrawings and specifications for roofing work have been reviewed by a qualifiedrepresentative of the Membrane Manufacturer and that the manufacturer has identified anyissues with the shop drawings or contract drawings that will create concern for issuing ofwarranty.

1. Provide letter indicating that all products to be included in the roofing system areprovided and approved by the manufacturer and qualify for inclusion in the roofingwarranty.


A. Coordinate storage locations with the Owner’s Construction Manager.

B. Materials shall be delivered to Site in original tightly sealed or unopenedcontainers/packages, with each container/package bearing label of Manufacturer.

C. All adhesives shall be stored at temperatures between 40NF and 80NF .

D. All flammable materials shall be stored in a cool, dry, area, away from sparks and openflames.

E. Roofing materials shall not be stored on roof in quantities that will exceed design loads,damage insulation, hinder installation or drainage. Store no more than can be used each dayon roof unless approved by the Construction Manager.

1.6 PROTECTION:

A. The Contractor shall be responsible for guarding against fires and shall provide suitable andadequate fire extinguishers and first aid kits conveniently located at the Site. Competentoperators shall be in attendance at all times any equipment is subject to use.

B. Building walls shall be protected adequately (with tarps, or other suitable material) from soil

or spillage at all hoisting points. Roofing felts shall not be used for this purpose. Contractorshall be responsible to prevent damage from any operation under this contract. Any suchdamage shall be repaired at his expense, to Owner's satisfaction, or be restored to originalcondition.

C. Provide barricades, retaining ropes and any appropriate signage required by OSHA and/orthe Construction Manager.


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1.7 ENVIRONMENTAL CONDITIONS:

A. No application of the sheet membrane roofing shall commence nor proceed during or withthreat of inclement weather.

B. All surfaces to be seamed shall be completely dry and free of condensation, dew, frost orother forms of moisture.

C. Prior to and during application of membrane, all dirt, dust, and debris shall be removed fromsurface.

1.8 PRE-CONSTRUCTION CONFERENCE:

A. Prior to commencing roof installation, a pre-construction roofing conference shall bescheduled at the Site by the Roofing Contractor. The following parties shall be represented:Construction Manager, Roofing Contractor and his Job Superintendent, Project Manager forOwner, Facility Representative, and Owner's Project Designer.

1.9 ROOFING SYSTEM WARRANTIES

A. Roofing Material Manufacturer shall provide written guarantee covering defects in design andmanufacture of materials, and workmanship for a period of twenty (20) years after the dateof final acceptance. Roofing Material Manufacturer shall promptly repair or replace defectivework reported within this period, at no cost to Owner. Leaks occurring during normal weatherconditions, excluding tornado, lightning, hailstorm and defined acts of negligence, shall bedeemed conclusive evidence of faulty design, materials, and/or workmanship.

1. Include a Wind warranty: 100 mph, using ASCE-7, identifying building design,location of Building, type of deck, and other requirements.

B. Additionally, the Roofing Contractor shall warrant all work covered under this Contract toremain free from any water penetration and physical defects caused by defectiveworkmanship for a period of two (2) years from date of substantial completion.

C. The Membrane Manufacturer shall be responsible for providing technical representation forthe project to ensure that installation of the roofing system is in accordance withmanufacturer's requirements and that all materials being used are approved for inclusion inthe warranty. Proper installation is the responsibility of the membrane manufacturer and notthe Owner. Any deficiencies found previous to issuance of the warranty are the responsibilityof the Roofing Contractor.

PART 2 - MATERIALS

2.1 ACCEPTABLE MANUFACTURERS:

A. Products of the following manufacturers that retain physical property values listed in Part 2of this section will be acceptable for use on the Project when approved (in writing) by Owner'sRepresentative.

ERC 60 mil min PVC membrane, Environmental Roofing Components, Ridgeland, SCFibertite 45 mil SM membrane, Seaman, Corp, Wooster, OhioSarnafil 60 mil S327membrane., Canton, MA 02021Soprema 60 mil PVC Sentinel P150HFB, Wadsworth, Ohio 44281

2.2 THERMOPLASTIC SHEET MEMBRANE:

A. Membrane shall be a reinforced PVC thermoplastic roofing membrane.


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B. Membrane shall be rated UL Class A.

