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ROOFING REPLACEMENT OF THE HISTORIC FELLSMERE SCHOOL for THE CITY OF FELLSMERE 22 SOUTH ORANGE STREET FELLSMERE, FLORIDA 32948 prepared by RENKER EICH PARKS ARCHITECTS 1609 Dr. MARTIN LUTHER KING JR. ST. N. ST. PETERSBURG, FLORIDA 33704 PROJECT MANUAL DATE: OCTOBER 26TH, 2018 100% CONSTRUCTION DOCUMENTS

HISTORIC FELLSMERE SCHOOL · PB Certificate of Substantial Completion . PC Contractor’s Final Certification of the Work . R Change Order Form . GENERAL SPECIFICATIONS. DIVISION

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Page 1: HISTORIC FELLSMERE SCHOOL · PB Certificate of Substantial Completion . PC Contractor’s Final Certification of the Work . R Change Order Form . GENERAL SPECIFICATIONS. DIVISION

ROOFING REPLACEMENT OF THE

HISTORIC FELLSMERE SCHOOL

for

THE CITY OF FELLSMERE

22 SOUTH ORANGE STREET FELLSMERE, FLORIDA 32948

prepared by

RENKER EICH PARKS ARCHITECTS 1609 Dr. MARTIN LUTHER KING JR. ST. N.

ST. PETERSBURG, FLORIDA 33704

PROJECT MANUAL

DATE: OCTOBER 26TH, 2018 100% CONSTRUCTION DOCUMENTS

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1813 Roofing Replacement of the Historic Fellsmere School

Fellsmere, Florida

i

TABLE OF CONTENTS BIDDING CONDITIONS B Invitation to Bid C Instructions to Bidders D Bid Form E Bid Bonds F Statement of Public Entity Crimes G Information Required of Bidders – General Information and List of Sub-Contractors G4 Exhibit C Non-Collusion Affidavit of Prime Bidder G4 Exhibit D Certification of E-Verify CONTRACT CONDITIONS H Notice of Award I Contract J Exhibit A General Conditions – Table of Contents K Exhibit A General Conditions L Exhibit B Supplemental Conditions to General Conditions M Payment Bond N Performance Bond O Notice to Proceed P Final Payment Contractor PA Contractor’s Application for Payment PB Certificate of Substantial Completion PC Contractor’s Final Certification of the Work R Change Order Form GENERAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS Section 011000 – Summary Section 012100 – Allowances Section 012200 – Unit Prices Section 012300 – Alternates Section 012500 – Substitution Procedures Section 012600 – Contract Modification Procedures Section 013100 – Project Management and Coordination Section 013200 – Construction Progress Documentation Section 013233 – Photographic Documentation Section 013300 – Submittal Procedures Section 014000 – Quality Requirements

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1813 Roofing Replacement of the Historic Fellsmere School

Fellsmere, Florida

ii

Section 014200 – References Section 015000 – Temporary Facilities and Controls Section 016000 – Product Requirements Section 017300 – Execution Section 017419 - Construction Waste Management and Disposal TECHNICAL SPECIFICATIONS DIVISION 4 - MASONRY Section 040110 – Masonry Cleaning Section 040120.64 – Brick Masonry Repointing DIVISION 5 – METAL Section 055000 – Metal Fabrications DIVISION 6 - WOOD AND PLASTICS Section 061053 – Miscellaneous Rough Carpentry Section 061516 – Wood Roof Decking DIVISION 7 - THERMAL AND MOISTURE CONTROL Section 070150.19 – Preparation for Re-Roofing Section 075216 – Styrene-Butadiene-Styrene (SBS) Modified Bituminous Membrane Roofing (ADD ALTERNATE #1) Section 075423 – Thermoplastic Polyolefin (TPO) Roofing Section 076200 – Sheet Metal Flashing and Trim Section 079200 – Joint Sealants DIVISION 9 – FINISHES Refer to Drawings. DIVISION 23 – HEATING VENTILATING AND AIR CONDITIONING

Refer to Drawings. DIVISION 26 – ELECTRICAL Refer to Drawings. (ADD ALTERNATE #2) APPENDIX Asbestos Containing Materials Building Survey Report – Dated 10/23/2018 Lead Based Paint Survey Report – Dated 10/16/2018 END OF SPECIFICATIONS

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INVITATION TO BID

NOTICE IS HEREBY GIVEN THAT sealed bids will be received by the City of Fellsmere until_________________ (time) on ____________________, 20__ (date), at which time the bids willbe opened, for furnishing all labor and materials for the following project: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

Bids may be sent by mail or hand-delivered to 22 South Orange Street, Fellsmere, Florida 32948.Bids will be publicly opened and read aloud at 21 S. Cypress Street, Fellsmere, Florida 32948immediately following the above-stated closing time.

Bids received after the time set for the opening of the bids will not be considered and will be returned unopened, subject to the provisions of the Instructions to Bidders.

Copies of the general conditions, plans and specifications and other bidding documents are on file in the above office and open for public inspection. Complete sets of general conditions, plans and specifications and other bidding documents may be obtained by applying to _____________________________________________________________, at a cost of $___________ per ______________ set of ______________, which shall be refundable ifreturned unmarked and in good condition, within ________ days after the bid opening.Additional complete sets of bidding documents will be available at a cost of $_____________________________, nonrefundable.

All bids shall be submitted on the Bid Proposal forms provided in the Specifications. Bid security in the amount of five percent (5%) of the bid must accompany the sealed proposal of eachbuilder as follows: a cashier’s check, a certified check or a surety bond payable to the City ofFellsmere. Deposits will be returned to unsuccessful bidders. If the Contract is awarded to aBidder, that Bidder shall enter into a Contract with the City and furnish the required Performanceand Payment Bonds and Certificates of Insurance or forfeit the Bid Bond or security as liquidated damages. A contract must be executed within ________________ days following the award ofthe successful bidder.

The City reserves the right to delay the awarding of the Contract for up to sixty (60) days after the bid opening, to waive informalities in any bid, or to reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgment, will serve the best interests of the City.

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _____________________________________________ (any special language required by grant).

Dated:_________________, 2018_.______________________________________Signature and Title Mark D. MathesCommunity Development Director

Roofing Replacement of the Historic Fellsmere School

Paul
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Roofing Replacement of the Historic Fellsmere School
Paul
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Mark D. Mathes, 22 S. Orange Street, Fellsmere, Florida
Paul
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50.00
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30
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INSTRUCTIONS TO BIDDERS

Bids will be received by the City Clerk of the City of Fellsmere, Indian River County,Florida, at the place and until time specified in the Invitation to Bid and then publicly read aloud.(Note: A bidding party may be referred to hereinafter as Bidder or Contractor, as the case may be. The City of Fellsmere may be referred to hereinafter as the City.).

1.0 Preparation of Bids.

1.1 Bids shall be submitted in duplicate on the Bid Forms furnished by City or copiesthereof. Bidders shall strictly comply with the requirements of the Invitation to Bid, these instructions, and the instructions on the bid form. All designations and prices shall be fully and clearly set forth. Copies of the bid shall be identical. All blank spaces in the bid form shall be suitably completed.

1.2 Each bid must give the full business address of bidder and be signed by bidder with bidder’s usual signature. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and title of the president, secretary or other person authorized to bind the corporation. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by a member of the partnership or by an authorized representative, followed by the signature and title of the person signing. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes president, secretary, agent or other title to his or her signature without disclosing the principal, may be held to be the bid of the individual signing. When requested by City, satisfactory evidence of the authority of the officer signing in behalf of a corporation must be furnished.

1.3 Bids shall be completed in ink or typewritten. Erasures or other changes in the bids shall be explained or noted over the signature of bidder.

1.4 The bid price stated in the proposal shall include all taxes, license fees andassessments, which might be lawfully assessed against the City or Contractor on the date of theproposal. This shall include applicable federal, state and local taxes, license fees, sales taxes, usetaxes, occupational assessments, and similar taxes.

1.5 The Bid shall acknowledge receipt of all Addenda (the numbers of which shall befilled in on the Bid Form).

1.6 The address to which communications regarding the Bid are to be directed shall be shown.

1.7 Bids shall be submitted at the time and place indicated in the Invitation to Bid andshall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by all documents set forth in the Bidding Conditions. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face thereof.

1.8 For the convenience of bidders, extra sets of bid forms are available at no cost and on demand, at the offices of the City Clerk of the City of Fellsmere, 21 South Cypress Street, Fellsmere, Florida 32948.

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1.9 The successful Bidder will be responsible for compliance with all applicable safety-related Federal and State statutes and regulations.

2.0 Modification and Withdrawal of Bids. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. Negligence on the part of Bidder in preparing the bid confers no right for the withdrawal after the bid has been opened; provided, however, that if, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with City and promptly thereafter demonstrates to the City’s reasonable satisfaction that there was a material and substantial mistake in the preparation of such Bid, that Bidder may withdraw such Bid and the Bid Security will be returned.Thereafter, that Bidder will be disqualified from further bidding on the Work.

3.0 Opening Bids. Bids will be opened publicly and read aloud for the information ofbidders and others properly interested who may be present, either in person or by representative.An abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids. All Bids shall remain open for sixty days after the day of the Bid opening, but the City may, in its sole discretion, release any Bid and return the Bid security priorto that date.

4.0 Alternative Bids. Alternative bids will not be considered unless they have beenrequested.

5.0 Interpretation of Contract Documents. Oral interpretations as to the meaning of the drawings and specifications or other contract documents will not be given to any bidder. Everyrequest for interpretation shall be made in writing, addressed and forwarded to ______________ ____________________________________, at_______________________________________, ________________________ (County), ___________________ (State), ___________(number)or more days before the date for opening of bids. Every interpretation made to a bidder will be in the form of an addendum to contract documents, which, if issued, will be sent as promptly as practicable to all persons to whom the drawings and specifications have been issued and posted on the City of Fellsmere's website. All such addenda shall become part of the contract documents.

6.0 Conditions of Work. Each bidder shall visit the site of the proposed work and inform him/her/itself of the conditions relating to construction and labor under which the work will be performed. Failure to do so will not relieve a successful bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work for the consideration set forth in the bid.

7.0 Examination of Information Concerning Supplies or Manufactured Articles. The Bidder or Bidder’s authorized agent is expected to examine the maps, drawings, specifications, circulars, schedules and all other instructions pertaining to the work, which will be open to inspection. Failure to do so will be at Bidder’s own risk, and Bidder will not be entitled to securerelief due to error in the bid. In case of error in the extension of prices, the unit price will govern.

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[email protected]

Renker Eich Parks Architects, Paul C. Palmer AIA LEED AP 1609 Dr Martin Luther King Jr Street North, St. Petersburg

Pinellas Florida 33704

Paul
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Renker Eich Parks Architects, Paul C. Palmer
Paul
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1609 Dr. Martin Luther King Jr. Street, St. Petersburg
Paul
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Pinellas
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Florida
Paul
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10
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8.0 Submission of Information Concerning Supplies or Manufactured Articles. In bids for supplies or manufactured articles, Bidder will state whether Bidder is a manufacturer of or a regular dealer in the articles. If practical to do so, a bidder who is not a manufacturer will give the name of the manufacturer from whom the articles are to be obtained, including catalog references.

9.0 Qualification of Bidder. Each bidder must furnish a statement, on the form furnished for that purpose, of a bidder’s construction experience, bidder’s organization available for the work contemplated and such other information as is required by the Supplemental Conditions. The statement must be submitted at or within the time given in the Supplemental Conditions. City shall have the right to take such steps as it deems necessary to determine the ability of Bidder to perform the work, and Bidder must furnish to City all such information and data for this purpose as City may request. The right is reserved to reject any bid where an investigation of the evidence or information submitted by Bidder does not satisfy City in its sole discretion that Bidder is qualified to properly carry out the terms of the contract.

10.0 Bid Security. Each bid shall be accompanied by a certified check made payable to theorder of City of Fellsmere in the sum of not less than ________________% of the estimated expense of the improvement, or a bond with sufficient sureties on the City-approved Bid Bondform, to be approved by City in a penal sum equal to ________________% of the estimated expense of the improvement, and naming City as obligee. The security shall be returned to all bidders, except the three lowest responsible bidders within ___________ days after the openingof bids. The remaining security shall be returned within ____________ days after the bidder to whom the City has awarded the contract has executed the contract.

11.0 Contract Time. The number of days within which, or the date by which, the Work is to be completed (hereinafter the contract time) is set forth in the Agreement. When not otherwise specified, Bidder shall state the least number of calendar days, counting Sundays and holidays, after date of receipt of notice to proceed, in which Bidder will commence performance and the number of calendar days, counting Sundays and holidays, after such receipt in which Bidder will complete the work. In stating time, Bidder should make due allowance for probable difficulties that may be encountered. Time will be a consideration in evaluating the bids and the Biddersmay be asked to show the Owner that their time bid is reasonable and probable.

12.0 Liquidated Damages. If the successful bidder fails or refuses to enter into a contract pursuant to the requirements of City, or fails to give the further security as prescribed in theseinstructions, within the time limit, then the check deposited as prescribed in these instructions, the moneys standing to the credit of Bidder and the Bidder’s Bid Bond shall be forfeited to Cityas liquidated damages, and not as a penalty, and City shall collect the same or enforce payment of the bid bond for the benefit of the City.

13.0 Substitute Material and Equipment. The Contract, if awarded, will be on the basis ofmaterial and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or-equal” item of material orequipment may be furnished or used by Contractor if acceptable to City’s authorized

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representative, application for such acceptance will not be considered until after the “effectivedate of the Agreement”. The procedure for submittal of any such application by Contractor andconsideration by the City or its authorized representative is set forth in the General Conditions.

14.0 Subcontractors.

14.1 The Bidder shall list proposed subcontractors per the Information Required of Bidders.

14.2 The General Conditions require the identity of certain Subcontractors and other persons and organizations be submitted to the City in advance of the Notice of Award. The apparentSuccessful Bidder, and any other Bidder so requested, will within seven days after the day of the Bid opening submit to the City a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed forthose portions of the Work for which identification is required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and otherevidence of qualification for each such Subcontractor, person and organization, if requested by the City. If the City or its design representative, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declinesto make such substitution, the contract shall not be awarded to such Bidder. The Bidder’s refusal to make any such substitution will not constitute grounds for sacrificing the Bidder’s Bid Security. Any Subcontractor, other person or organization so listed and to whom City or its design representative does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to City and its design representative.

14.3 In contracts where the contract price is determined on the basis of the cost-of-work plus a fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to City those portions of the work that such Bidder proposes to subcontract. After the Notice of Award, the Bidder/Contractor may only subcontract other portions of the Work with City’s written consent.

14.4 No Contractor shall be required to employ any Subcontractor, other person or organization to whom or which there is reasonable objection.

15.0 Bond Requirements

15.1 A good and sufficient construction bond will be required of the contractor to whom the contract is awarded in the sum of 125% of the contract price, executed to the City of Fellsmere and conditioned on faithful performance of the work.

15.2 A good and sufficient statutory (payment) bond will be required of a contractor in the sum of 100% of the contract price executed to the City of Fellsmere and conditioned on payment of all labor, material and equipment used in the work.

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15.3 All such bonds shall be on forms approved by the City and must be signed by a surety company licensed to do business in the State of Florida and acceptable to the City of Fellsmere.

16.0 Persons Interested in More Than One Bid. If more than one bid is offered by any one person, by or in the name of an agent, partner or other person, all such bids may be rejected.However, when called for, a bidder may submit alternative bids or may quote different prices ondifferent qualities of material or different conditions of delivery. Further, a person who has quoted prices on materials to a bidder is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the materials or work.

17.0 Time of Opening Bids. Bids received prior to the time of opening will be kept unopened in a secure place. The officer whose duty it is to open them will decide when the specified time has arrived. No bid received thereafter will be considered, except that when a bid arrives by mail after the time fixed for opening, but before award is made, and it is shown to the satisfaction of the officer authorized to make the award that the failure to arrive timely was due solely to delay in the mails for which Bidder was not responsible, such bid will be received and considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressedand identified. Telegraphic bids will not be considered.