C. Basis of Design shall be ERC 60 mil min PVC sheet membrane.

2.3 THERMOPLASTIC FLASHING MATERIAL:

A. Base Flashing and Counterflashing: As specified by Membrane Manufacturer for use withmembrane specified herein.

B. Flashing at Stacks, Vents, and Corners: Prefabricated where possible. Field-fabricate frommaterial specified by Membrane Manufacturer or as approved by Project Engineer.

C. Membrane-coated-metal: min. 24 ga., galvalume, shall be used only where detailed oncontract drawings or when permitted in writing by the Project Engineer. Metal shall befabricated with a one inch cant at all 90N transitions, hem all edges in contact with themembrane, and round all edges. Field-applied membrane-coated-metal is not acceptable.

2.4 THERMOPLASTIC MEMBRANE BONDING AND SEALING ACCESSORIES:

A. Bonding adhesive for flashings, seam sealant, water-cut-off mastic, primers, solvents,temporary sealants and/or other adhesives shall be manufactured or approved in writing byManufacturer of Roofing Membrane for use with materials specified herein.

B. Adhesives for flashings shall be specifically designed for the intended use.

C. Provide butyl tape sheets for installation at all membrane termination to provide air-tight seal.

2.5 FASTENERS (AT MEMBRANE TERMINATIONS):

A. Fasteners anchoring into wood shall be #14 fully-threaded, self-tapping, heavy-duty stainlesssteel screws or as approved by the Membrane Manufacturer and Project Designer.

B. Stainless steel fasteners (ASTM 316 or 304) with 18% chromium and 8% nickel) withneoprene gaskets are required when fastener will be exposed in the final construction.

C. All fasteners into treated wood shall be stainless steel.

D. Anchors into masonry shall be min 1/4" diameter zamac drive-pins with stainless steel pins.

2.6 SHEET RESTRAINT:

A. All termination bars and pressure bars shall be a minimum of 0.100 inch thick aluminum, pre-punched a maximum of 6 inches on centers. All bars shall be straight and true with no sharpedges, corners or projections.

B. Termination bars shall have a caulk lip sufficient to accept and retain required sealants. Pressure bars shall be a channel shape (C) where terminating the main field membranesheet at perimeter. Holes shall be slotted for thermal movement.

C. Termination bars to be provided as part of the manufacturer’s materials supplied for theproject and meet requried warranty requirements..

2.7 VALVES FOR WIND-VENT ASSEMBLY

A. One-Way wind vent valves shall be provided that are approved by the manufacturer. Aluminum vents to be 0.060 aluminum.

1. Basis of Design: ERC one-way wind vents.


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2.7 SEALANTS FOR MEMBRANE SYSTEM:

A. Sealants shall be as specified by material manufacturer,.

PART 3 - EXECUTION

3.1 PREPARATION OF SUBSTRATE:

A. Substrate to receive roofing materials shall be free of abrupt changes in level, and free ofprojections which would damage roofing materials. Verify proper installation of wood nailers,blocking and other rough carpentry. All insulation shall be properly installed.

B. Substrate to receive roofing materials shall be free of contaminants such as, but not limitedto, asphalt, oil, grease, paint, scale and similar materials.

C. All roof penetrations shall be sealed tight to concrete deck prior to installation of insulation.

D. Do not start roofing work until surfaces to be covered are suitable to receive work of thisSection.

3.2 INSTALLATION OF THERMOPLASTIC SHEET MEMBRANE:

A. General Requirements for Application of Roofing Materials:

1. Application of insulation, membrane and flashings shall be accomplished in such away that each area will be complete at end of each day of work. All roof membraneedges and incomplete flashing shall be protected against water migration undercompleted roofing assembly adjacent to work area.

2. Determine the direction of water drainage and the low point of the deck. Theorientation of both end laps and side laps shall be such that the direction of waterflow is over the laps. The direction of the overlap shall be changed as the directionof the water flow changes.

3. The Contractor shall be responsible for the daily inspection and probing of all heat-welded seams incorporated into the roofing system.

4. Should inconsistencies be found in the quality of the welds, all work shall cease untilcorrective actions are taken to insure the consistency of all field welding results inacceptable welded seams upon inspection by the manufacturer.

5. Insulation boards shall be loose-laid on the substrate in parallel rows with end jointsstaggered. Where more than one layer is to be applied, joints in each layer shall be staggered. All joints shall be tight and at the roof perimeter and roof penetrations, insulation shall be cut neatly and fitted to reduce openings to a minimum. Insulationshall be tapered or feathered at drains and scuppers to provide proper drainage.

6. The deck shall be sealed at all penetrations and at the roof perimeter as detailedusing butyl seal tape.

B. Roofing Membrane:

1. Each sheet shall be unrolled, positioned in place, cut and trimmed as necessaryaround roof openings, vent pipes, etc. Allow membrane to relax as recommendedby Manufacturer.


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a. Adjoining rolls shall overlap a minimum of 4 1/2", maintaining properstagger.

2. Roofing membrane shall be loose laid. Valves shall be location shall be as indicatedon drawings In no case shall values be installed without Membrane Manufacturerapproval. Valves shall be installed as roofing proceeds to avoid wind displacementduring installation.

3. At perimeters and curbs, mechanically attach membrane in strict accordance withproject drawings and the Membrane Manufacturer's specification. The following areconsidered minimum attachment requirements.

a. Install additional fastening around perimeter as required to provide an air-tight seal and prevent air infiltration under the field of the roof.

5. All seam areas of membrane shall be cleaned prior to welding. Contaminatedmembrane shall be solvent-cleaned as recommended and approved in writing by theMembrane Manufacturer.

6. Seaming shall be hot-air welded by use of automatic welder. Hand-held welders arenot acceptable for main seams except at termination of sheet and at T-joints. Minimum width of homogeneous field welds is 1.5".

a. Membrane shall be held tight during welding to prevent wrinkles,fishmouths, etc. at seam. Round all edges of end laps prior to welding.

b. All seams including main seams, end seams, splices, patches, flashing, etc.shall be dry, smooth, straight and of correct width prior to joining. Clean asspecified.

c. All seams and non-seamed edges of the sheet, such as top edge offlashing, shall be straight, square and true. Use of a straight edge, chalkline, etc. is required wherever cutting of membrane is required.

d. All hand-welds shall have a min 1" wide solid weld at the edge and a “pre-weld” seal of a min of 2" starting a min of 3" back from edge of seam.

e. Test cuts for main seams shall be made daily, min of 2. Test cuts to bewelded to field membrane and remain in place until membranemanufacturer technical representative reviews them. Test cuts of hand-welds will be required, at random, as determined by the field inspectionsmade by manufacturer.

7. All seams shall be checked after cooling and repaired if required, by the Contractorwithin 24 hours after hot-air welding. Checking of seams shall be accomplished withthe use of a tool manufactured or fabricated for this specific purpose. Ballpoint pens,nails, etc. are not acceptable. Do not leave project site for weekend or otherextended periods of time without thoroughly checking all seams. Daily test cuts arerequired.

8. After initial seam check by the Roofing Contractor, Material Manufacturer'sRepresentative shall also inspect seam.

a. Seams with blisters, fishmouths, wrinkles or other defects are unacceptableand shall be repaired.


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b. Patching and repair of defective seams shall be as directed by MembraneManufacturer and approved by Owner's Representative prior tocommencing corrective work. Minimum patch to be 4" x 4" fully hot-airwelded.

9. Install sheet restraining bars at appropriate locations in accordance with theManufacturer's latest printed instructions and as shown on Details. Bridging orfloating of the membrane at closures is not acceptable. Install with a 1/4" gapbetween ends of each bar.

10. Exposed sheet restraint bars shall be termination bars, with caulk-lip filled solid withsealant full length. Sealant shall be tooled to shed water.

C. Flashing System:

1. Install all membrane flashing system in accordance with Manufacturer's printedrecommendations and as shown on Details.

2. Flashing details for metal-fabrication practices and installation methods shallconform to the applicable requirements Factory Mutual Loss Prevention Data Sheet1-49 (latest issue).

3. Adhesive for Membrane Flashings

a. Over the properly installed and prepared flashing substrate, adhesive shallbe applied according to instructions found on the Product Data Sheet. The adhesive shall be applied in smooth, even coats with no gaps, globs orsimilar inconsistencies. Only an area which can be completely covered inthe same day’s operations shall be flashed. The bonded sheet shall bepressed firmly in place with a hand roller.

b. No adhesive shall be applied in seam areas that are to be welded. Allpanels of membrane shall be applied in the same manner, overlapping theedges of the panels as required by welding techniques.