18.0 Award of Contract. City shall determine the lowest responsible bidder or bidders whose bid and check or bond have been made and filed in conformity with the published notice, and the contract shall be awarded to the lowest responsible bidder, unless in the judgment of City it shall be in the interests of City to reject all bids and advertise again. The City reserves the right, at its sole discretion and without cause or justification, to reject any or all bids or to award the contractin the best interests of the City. The City also reserves the right to waive any formalities,informalities and technicalities or to reject all bids and re-advertise, at the City’s sole discretion.

19.0 Interpretation of Approximate Quantities. The Bidder’s attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under theSpecifications as shown on the Bid Schedule, or elsewhere, is approximate only and notguaranteed. The City does not assume any responsibility that the final quantities shall remain instrict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto.

20.0 Contract. The Bidder to whom the Contract is awarded shall, within ten (10) days of the Notice of Award, execute and deliver five (5) copies of the following to the City: (a) Agreement;(b) Performance Bond; (c) Payment Bond; and (d) Certificate of Insurance.

21.0 Non-discrimination. Believing in the dignity and worth of every person, the City is committed to social justice and therefore strongly encourages the Contractor and itssubcontractors to provide equal employment opportunities to women and to minorities.

22.0 Failure to timely contract with City. If the Bidder to whom the contract has been awarded refuses or fails to complete the requirements of Article 20.0 above within ten (10) days after Notice of Award, the additional time in calendar days required to CORRECTLY complete

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Paul
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the documents will be deducted, in equal amount, from the Contract Time, or the City may elect to revoke the Bid, proceed against the Bid Bond of any Bidder failing to execute the awarded Contract and the Bidder shall be held by the City for consequential damages incurred, and the Contract shall be awarded as the City desires.

23.0 Other. _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

City of Fellsmere Dated:________________, 20__.

By: ________________________________________________________________________Print Name/Title

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Paul
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Mark D. Mathes
Paul
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Community Development Director
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4-5-08

BID FORM

To: CITY CLERK, City of Fellsmere, 22 South Orange Street, Fellsmere, Florida 32948 (Note: As used hereinafter Bidder shall mean Bidder or Contractor, as the case may be, and City shall mean The City of Fellsmere).

IN COMPLIANCE WITH the City of Fellsmere’s Invitation to Bid, dated______________, 20__, the undersigned, ____________________________________________________, proposes and agrees as follows:

1. Being familiar with the local conditions affecting the cost of the Work, and with the contract documents, including the Invitation for Bids, Instructions to Bidders, general and specific specifications, and plans and addenda Nos. ___________________________________ on file in the office of the City Clerk of the City of Fellsmere, 22 South Orange Street, Fellsmere, Indian River County, Florida, and in accordance with the provisions of the foregoing documents, the undersigned Bidder proposes to furnish all work and labor, materials and equipment necessary for the following, in accordance with said specifications and plans for ____________________________________________________________________________, or as the case may be, for the sum of $______________________.

Check if applicable. It is understood that certain quantities shown in the schedule areapproximate only, subject to increase or decrease and for the purpose of bid comparisons for determination of low Bidder. It is further understood that payment will be in accordance with quantities placed in the construction as more specifically provided in the Instructions to Bidders and Specifications included as part of the Contract Documents.]****

Each bidder must bid on all alternate proposals listed in the specifications. If no alternates are listed in the specifications, disregard the following blanks:

Alternate No. 1 add $_______________________________ deduct

Alternate No. 2 add $_______________________________ deduct

Alternate No. 3 add $_______________________________ deduct

2. To do any extra work which may be ordered by the City or its authorized representative,and to accept as full compensation therefore such prices as may be agreed upon in writing by the City and the Contractor in the Contract Documents, ____________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________(specific reference as appropriate).

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3. In submitting the bid it is understood that the City reserves the right to reject any and all bids. It is agreed that this bid may not be withdrawn except as provided in the Instructions to Bidders.

4. This bid is accompanied by a bidder’s bond or a certified check, as the case may be,

____________% made payable to the City of Fellsmere in sum of $_______________________, which is an amount not less than __________% of the total amount of the bid. The undersigned deposits said bond or said sum as bid security, which is conditioned on the undersigned entering into a contract with City as specified in the contract documents accompanied by required labor and material and faithful performance bonds with sureties satisfactory to the City and the required certificates of insurance coverage. This bid security shall constitute liquidated damages and shall not be a penalty if the Bidder fails to enter into a contract in accordance with the bid proposal. If the City is required to engage the services of an attorney in connection with the enforcement of this bid, bidder promises to pay the City’s reasonable attorney’s fees incurred, with or without suit.

5. Within ________________________________(_____) days from the date of acceptance

of this proposal, to execute the contract and to furnish to the City a Performance Bond in an amount equal to 125% of the contract price and a Payment Bond in an amount equal of 100% of the contract price. The Contractor shall provide two (2) separate bonds, a combined Payment and Performance Bond is unacceptable.

6. The undersigned proposes to complete the work in ___________________ calendar days from the date of award of the contract.

7. To pay to the City as liquidated damages, and not as a penalty, on the account of delay,

for each calendar day elapsing between the date herein specified as the date for full completion and the actual date of full completion of the contract work, the amount of $_________________ per day, pursuant to the terms of the Supplemental Conditions.

8. Catalogues, drawings, specifications, performance data and other descriptive information of special equipment or other items required by the specifications, are included with this bid, in _____________________________________________________________________________.

9. Bidder certifies that no member of the Council of the City of Fellsmere shall benefit directly or indirectly from the contract, that this proposal is made without connection with any other person, company or party making a bid or proposal, and that this proposal is in all respects fair and in good faith, without collusion or fraud.

10. Bidder hereby certifies that it has all licenses and permits required by Federal, State and local law, statute, regulation and/or ordinance. The Bidder’s Contractor’s License No. is ________________________________________________.

11. Bidder hereby acknowledges receipt of the following addenda: No.:______________,

date:________________________; No.:_______________, date:______________________;

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No.:__________________, date:______________________; No.:__________________, date:_____________________; No.:__________________, date:___________________.

The names of all persons interested in the foregoing proposal as principals are as follows: (If the bidder or other interested person is a corporation, state the legal name of the corporation, also the names of the president, secretary, treasurer and manager thereof; if a partnership, state true name of the firm, also names of all individual partners composing the firm; if the bidder or interested person is an individual, please state their first and last name in full.)

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

SIGNATURE OF BIDDER*

Dated:____________________, 20__. Name of Bidder: __________________________________________ ____________________________________Signature

By:_______________________________________ Print Name & Title By:_______________________________________ Print Name & Title

Address: __________________________________________ __________________________________________ __________________________________________ __________________________________________ ------------------- * If bidder is a corporation, the legal name of the corporation shall be set forth below, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation and the corporate seal. If bidder is a partnership, the true name of the firm shall be set forth below, together with the signature of the partner or partners authorized to sign contracts in behalf of the partnership. If the bidder is an individual, the individual’s signature shall be placed below.

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BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we ______________________ ______________________________________________________________as Principal and ____________________________________________________________ as Surety, a corporation duly organized under the Laws of the State of _______________________ with its principal offices located at ________________________________________and authorized to do business in the State of Florida, are held and firmly bound unto CITY OF FELLSMERE (hereinafter City) in the penal sum of __________________________ _________________________________ dollars ($_______________), lawful money of the United States, amounting to __________% of the total bid price, for the payment of which, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

The reason for this obligation is that the Principal has submitted the accompanying bid dated_______________, 20____, for the ______________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

NOW THEREFORE, if the Principal shall not withdraw said bid within the period of time set forth in the contract documents and shall within ten (10) calendar days after the prescribed forms are presented to the Principal for signature enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and material men, then the above obligation shall be void and of no effect; provided, however, that, in the event of the withdrawal of said bid within the periods specified or the failure to enter into said contract and give such bonds within the time specified, then the Principal shall forfeit the said bid bond amount to the City, paying to City ________% of the total bid price.

It is further agreed that if the CITY is required to initiate legal proceedings to recover on this bond, it may also recover its costs relating thereto including a reasonable amount for attorneys’ fees.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this __________ day of ____________, 20__, the name and

Roofing Replacement of the Historic Fellsmere School

Paul
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Roofing Replacement of the Historic Fellsmere School
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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.

WITNESSES (if individual) PRINCIPAL

_________________________________

_________________________________

_________________________________ By:_________________________________ Title________________________________

ATTEST (if corporation) ____________________________________

Title________________________________

Corporate Seal _______________________ SURETY By_________________________________

Title________________________________

Any claims under this bond may be addressed to :

Name and address of Surety ____________________________________

____________________________________

____________________________________

Name and address of agent or Representative in Florida If different from above ____________________________________

____________________________________

____________________________________

Telephone number of Surety and agent or representative in Florida ____________________________________

ATTEST ____________________________________

Title ____________________________________ Corporate Seal

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STATEMENT OF PUBLIC ENTITY CRIMES

This is a sworn statement under Section 287.133(3)(a), Florida Statutes, on public entity crimes and must be signed in the presence of a notary public or other officer authorized to administer oaths.

1. This sworn statement is submitted with Bid, Proposal or Contract No._____________ for __________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________.

2. This sworn statement is submitted by ______________________________________ ________________________________ (Name of entity submitting sworn statement) whose business address is _________________________________________________________________________________ and whose mailing address, if different, is: ____________________________________________________________________ .Its Federal Employer Identification Number (FEIN) is ________________________. (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:___________________________________________ .)

3. My name is ___________________________________________________ (please print name of individual signing) and my relationship to the entity named above is ____________________________________________________________________.

4. I understand that a Public Entity Crime as defined in Paragraph 287.133(1)(g), Florida Statutes, is a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other State or with the United States, including, but not limited to, any bid, proposal, reply or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

5. I understand that convicted or conviction as defined in Paragraph 286.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any Federal or State trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial or entry of a plea of guilty or nolo contendere.

6. I understand that an affiliate as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

(a) A predecessor or successor of a person convicted of a public entity or crime; or

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(b) An entity under the control of a natural person who is active in the management of the entity and who has been convicted of a public entity crime. Affiliateincludes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate.

7. I understand that a person as defined in Paragraph 287.133(1)(e), Florida Statutes,means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. Person includes those officers, directors, executives, shareholders, partners, employees, members, and agents who are active in management of an entity.

8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.)

___ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

___ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989 AND (Please indicate which additional statement applies.)

___ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)

___ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order).

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___ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.)

Dated:_______________________, 20__.

__________________________________________ (signature)

STATE OF _________________________

COUNTY OF _______________________

PERSONALLY APPEARED BEFORE ME, the undersigned authority, ______________ _________________________________________________ who, after first being sworn by me, affixed his/her signature in the space provided above on this ______ day of _________________ 20__.

WITNESS my hand and official seal in the State and County last aforesaid this _______ day of ________________, 20___.

____________________________ Notary /State of Florida at Large

Personally Known______ OR produced identification _______ Type of identification produced:______________________________

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INFORMATION REQUIRED OF BIDDERS GENERAL INFORMATION

THE UNDERSIGNED BIDDER GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY BE CONSIDERED SUFFICIENT JUSTIFICATION TO DISQUALIFY A BIDDER. ADDITIONAL SHEETS SHALL BE ATTACHED AS REQUIRED.

1. Contractor’s Name/Address ___________________________________________ ____________________________________________________________________________________________________________________________________

2. Contractor’s Telephone Number:_______________________________________

3. Contractor’s License:________________________________________________

4. Number of years as a Contractor in construction work of the type involved in this contract:_______________________________________________

5. What is the last project of this nature that you have completed? __________________________________________________________________

__________________________________________________________________ __________________________________________________________________

6. Have you ever failed to complete work awarded to you; if so, where and why?___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7. List the names and titles of all officers of Contractor’s firm

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8. Name of person who inspected site or proposed work for your firm:

Name:________________________________________________________ Date of Inspection:______________________________________________

NOTE: If requested by the City of Fellsmere, the bidder shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition.

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LIST OF SUB-CONTRACTORS

The Bidder SHALL list below the name and address of each Sub-Contractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Sub-Contractor. After the opening of Proposals, changes or substitutions will be allowed with written approval of the City of Fellsmere. Sub-Contractors must be properly licensed and hold a valid Certificate of Competency.

Work to be Performed Sub-Contractor’s Name/Address

1. _____________________________ ______________________________ _____________________________ ______________________________

_____________________________ ______________________________ _____________________________ ______________________________

2. _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________

_____________________________ ______________________________

3. _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________

4. _____________________________ ______________________________ _____________________________ ______________________________

_____________________________ ______________________________ _____________________________ ______________________________

5. _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________

6. _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________

7. _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________

8. _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________ _____________________________ ______________________________

Note: Attach additional sheets if required.

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EXHIBIT C

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of ______________________________} County of ____________________________} ________________________________________, being first duly sworn, disposes and says that: (Name/s)

1. They are ___________________of ______________________________ the Bidder that (Title) (Name of Company)

has submitted the attached bid;

2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid;

3. Such Bid is genuine and is not a collusive or sham Bid;

4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City/County or any person interested in the proposed Contract; and

5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by

any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed) ________________________________________ (Title) ________________________________________ STATE OF {____________________} COUNTY OF {___________________} The foregoing instrument was acknowledged before me this_____________________________

(Date) by:______________________________ who is personally known to me or who has produced ____________________________________ as identification and who did (did not) take an oath. ________________________________________________ Notary (print & sign name) Commission No. _________________________________

G4-6

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EXHIBIT D

CERTIFICATION OF E-VERIFY

Contract No. _________

Project Description: Provide materials, machinery, equipment, and labor for the Roofing Replacement of the Historic Fellsmere School.

Contractor acknowledges and agrees to the following:

Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of;

1. All persons employed by the Contractor during the term of the Contract to perform employment duties within Florida; and

2. All persons, including Subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the Local Agency.

Company/Firm:_________________________________________________________________

Authorized Signature:______________________________________________________________

Written Name: _________________________________________________________

Title:_________________________________________________________________________

Date:_________________________________________________________________________

G4-7

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NOTICE OF AWARD Dated: _____________________________

TO: _____________________________ Apparent Successful Bidder

ADDRESS: _____________________________ City of Fellsmere __________________________________________________________

PROJECT: _____________________________________________________________________________________________________________________________________________________________

CONTRACT FOR: ____________________________________________________________________(lnsert name of Contract as it appears in the Bidding Documents)

YOU HEREBY ARE NOTIFIED that your Bid dated _____________________________ for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contractfor______________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________

(Indicate total Work, alternates or sections of Work awarded)

The Contract Price of your contract is:__________________________________________________________ ________________________________________________________Dollars ($________________________) [Insert appropriate data re: Unit Prices/change for Cost-plus contracts.]

_______ copies of the proposed Contract Documents, except Drawings, accompany this Notice of Award. _______ sets of the Drawings will be delivered separately/otherwise made available to you immediately.

You must comply with the following conditions precedent within ten days of the date of this Notice of Award (by __________________[date]): You must deliver to City (a) ________________ (number) fully executedcounterparts of the Agreement including all Contract Documents, including Drawings. Each of the Contract Documents must bear your signature on (the cover) page and (b) the Contract Security (Bonds) specified in theInstructions to Bidders. If you fail to comply with these conditions precedent in any respect, the City may in its sole discretion consider all your rights arising from acceptance of your bid as abandoned and forfeited and award the contract to another bidder, re-advertise, or make such other disposition as it sees fit.

After the Agreement is signed and bonds have been accepted by the City, _________ ( ) copies will be sent toyou. You will be given an official Notice to Proceed. Work should not begin until you receive this notice.Contract time will begin the day you receive the Notice to Proceed. Construction must begin not later than ____days after your receive the Notice to Proceed.

City of Fellsmere

Dated:___________________, 20__. ________________________________________________ Authorized Signature

ACCEPTANCE OF NOTICE Receipt of this Notice of Award is acknowledged on ________________________________________, 20__.