4. Flashing system shall extend a minimum of 8" above membrane level and aminimum of 4" onto horizontal roof deck surface. Flashings shall be terminated withbutyl seal tape and continuous termination bars.

5. Sheet flashing material shall be welded to main roof sheet prior to welding to thevertical surfaces. Round all exposed edges at end laps and target sheets.

6. Splice or lap shall extend a minimum of 3" beyond protrusion or fasteners whichattach membrane to horizontal nailer. End-lap membrane a minimum of 6".

7. All membrane flashings that exceed 42 inches in height shall receive additionalsecurement.

8. Membrane-clad Metal:

a. Metal shall be installed to provide adequate resistance to bending to allowfor normal thermal expansion and contraction.

b. Metal joints shall be watertight. Vertical legs of edge metal shall be sealedwith butyl tape or sealant.

c. Metal flashings shall be securely fastened into solid wood blocking. Fasteners shall penetrate the wood nailer a minimum of 1 inch.


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d. All metal flashings shall be fastened into solid wood nailers with fastenersas shown on drawings. Fasteners shall penetrate the nailer a minimum of1 inch.

e. Metal shall be installed to provide adequate resistance to bending and allowfor normal thermal expansion and contraction.

f. Adjacent sheets of membrane-clad metal shall be spaced 1/4 inch apart. The joint shall be covered with 2 inch wide aluminum tape. A 6 inchminimum wide strip of membrane flashing membrane shall be hot-airwelded over the joint.

D. Pipe Sleeves:

1. Where roofing membrane is laid around vent pipes, stacks, or other pipingpenetrating roofing system that is not provided with a curb, provide membrane andflashing as shown on Details as specified herein and approved Manufacturer'sdetails.

a. Provide stainless steel hose clamp at top of sleeve and caulk between pipeand membrane. Tool sealant to shed water.

b. Insure all pipe sleeves are installed to prevent air infiltration under thethermoplastic sheet membrane. Seal deck from air infiltration.

3.3 CLEANUP

A. The Roofing Contractor shall remove all masking, protection, equipment, materials anddebris from the work and storage areas and leave those areas in an undamaged andacceptable condition.

3.4 MANUFACTURER'S INSPECTIONS:

A. Inspections shall be made by a representative of the responsible Roofing Manufacturer. TheRoofing Contractor shall arrange for these inspections and notify the Designer and Owner'sRepresentative each time the Roofing Manufacturer's Representative is present at the jobsite. These inspections shall be in addition to any inspections which may be made by anemployee or agent of the Owner.

1. Written reports of the Manufacturer's Representative's inspections shall be made,with copies to the Owner and to the Construction Manager.

2. Membrane Manufacturer shall provide a technical representative (full-time employeeof Manufacturer) to inspect work at start and at completion of the roofing installation. Inspections shall include a half-day for the initial application of the membrane. Provide a minimum of one-job site visit per week during membrane application.

3. Owner’s Project Manager, Construction Manager, and Project Roofing Designermust be notified at least 48 hours in advance of the manufacturer’s inspection. TheProject Roofing Engineer, and/or the Owner’s Representative shall be present duringthe inspection. Failure to comply will result in reinspection at a date set by theProject Designer.

B. Inspections shall be made at such times and frequency as required to determine that:

1. Deck surface is acceptable to receive membrane prior to installation.

2. Insulation surface is acceptable for roofing membrane application prior to installation.


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3. Materials, equipment, and application methods are in accordance with theManufacturer's recommendations.

4. Air sealing of deck and air seal details at membrane terminations shall be inspectedand approved.

C. Final inspection by Membrane Manufacturer for issuance of warranty shall be conducted inthe presence of the Owner’s Project Manager and Project Designer. Written report must besubmitted to the Project Designer summarizing findings and observations of this inspection. Inspection report shall clearly stated whether work is complete and installation is approvedfor warranty.



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SECTION 07 62 20 - METAL FLASHING AND TRIM

PART 1 - GENERAL


A. Furnish and install exposed and built-in sheet-metal flashing and counterflashing related toroofing system as shown on Drawings, and as specified herein.