Apparent Successful Bidder: ____________________________________, By:_________________________ Title

Roofing Replacement of the Historic Fellsmere School

Paul
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Roofing Replacement of the Historic Fellsmere School
Paul
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3
Paul
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3
Paul
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3
Paul
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1
Paul
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10
Paul
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Roofing Replacement of the Historic Fellsmere School
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ONTRACT

the

County,

____________________________, (hereinafter contractor), effective as ereinafter set forth.

CIN CONSIDERATION OF the mutual promises, covenants and conditions contained herein

this agreement is made on _________________________________(date), by and betweenCity of Fellsmere, a municipal corporation of Indian River County in the State of Florida (hereinafter City), and _________________________________________________________ of_____________________________________________________________________(address), _________________________________(city), ______________________________________________________________________ (state), duly licensed as a contractor in ______________________________________ (state), holding currently valid Contractor’s License no. ________h

1.0 The Work. Contractor shall furnish, except as otherwise provided, at contractor’s own coand expense, all labor, services, material and work for the construction and completion of thwork to be

ste

done under this contract (hereinafter the Work), which is generally described as follows:

_____________________________________________________________________________

ith

nd and

art of this contract and form the contract documents as fully as if set forth at length erein.

hown on

though express reference to any detail of it is omitted from either the rawings or specifications.

(Type of Work & Name of Project) _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Contractor will construct and complete the Work in a thorough, skillful and substantial manner in every respect to the satisfaction and approval of:__________________________________________________________________________________________________ (name and address) [hereinafter the Designer], within the time specified in this contract and in strict accordance wthe instructions and information contained in the Notice to Bidders, Instructions to Bidders, Form of Bid, this contract, General Conditions, Supplemental Conditions, all other contract documents as defined in the General Conditions, and any performance or other surety bothe drawings and specifications, including all addenda incorporated in any of the above-mentioned documents before the execution of this contract. All of the above documents are made a ph

1.1. Contractor shall execute work shown on the drawings even though not particularly described in specifications and all work described in the specifications even though not sthe drawings. Contractor shall furnish everything necessary for the proper and complete execution of the work even d

2.0 City Design Representative. The Project has been designed by Designer who shall acCity’s representative, assume all duties and responsibilities and have the rights and authority

t as

Roofing Replacement of the Historic Fellsmere School

Renker Eich Parks Architects

1609 Dr Martin Luther King Jr St N, St. Petersburg, Florida 33704

Paul
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Roofing Replacement of the Historic Fellsmere School
Paul
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Renker Eich Parks Architects
Paul
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1609 Dr. Martin Luther King Jr. Street N., St. Petersburg, Florida 33704
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ssigned to the Designer in the Contract Documents with respect to completion of the Work in aaccordance with the Contract Documents.

3.0 Contract Time. All of the Work shall be completed for the entire Project and ready for final payment within ____________________________________________( ) calendar dayfrom the date when Contract Time commences to run. The parties recognize that time is of theessence with respect to this Agreement and the Work. Failure to timely complete the Wprovided herein shall subject the Contractor to the Liquidated Damages provision which is set forth in Article G. of the Supplemental Co

s

ork as

nditions. The construction of the Work shall ommence no later than ________________________________ ( ) days after the date for

me .ccom ncement in the Notice to Proceed

4.0 Drawings And Specifications.

4.1. The Contract Documents, which comprise the entire agreement between City and Contractor concerning the Work, are set forth in the attached Exhibits A through ________.

ontract Documents may be amended, modified or supplemented as provided in paragraph 3.04

4.2. Any copies of the drawings and specifications that are reasonably required for the exe

ractor shall keep him/her/itself supplied with the latest issues of all drawings and specifications and shall keep one copy of the same at the site of the work in good order available to D

and shall remain the property of City and shall not be reused on other work by contractor. These doc red.

ent with, and reasonably inferable from, the contract. The Work shall be executed in conformity with these instructions. Contractor shall do no work without proper

Cof the General Conditions.

cution of the work will be furnished to contractor free of charge, unless otherwise provided.

4.3. Cont

esigner.

4.4. The drawings and specifications, and any copies of the drawings and specifications, are

uments shall be delivered to the Designer at the completion of the work, or earlier if requi

4.5. City shall promptly furnish contractor with any additional instructions, by means of drawings or otherwise, as are required to proceed with the Work. All such drawings and instructions shall be consist

drawings and instructions.

5.0 Contract Price; Compensation. In addition to the extra charges expressly mentionprovided for herein, City shall pay and Contractor shall receive the prices stipulated in the proposal attached to this contract as Exhibit ______ full and complete compensation for everything furnished and done by Contractor under this contract, including loss or damaarising out of the Work or from the action of the elements; for any unforeseen obstruction or difficulty encountered in the prosecution of the Work; for all risks of every description

ed and

ge

associated with the Work; for all expenses incurred due to the suspension or discontinuance of o ithfully completing the Work as provided in this Agreement.

6.0 Method Of Payment

the W rk; and for well and fa

.

Paul
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10
Paul
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C
Paul
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A
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6.1. Contractor

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shall submit Applications for Payment in accordance with Article 14 of the eneral Conditions. Applications for Payment will be processed by Designer as provided in the G

General Conditions.

6.2. Progress Payments. City shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payments as recommended by Designer, on or about the l0th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraphs 2.05 and 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Partial and final release of liens satisfactory to the City and the Designer demonstrating that the previously paid monies have been used to satisfy all cost

curred in the performance of the work shall be required. (Submit application to the Designer by

ss the aggregate of payments previously made nd less such amounts as Designer determine, or City may withhold, in accordance with

paragraph 14.0 s;

inthe 25th of preceding month)

6.2.1. Prior to Final Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, lea

2.B.5. of the General Condition

90% of Work completed, and 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to City as

Work in accordance with aragraph 14.07 of the General Conditions, City shall pay the remainder of the Contract Price as

14.07.C.

.0. Contractor’s Representations

provided in paragraph 14.02 of the General Conditions).

6.3. Final Payment. Upon final completion and acceptance of theprecommended by the Designer as provided in said paragraph

6.4. The monies due hereunder shall not bear interest.

7 . As an inducement for City to enter into this Agreement

f the Contract ocuments, the Work, site, locality, and all other local conditions and Laws and Regulations that

ions and tests of subsurface onditions and drawings of physical conditions, which are identified in the Supplemental

reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above)

Contractor makes the following representations:

7.1. CONTRACTOR has familiarized itself with the nature and extent oDin any manner may affect cost, progress, performance or furnishing of the Work.

7.2. CONTRACTOR has studied carefully all reports of exploratcConditions as provided in paragraph 2.05 of the General Conditions.

7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests,

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which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of t

4-5-08 4

he General Conditions; and no dditional examinations, investigations, explorations, tests, reports, studies or similar information

in the Contract Time and in accordance ith the other terms and conditions of the Contract Documents, including specifically the

as correlated the results of all such observations, examinations, vestigations, explorations, tests, reports and studies with the terms and conditions of the

Designer written notice of all conflicts, errors or iscrepancies that it has discovered in the Contract Documents and the written resolution thereof

.0 Notice

aor data are or will be required by Contractor for such purposes.

7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by Contractor in order to perform and furnish the Work at the Contract Price, withwprovisions of paragraph 4.04 of the General Conditions.

7.5. Contractor hinContract Documents.

7.6. CONTRACTOR has given thedby Designer is acceptable to Contractor.

8 . Notice shall be given as provided in Article 17 of the General Conditions. The ontractor and the Designer for the purpose of giving notice are as follows:

ellsmere FL 32948-6714 72) 571-1901

____________________________________________________________________

________________________________

___________________________________________________________________

im

addresses of City, C

City of Fellsmere: Office of City Clerk City of Fellsmere FFacsimile: (7

Contractor:____________________________________________________________________________________________________Facsimile:_

Designer:_____________________________________________________________________________________________________Facs ile:__________________________________Renker Eich Parks Architects, 1609 Dr Martin Luther King St N, St. Petersburg, Florida 33704

(727) 896-4911; Email: [email protected]

Paul
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Renker Eich Parks Archtects, 1609 Dr. Martin Luther King Jr. St. N., St. Petersburg, Florida 33704
Paul
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9.0 Execution. City and Contractor each binds itself, and as the case may be, its partners, its permitted successors and assigns, and its legal representatives to the other party hereto and to

4-5-08 5

that parties’ partners, permitted successors and assigns, and legal representatives with respect all cov

toenants, agreements and obligations contained in the Contract Documents. If not otherwise

ecifically set forth, this Agreement shall be effective on the date of the last of the parties to sign

iplicate at ____________________________________________________ (place of execution)

_____ _____ ___ _____ ___________ y:_______________________________ By:________________________________

Print Name and Title Print Name and Title

TATE OF FLORIDA )

y _

___________(type of authority, . . . e.g. officer, ustee, attorney in fact) for _____________________________________________________(name of

Notary Public - State of Florida sioned Name of Notary Public

ersonally Known __________ OR Produced Identification __________ ype of Identification Produced:________________________________

sp.

IN WITNESS WHEREOF, each party to this contract has caused it to be executed in tron the date(s) indicated below. This agreement will be effective on ______________________.

Dated:___________________, 20__. Dated:______________________, 20__.

City of Fellsmere Contractor:_________________________

__________________________________

_ ___________________ _ _ __________________B

SCOUNTY OF ___________________ _______ )

The foregoing instrument was acknowledged before me this _______ da of ________________ , 20____________________________________________ (name of person) as

__________________________________________

, by

trparty on behalf of whom instrument was executed).

_________________________________________

Print, Type, or Stamp Commis

PT

Paul
Text Box
22 S. Orange Street, Fellsmere, Florida
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Exhibit “A” General Conditions Table of Contents

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SECTIONS: Page 1.01 Defined Terms........................................................................................... ........................................1 1.02 Terminology.......................................................................................................................................4 ARTICLE 2 - PRELIMINARY MATTERS SECTIONS: Page 2.01 Delivery of Bonds ..................................................................................... ........................................5 2.02 Copies of Documents ................................................................................ ........................................5 2.03 Commencement of Contract Times; Notice to Proceed ............................ ........................................5 2.04 Starting the Work ...................................................................................... ........................................5 2.05 Before Starting Construction..................................................................... ........................................5 2.06 Preconstruction Conference ...................................................................... ........................................6 2.07 Initial Acceptance of Schedules ................................................................ ........................................6 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SECTIONS: Page 3.01 Intent ..................................................................................................................................................6 3.02 Reference Standards...........................................................................................................................7 3.03 Reporting and Resolving Discrepancies.............................................................................................7 3.04 Amending and Supplementing Contract Documents .........................................................................7 3.05 Reuse of Documents...........................................................................................................................8 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;

REFERENCE POINTS SECTIONS: Page 4.01 Availability of Lands..........................................................................................................................8 4.02 Subsurface and Physical Conditions ..................................................................................................8 4.03 Differing Subsurface Or Physical Conditions ....................................................................................9 4.04 Underground Facilities .....................................................................................................................10 4.05 Reference Points...............................................................................................................................11 4.06 Hazardous Environmental Condition at Site ....................................................................................11 ARTICLE 5 - BONDS AND INSURANCE SECTIONS: Page 5.01 Performance, Payment and Other Bonds..........................................................................................12 5.02 Licensed Sureties and Insurers .........................................................................................................12 5.03 Certificates of Insurance...................................................................................................................12 5.04 Contractor’s Liability Insurance.......................................................................................................13 5.05 City’s Liability Insurance.................................................................................................................14 5.06 Property Insurance............................................................................................................................14 5.07 Waiver of Rights ..............................................................................................................................15 5.08 Receipt and Application of Insurance Proceeds ...............................................................................15 5.09 Acceptance of Bonds and Insurance; Option to Replace..................................................................16 5.10 Partial Utilization, Acknowledgement of Property Insurance ..........................................................16 ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES SECTIONS: Page 6.01 Supervision and Superintendence.....................................................................................................16 6.02 Labor; Working Hours .....................................................................................................................16 6.03 Services, Materials, and Equipment .................................................................................................17 6.04 Progress Schedule ............................................................................................................................17 6.05 Substitutes and Or-Equals ................................................................................................................17

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6.06 Concerning Subcontractors, Suppliers, and Others ..........................................................................19 6.07 Patent Fees and Royalties.................................................................................................................20 6.08 Permits..............................................................................................................................................20 6.09 Law and Regulations ........................................................................................................................20 6.10 Taxes ................................................................................................................................................20 6.11 Use of Site and Other Areas .............................................................................................................21 6.12 Record Documents ...........................................................................................................................21 6.13 Safety and Protection .......................................................................................................................21 6.14 Safety Representative .......................................................................................................................22 6.15 Hazard Communication Programs ...................................................................................................22 6.16 Emergencies .....................................................................................................................................22 6.17 Shop Drawings and Samples ............................................................................................................22 6.18 Continuing the Work........................................................................................................................24 6.19 Contractor’s General Warranty and Guarantee ................................................................................24 6.20 Indemnification ................................................................................................................................25 ARTICLE 7 - OTHER WORK SECTIONS: Page 7.01 Related Work at Site ........................................................................................................................25 7.02 Coordination.....................................................................................................................................26 ARTICLE 8 - CITY’S RESPONSIBILITIES SECTIONS: Page 8.01 Communications to Contractor ........................................................................................................26 8.02 Replacement of Designer .................................................................................................................26 8.03 Furnish Data .....................................................................................................................................26 8.04 Pay Promptly When Due..................................................................................................................26 8.05 Lands and Easements; Reports and Tests.........................................................................................26 8.06 Insurance ..........................................................................................................................................27 8.07 Change Orders..................................................................................................................................27 8.08 Inspections, Tests and Approvals .....................................................................................................27 8.09 Limitations on City’s Responsibilities .............................................................................................27 8.10 Undisclosed Hazardous Environmental Condition...........................................................................27 ARTICLE 9 - DESIGNER’S STATUS DURING CONSTRUCTION SECTIONS: Page 9.01 City’s Representative .......................................................................................................................27 9.02 Visits to Site .....................................................................................................................................27 9.03 Project Representative......................................................................................................................27 9.04 Clarifications and Interpretations .....................................................................................................27 9.05 Authorized Variations in Work ........................................................................................................28 9.06 Rejecting Defective Work ................................................................................................................28 9.07 Shop Drawings, Change Orders and Payments ................................................................................28 9.08 Determinations for Unit Price Work ................................................................................................28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work.............................28 9.10 Limitations on Designer’s Authority and Responsibilities...............................................................29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SECTIONS: Page 10.01 Authorized Changes in the Work ...................................................................................................29 10.02 Unauthorized Changes in the Work ...............................................................................................29 10.03 Execution of Change Orders ..........................................................................................................29 10.04 Notification to Surety .....................................................................................................................30 10.05 Claims and Disputes.......................................................................................................................30 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SECTIONS: 11.01 Cost of the Work ............................................................................................................................31

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11.02 Cash Allowances ............................................................................................................................33 11.03 Unit Price Work .............................................................................................................................33 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SECTIONS: Page 12.01 Change of Contract Price ...............................................................................................................33 12.02 Change of Contract Times..............................................................................................................34 12.03 Delays Beyond Contractor’s Control .............................................................................................35 12.04 Delays Within Contractor’s Control...............................................................................................35 12.05 Delays Beyond City’s and Contractor’s Control ............................................................................35 12.06 Delay Damages ..............................................................................................................................35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SECTIONS: Page: 13.01 Notice of Defects............................................................................................................................35 13.02 Access to Work ..............................................................................................................................35 13.03 Tests and Inspections......................................................................................................................36 13.04 Uncovering Work...........................................................................................................................36 13.05 City May Stop the Work ................................................................................................................37 13.06 Correction or Removal of Defective Work ....................................................................................37 13.07 Correction Period ...........................................................................................................................37 13.08 Acceptance of Defective Work ......................................................................................................37 13.09 City May Correct Defective Work .................................................................................................38 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SECTIONS: Page 14.01 Schedule of Values.........................................................................................................................38 14.02 Progress Payments..........................................................................................................................38 14.03 Contractor’s Warranty of Title .......................................................................................................41 14.04 Substantial Completion ..................................................................................................................41 14.05 Partial Utilization ...........................................................................................................................41 14.06 Final Inspection ..............................................................................................................................42 14.07 Final Payment.................................................................................................................................42 14.08 Final Completion Delayed..............................................................................................................42 14.09 Waiver of Claims ...........................................................................................................................43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION SECTIONS: Page 15.01 City May Suspend Work ................................................................................................................43 15.02 City May Terminate for Cause .......................................................................................................43 15.03 City May Terminate For Convenience ...........................................................................................44 15.04 Contractor May Stop Work or Terminate.......................................................................................44 15.05 Contingent Assignment of Subcontracts ........................................................................................44 ARTICLE 16 - DISPUTE RESOLUTION SECTIONS: Page 16.01 Methods and Procedures ................................................................................................................45 16.02 Claims for Consequential Damages ...............................................................................................45 ARTICLE 17 - MISCELLANEOUS SECTIONS: Page 17.01 Notices............................................................................................................................................45 17.02 Computation of Times....................................................................................................................45 17.03 Cumulative Remedies.....................................................................................................................45 17.04 Survival of Obligations ..................................................................................................................46 17.05 Controlling Law .............................................................................................................................46 17.06 Familiarity with Laws ....................................................................................................................46