A. Membrane Roofing (Sections 07 52 35).

B. Sealants for roofing (Section 07 90 10)

1.3 SUBMITTALS

A. Submit in accordance with Division 1 and Section 01 33 00.

B. Shop Drawings:

1. Show weights, gauges, or thicknesses of sheet metal. Show location, arrangement,dimensions, materials, fastenings, connections, anchorage, and relation to adjacentwork. Use only field verified dimensions for shop drawing submittals.

2. Show nailers, blocking, etc. required to be furnished for securing work of thisSection.

3. Show terminations, intersections, and splices in isometric details.

C. Product Data: Submit the latest edition of manufacturer's technical data sheet for sheetmetal to be fabricated and installed.

D. Samples: For each type of component required, prepare samples of size indicated on plans, approximately 12" long.

1.4 QUALITY ASSURANCE

A. References:

1. Some products and execution are specified in this Section by reference to publishedspecifications or standards of the following (with respective abbreviations used):

Factory Mutual (FM)The American Society for Testing and Materials (ASTM)Sheet Metal and Air Conditioning Contractors (SMACNA)

National AssociationCopper Development Association, Inc (CDA)

B. Standard References:

1. As published by SMACNA:

"Architectural Sheet Metal Manual", Fifth Edition, 1993; hereinafter referred to as"SMACNA Manual". Manual may be obtained from Sheet Metal and Air ConditioningContractors National Assn., Inc., 8224 Old Court House Road, Tysons Corner,Vienna VA 22180.


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C. Contractor shall be responsible for verifying all dimensions in field prior to fabrication of workof this Section.

D. Provide in-place mock-ups of sheet metal fabrications as directed by the Designer.


A. Sheet metal items shall be handled carefully to prevent damage to surface, edges, and ends.

B. Store at Site and above ground in a dry location, free from physical abuse. Store materialsin a manner to prevent staining from condensation.

C. Store and handle metal in a manner that will prevent damage to the membrane roofingsystem due to exposed ends and edges of metal. Do not allow direct contact with membraneroofing.

PART 2 - PRODUCTS

2.1 MATERIALS:

A. Sheet Metal:

1. Galvalume:

a. Prefinished base sheet material shall be 24 Gauge (.024") GalvalumeAluminum-Zinc Alloy Coated Steel Grade C meeting ASTM A792.

b. Metal shall be 55% aluminum and 43% zinc. Minimum Yield strengthshall be 50 KSI.

b. Coefficient of expansion: 0.0000067 in./in./NF.

2. Stainless Steel:

a. Conforming to ASTM A167, Type 304 alloy, with AISI 2D finish, or duller;fully annealed, dead soft.

b. Coefficient of expansion: 0.0000096 in./in./`F.

c. Tensile strength: 80,000 psi min.

B. Fasteners:

1. Nails, screws, bolts, rivets, and other fastenings for sheet metal (unless otherwisenotes) shall be corrosion-resistant and compatible material to secure work of thisSection. Recommended fasteners for each sheet metal shape and substrateshall be indicated on Drawings and of size and type suitable for the intended use. Nails shall be minimum 12 gauge, ring-shank, flat-head type, and of sufficientlength to penetrate substrate at least 3/4 inch.

2. Fasteners for attaching flashing to sheet-metal shall be self-drilling, self-tappingstainless steel screws with neoprene washers.

C. Sealant: as specified in Section 079210.


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2.2 FABRICATION:

A. Work shall be formed to profiles, sizes, and dimensions as shown on Drawings and onapproved shop drawings. Work shall conform to approved samples.

B. Work shall conform to practices recommended in SMACNA Manual, except as requiredspecifically otherwise in Contract Documents.

C. Work shall be installed in longest lengths possible up to a maximum of 10 ft. to minimizejoints, except where required specifically otherwise, and where consideration of controlof expansion and contraction require otherwise.

D. Work shall be formed to true lines and sharp arises. Work shall be straight, withoutbulges or waves.

E. Exposed edges shall be turned under for stiffness. No exposed sheared or raw edgesshall be permitted. Rounded, smooth corners are required where sheet metal maypuncture or damage any adjacent material. Provide drip edge on all vertical faces ofsheet metal to shed water away from underlying materials.

G. Corners of coping metal and counterflashing shall be mitered, formed with a standingseam, and sealed. Legs shall be not less than 2 ft. long. Form and fabricate in shop tothe greatest extent possible.

H. Provide continuous concealed cleats on exterior face of coping metal. Cleats shall allowthermal movement of metal work.

I. Finishes

1. Sheet metal shall be primed (in the factory before forming) on side requiredherein to receive subsequent finish coating. Prime with a primer of flexibilizedepoxy-based coating to a minimum thickness (dry film) of 0.2 mil.

2. Where required, metal shall be finish-coated (in the factory before forming) witha finish coating of Kynar 500 (formulated with not less than 70% polyvinylidenefluoride). Thickness of coating (dry film) shall be a minimum of 0.7 mil.

3. Color variance shall not vary more than 0.5 NBS unit from master standard,tested by use of a color-difference meter.

4. Colors will be selected by Owner from manufacturer’s standard colors.

J. Except as noted specifically otherwise in Contract Documents, thickness of metal shallbe as follows:

1. Galvalume:

a. Coping metal and edge metal: 24 gage with Kynar finish. Color asselected by Owner. Concealed cleats for coping to min 22 gage un-finished.

b. Fascia Closures and extenders: 24 gage

c. Counterflashing: 24 gage


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PART 3 - EXECUTION

3.1 EXAMINATION OF SUBSTRATE:

A. Substrate shall be suitable to receive work of this Section. Work shall not commence untilunsuitable conditions of substrate have been corrected.

B. Contractor shall be responsible for verifying all dimensions in field prior to fabrication of workof this Section.

3.2 COORDINATION:

A. Coordinate work of this Section with the interfacing and adjoining work for proper sequencingof each installation. Ensure best possible weather resistance and durability of work andprotection of materials and finishes.

3.3 INSTALLATION

A. General:

1. Install flashing and sheet metal items as shown on shop drawings.

2. Work shall conform to approved shop drawings, approved samples, andrequirements herein. Work shall conform to SMACNA Manual or CDA except whererequired otherwise in Contract Documents.

3. Apply sheet metal and other flashing material to surfaces which are smooth, sound,clean, dry and free from defects that might affect the application.

4. Remove projections which would puncture the materials and fill holes anddepressions with material compatible with the substrate. Cover holes or cracks inwood wider than 1/4 inch with sheet metal compatible with the roofing and flashingmaterial used.

5. Apply Sealant as specified in Section 07 90 10.

6. Use stainless steel screws and neoprene washers under fastener heads whenfastener head is exposed.

7. Anchor coping metal and edge metal to resist uplift and outward forces accordingto recommendations in FMG Loss Prevention Data Sheet 1-49 for specified windzone and as indicated.

8. Isolate metal that is in contact with dissimilar metals other than stainless steel, by applying an approved rubberized-asphalt membrane material between aluminumand dissimilar metal.

3.4 SEALING

A. Seal joints between sheet-metal work and adjacent work as necessary to provide resilient,watertight condition. Work of this Section shall be watertight.

3.5 CLEANING:

A. After completion of installation of work of this Section, exposed work shall be cleanedthoroughly of all scraps, stains, flux, weld splatter, oil, and other materials which woulddamage work.

B. Clean metal in accordance with Manufacturer's printed instructions.


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C. Protect all copper metal work during construction to ensure work will be without damage ordeterioration other than natural weathering at time of substantial completion

D. On completion of installation, clean finished surfaces, including removing unused fasteners,metal filings, pop rivet stems, and pieces of flashing. Maintain in a clean condition duringconstruction.

E. Replace sheet metal flashing and trim that have been damaged or that have deterioratedbeyond successful repair by finish touch-up or similar minor repair procedures.

END OF SECTION


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SECTION 07 90 10 - SEALANTS FOR ROOFING

PART 1 - GENERAL


A. Provide and install sealant for roofing work as shown on Drawings, and as specified herein. Sealant work required for the watertight integrity of the roofing system installation shall be theresponsibility of the Roofing Contractor.

B. Sealants to be applied to plywood, coping, sheet metal work, and other related to carpentrywork or sheet metal fabrications will be applied by skilled craftsmen.


A. Thermoplastic sheet membrane sheet roofing (Section 07 52 35).

B. Sheet metal flashing and trim (Section 07 62 20).

1.3 SUBMITTALS:

A. All submittals shall be in accordance with Section 01 33 00.

B. Product Data: Submit Manufacturer's printed performance and technical data.

C. Manufacturer's Data For Use In Construction Administration: Submit Manufacturer's printedinstructions for installation of sealant.