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17.07 Liens...............................................................................................................................................46 17.08 Protection of Public ........................................................................................................................46 17.09 Incorporation of Preambles and Exhibits .......................................................................................46 17.10 Entire Agreement ...........................................................................................................................47 17.11 Amendment ....................................................................................................................................47 17.12 Assignment; Delegation .................................................................................................................47 17.13 Severability ....................................................................................................................................47 17.14 Rules of Construction.....................................................................................................................47 17.15 Attorneys’ Fees ..............................................................................................................................47 17.16 Parties in Interest ............................................................................................................................47 17.17 Relationship of Parties....................................................................................................................47 17.18 Counterparts ...................................................................................................................................47 17.19 Rights in Third Parties....................................................................................................................47 17.20 Waiver ............................................................................................................................................47 17.21 Time of the Essence .......................................................................................................................48

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EXHIBIT “A” CONTINUED GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

1.01. Defined Terms

A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below (singular or plural) will have the meanings indicated.

1. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents.

2. Agreement-The written instrument which is evidence of the agreement between City and Contractor covering the Work.

3. Application for Payment-The form acceptable to Designer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by supporting documentation required by the Contract Documents.

4. Approved Equal or-equal-A substitute product equal to or better than the brand name product as specified and permitted to be used in this Project only when approved by the Designer.

5. Bid-The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

6. Bidding Documents-The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

7. Bidding Requirements-The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements.

8. Bonds-Performance and payment bonds and other instruments of security.

9. Change Order-A document recommended by Designer, which is signed by Contractor and City authorizing an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

10. City-The City of Fellsmere, which is located in Indian River County, Florida, with which Contractor has entered into the Agreement and for which the Work is to be performed.

11. Claim-A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

12. Contract-The entire and integrated written agreement between the City and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

13. Contract Documents-The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), Contractor’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplemental Conditions, the Specifications and the Drawings as the same are more specifically identified in the

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Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Designer’s, written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by City to Contractor are not Contract Documents.

14. Contract Price-The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work).

15. Contract Times-The number of days or the dates stated in the Agreement to (i) achieve Substantial Completion and (ii) complete the Work so that it is ready for final payment as evidenced by Designer’s written recommendation of final payment.

16. Contractor-The individual or entity with whom City has entered into the Agreement.

17. Cost of the Work-See paragraph 11.01A for definition.

18. Drawings-That part of the Contract Documents prepared or approved by Designer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings.

19. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective. If no such date is indicated, the date on which the Agreement is signed and delivered by the last of the parties to sign and deliver shall be the effective date.

20. Designer-The individual or entity named as such in the Agreement.

21. Designer’s Consultant-An individual or entity having a contract with Designer to furnish services as Designer’s independent professional associate or consultant with respect to the Project and who is identified as such in the Supplemental Conditions.

22. Field Order-A written order issued by Designer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.

23. General Requirements-Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications.

24. Hazardous Environmental Condition-The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.

25. Hazardous Waste-This shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903), as amended from time to time.

26. Laws and Regulations; Laws or Regulations-Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

27. Liens-Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

28. Milestone-A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

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29. Notice of Award-The written notice by City to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, City will sign and deliver the Agreement.

30. Notice to Proceed-A written notice given by City to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.

31. Partial Utilization-Use by City of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

32. Project-The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part, as may be indicated elsewhere in the Contract Documents.

33. Project Manual-The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, will be set forth in the table(s) of contents thereof.

34. Radioactive Material-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011, et seq.) as amended from time to time.

35. Resident Project Representative-The authorized representative of Designer who may be assigned to the Site or any part thereof.

36. Samples-Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

37. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

38. Site-Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor.

39. Specifications-That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

40. Subcontractor-An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site.

41. Substantial Completion-The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Designer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. Substantially complete and substantially completed are cognate terms.

42. Supplemental Conditions-That part of the Contract Documents which amends or supplements these General Conditions.

43. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor.

44. Underground Facilities-All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities,

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including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

45. Unit Price Work-Work to be paid for on the basis of unit prices.

46. Work- The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

47. Work Change Directive- A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by City and recommended by Designer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.

48. Written Amendment-A written statement modifying the Contract Documents, signed by City and Contractor on or after the Effective Date of the Agreement and normally dealing with nonengineering, nonarchitectural or nontechnical matters rather than strictly construction-related aspects of the Contract Documents.

1.02. Terminology

A. Intent of Certain Terms or Adjectives

1. Whenever in the Contract Documents the terms as allowed, as approved or cognate terms are used or the adjectives reasonable, suitable, acceptable, proper, satisfactory, or adjectives of like effect or import are used to describe an action or determination of Designer as to the Work, it is intended that such action or determination will be to evaluate the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise).

B. Day

1. Day shall constitute a calendar day of 24 hours measured from midnight to the next midnight.

C. Defective

1. Defective, when modifying Work, refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to Designer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by City at Substantial Completion in accordance with paragraphs 14.04 or 14.05).

D. Furnish, Install, Perform, Provide

1. Furnish, when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. Install, when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. Perform or provide, when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

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4. When furnish, install, perform, or provide is not used in connection with services, materials, orequipment in a context clearly requiring an obligation of Contractor, provide is implied.

E. Unless stated otherwise in the Contract Documents, words or phrases which have a well known technical orconstruction industry or trade meaning are used in the Contract Documents in accordance with such recognizedmeaning.

F. Italicized print will be used to indicate words that are referred to as terms.

G. In the interest of brevity, the contract documents frequently omit modifying words such as all, any, andarticles such as the and and, but the fact that a modifier or an article is absent from one statement and appears inanother is not intended to affect interpretation.

ARTICLE 2- PRELIMINARY MATTERS

2.01 Delivery of Bonds

A. When Contractor delivers the executed Agreement to City, Contractor shall also deliver to City such Bondsas Contractor may be required to furnish.

2.02 Copies of Documents

A. City shall furnish to Contractor up to ten copies of the Contract Documents. Additional copies will befurnished upon request at the cost of reproduction.

2.03 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or,if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given atany time within 30 days after the Effective Date of the Agreement.

2.04 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. NoWork shall be done at the Site prior to the date on which the Contract Times commence to run.

2.05 Before Starting Construction

A. Contractor’s Review of Contract Documents: Before undertaking each part of the Work, Contractor shallcarefully study and compare the Contract Documents and check and verify all pertinent figures, dimensions,quantities, locations, materials and details therein and all applicable field measurements. Failure to discover orcorrect errors, conflicts or discrepancies shall not relieve the Contractor of full responsibility for unsatisfactorywork, faulty construction, or improper operation resulting therefrom nor from rectifying such condition at his ownexpense. Contractor shall promptly report in writing to Designer any conflict, error, ambiguity, or discrepancywhich Contractor may discover and shall obtain a written interpretation or clarification from Designer beforeproceeding with any Work affected thereby; however, Contractor shall not be liable to City or Designer for failure toreport any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew orreasonably should have known thereof. Any work not herein specified, which may be fairly implied as included inthe Contract, or which the Designer shall so adjudge, shall be done by the Contractor without extra charge to theCity.

B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unlessotherwise specified in the Supplemental Conditions), Contractor shall submit to Designer for timely review:

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1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents;

2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and

3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

C. Evidence of Insurance: Before any Work at the Site is started, Contractor and City shall each deliver to the other, with copies to each additional insured identified in the Supplemental Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and City respectively are required to purchase and maintain in accordance with Article 5.