1.4 ENVIRONMENT CONDITIONS:

A. Do not proceed with installation of sealants under adverse weather conditions, or whentemperatures are below or above Manufacturer's recommended limitations for installation.

B. Proceed with the work only when forecasted weather conditions are favorable for proper cureand development of high early bond strength.

PART 2 - PRODUCTS

2.1 MATERIALS:

A. Sealants for sheet metal building components:

1. Compound shall be a single-component sealant exceeding requirements ofASTM C920, Type S. Cured sealant shall meet or exceed the following physicalproperties:

Property Test Method Value

Tensile Strength ASTM D412 160 psiElongation (Ult.) ASTM D412 230 %Hardness (Shore A) ASTM D642 30(min.)Shrinkage TT-S-00230C <1%

2. Compound shall meet or exceed all requirements of membrane manufacturer andFS TT-S-00230C, Type II, class A.


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3. Basis for Design: Titebond WeatherMaster as manufactured by FranklinInternational.

B. Single-Component, Butyl Sealant

1. Compound shall be a single-component, gun-grade, curing, butyl rubber sealant. Cured sealant shall have the following physical properties:

Property Test Method Value

Elongation (Ult.) ASTM D412 150 %Hardness (Shore A) ASTM D642 40(min.)Shrinkage TT-S-0011657 <5%

2. Sealant shall meet or exceed all requirements of ASTM C1311 and US FED SpecTT-S-001657.

3. Basis for Design is Bostik Chem-Calk 300.

C. Primer: Provide primer as recommended by Sealant Manufacturer to aid adhesion.

PART 3 - EXECUTION

3.1 EXAMINATION:

A. Prior to application of any joint sealant compound, Applicator shall examine all joints to besealed for construction defects which would adversely affect execution of work of thisSection.

B. The Applicator must examine the joint surfaces, backing, and anchorage of units formingsealant rabbet, and the conditions under which the sealant work is to be performed, andnotify the Owner’s Project Manager in writing of conditions detrimental to the proper andtimely completion of the work and performance of the sealants.

C. Do not proceed with work until unsatisfactory conditions have been corrected in a manneracceptable to the Owner.

D. Coordinate work of this Section with other trades.

3.2 PREPARATION:

A. Clean joint surfaces and spaces, using a Manufacturer's approved cleaner, if necessary. Joints are to be free of dust, dirt, oil, grease, rust, lacquers, latence, release agents, moistureor any material affecting adhesion of sealant.

B. Joints shall be dry.

C. Prime surfaces as required by Manufacturer of sealant, if necessary.

3.3 APPLICATION:

A. All sealant work shall be in accordance with Manufacturer's printed application instructionsand as specified herein.

B. Seal joints between any surfaces where moisture or air infiltration under new membrane mayoccur.


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C. Seal all sheet metal flashing in order to provide a weather-tight installation.

D. Apply compound using proper size nozzle. Use sufficient pressure to fill all voids and jointssolid, and to engage compound to sides of joints. A superficial skin or fillet-bead will not beacceptable.

E. Sealant shall be deposited in uniform, continuous beads without gaps or air pockets.

F. Remove excess compound, and leave surfaces neat, smooth, and clean.

G. Apply Butyl Sealant between concealed joints in metal splices and laps.

H. Apply sheet-metal sealant for all membrane terminations and exposed metal tomasonry/concrete/EIFS surface joints.

I. Joints shall be even and uniform in appearance. Joints shall be watertight. Tool surface toprovide good contact, to increase density, to shed moisture, and to improveappearance. Joints that hold water will be subject to rejection.

3.4 CURE AND PROTECTION:

A. Cure sealants and caulking compounds in compliance with Manufacturer's printedinstructions and recommendations to obtain high bond strength, internal cohesive strengthand surface durability.

3.5 CLEANING:

A. Remove excess materials adjacent to joints by mechanical means or with mineral spirits aswork progresses to eliminate evidence of spillage or damage to adjacent surfaces. Whereexcess cleaning compromises the integrity of the sealant, completely remove, prepare thesurface as specified herein and reseal.

END OF SECTION