2.06 Preconstruction Conference

A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by Contractor, Designer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B., procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

2.07 Initial Acceptance of Schedules

A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by Contractor, Designer, and others as appropriate will be held to review for acceptability to Designer as provided below the schedules submitted in accordance with paragraph 2.05.B. Contractor shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Designer.

1. The progress schedule will be acceptable to Designer if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on Designer responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s schedule of Shop Drawing and Sample submittals will be acceptable to Designer if it provides a workable arrangement for reviewing and processing the required submittals.

3. Contractor’s schedule of values will be acceptable to Designer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work.

ARTICLE 3- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one is required by all.

B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to City.

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C. Clarifications and interpretations of the Contract Documents shall be issued by Designer as provided in Article 9.

3.02 Reference Standards

A. Standards, Specifications, Codes, Laws, and Regulations

1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of City, Contractor, or Designer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to City, Designer, or any of Designer’s Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies

1. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall report it to Designer in writing at once. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that Contractor shall not be liable to City or Designer for failure to report any such conflict, error, ambiguity, or discrepancy unless Contractor knew or reasonably should have known thereof.

B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:

a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: (i) a Field Order; (ii) Designer’s approval of a Shop Drawing or Sample; or (iii) Designer’s written interpretation or clarification.

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3.05 Reuse of Documents

A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with City: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Designer or Designer’s Consultant, including electronic media editions and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and Designer and specific written verification or adaptation by Designer. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

B. All copies of Contract Documents, except the Contractor’s records set, shall be returned or suitably accounted for to the Designer, on request, upon completion of the Work.

ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS

4.01 Availability of Lands

A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and City are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in City’s furnishing the Site, Contractor may make a Claim therefor as provided in paragraph 10.05.

B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and City’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations.

C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

4.02 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplemental Conditions identify:

1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Designer has used in preparing the Contract Documents; and

2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Designer has used in preparing the Contract Documents.

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the technical data contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such technical data is identified in the Supplemental Conditions. Except for such reliance on such technical data, Contractor may not rely upon or make any Claim against City, Designer, or any of Designer’s Consultants with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

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2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any technical data or any such other data, interpretations, opinions, or information.

4.03 Differing Subsurface or Physical Conditions

A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either:

1. is of such a nature as to establish that any technical data on which Contractor is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or

2. is of such a nature as to require a change in the Contract Documents; or

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or any Work in connection therewith (except in an emergency as required by paragraph 6. 16.A), notify City and Designer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so conclusions.

B. Designer’s Review: After receipt of written notice as required by paragraph 4.03.A, Designer will promptly review the pertinent condition, determine the necessity of City’s obtaining additional exploration or tests with respect thereto, and advise City in writing (with a copy to Contractor) of Designer’s findings and conclusions.

C. Possible Price and Times Adjustments

1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and

b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03.

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

a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract;

b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or

c. Contractor failed to give the written notice within the time and as required by paragraph 4.03.A.

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3. If City and Contractor cannot agree on entitlement on any adjustment to the Contract Price and/or Contract Times, a Claim may be made therefor as provided in paragraph 10.05. However, City, Designer, and Designer’s Consultants shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

4.04 Underground Facilities

A. Shown or Indicated: The information and data shown or indicated in the Contract Documents respecting existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Designer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplemental Conditions:

1. City and Designer shall not be responsible for the accuracy or completeness of any such information or data; and

2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:

a. reviewing and checking all such information and data;

b. locating all Underground Facilities shown or indicated in the Contract Documents;

c. coordination of the Work with the owners of such Underground Facilities, including City, during construction; and

d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work.

B. Not Shown or Indicated

If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents:

1. Then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6. 16.A), identify the owner of such Underground Facility and give written notice to that owner and to City and Designer. Designer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

2. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent they are attributable to such Underground Facility and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated such facility. If Designer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. If City and Contractor cannot agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, City or Contractor may make a Claim therefor as provided in paragraph 10.05.

4.05 Reference Points

A. City shall provide engineering surveys to establish reference points for construction which in Designer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying

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out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of City. Contractor shall report to Designer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.06 Hazardous Environmental Condition at Site

A. Reports and Drawings: Reference is made to the Supplemental Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Designer in the preparation of the Contract Documents.

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the technical data contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such technical data is identified in the Supplemental Conditions. Except for such reliance on such technical data Contractor may not rely upon such data or make any Claim against City, Designer or any of Designer’s Consultants with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any technical data or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.

D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify City and Designer (and promptly thereafter confirm such notice in writing). City shall promptly consult with Designer concerning the necessity for City to retain a qualified expert to evaluate such condition or take corrective action, if any.

E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If City and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in paragraph 10.05.

F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If City and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. City may have such deleted portion of the Work performed by City’s own forces or others in accordance with Article 7.

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G. City shall indemnify and hold harmless Contractor, Subcontractors, Designer, Designer’s Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this paragraph 4.06.G shall obligate City to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

H. Contractor shall indemnify and hold harmless City, Designer, Designer’s Consultants, and public officials, officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site.

ARTICLE 5- BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor’s obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Contract Documents.

B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act.

C. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in Florida or it ceases to meet the requirements of paragraph 5.01.B, Contractor shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01 .B and 5.02.

5.02 Licensed Sureties and Insurers

A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by City or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized Florida to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplemental Conditions.

5.03 Certificates of insurance

A. Contractor shall deliver to City, with copies to each additional insured identified in the Supplemental Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. City shall deliver to Contractor, with copies to each

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additional insured identified in the Supplemental Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which City is required to purchase and maintain.

5.04 Contractor‘s Liability insurance

A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable:

1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts;

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

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

4. claims for damages insured by reasonably available personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor or (ii) by any other person for any other reason;

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

6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle;

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

8. claims involving contractual liability insurance applicable to the Contractor’s indemnity obligations.

B. The policies of insurance required by this paragraph 5.04 to be purchased and maintained shall:

1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.7 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) City, Designer, Designer’s Consultants, and any other individuals or entities identified in the Supplemental Conditions, all of whom shall be listed as additional insureds, and shall include coverage for the respective public officials, officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby;

2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplemental Conditions or required by Laws or Regulations, whichever is greater;

3. include completed operations insurance;

4. include contractual liability insurance covering Contractor’s indemnity obligations under paragraphs 4.06, 6.07, 6.11, and 6.20;

5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to City and Contractor and to each other additional insured identified in the Supplemental Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to paragraph 5.03 shall so provide);

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6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and

7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and Contractor shall furnish City and each other additional insured identified in the Supplemental Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to City and any such additional insured of continuation of such insurance at final payment and one year thereafter).

5.05 City’s Liability Insurance

A. In addition to the insurance required to be provided by Contractor under paragraph 5.04, City, at City’s option, may purchase and maintain at City’s expense, City’s own liability insurance as will protect City against claims which may arise from operations under the Contract Documents.

5.06 Property Insurance

A. Unless otherwise provided in the Supplemental Conditions, Contractor shall purchase and maintain property insurance upon the Work at the site for the full insurable value thereof, subject only to such deductible as may be provided in the Supplemental Conditions or required by law. Said insurance shall cover the interests of City and include the interests of Contractor, Subcontractors, Designer, and Designer’s Consultants in the Work, as the case may be, all of which shall be listed as insured or additional insured parties. Said Insurance shall cover against perils of windstorm, fire and extended coverage and shall include ‘all risk’ insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplemental Conditions. Said Insurance shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including, but not limited to, fees and other charges of Designers, architects, attorneys, and other professionals). Unless otherwise provided in the Supplemental Conditions, Contractor, if it is not covered under the “all risk” insurance, shall purchase and maintain similar property insurance on portions of the Work stored on and off site or in transit, when such portions of the Work are to be or have been included in an Application for Payment. The policies of insurance required to be purchased and maintained by Contractor in accordance with paragraphs 5.06 A and 5.06 B shall contain a provision that coverage shall not be canceled or materially changed except on at least thirty days’ prior written notice to City.

B. City shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplemental Conditions or Laws and Regulations which will include the interests of City, Contractor, Subcontractors, Designer, Designer’s Consultants, and any other individuals or entities identified in the Supplemental Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured.

C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to City and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07.

D. City shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplemental Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at their/its own expense.

E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, City shall, if possible, include such insurance, and the cost thereof will be charged to

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Contractor by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, City shall in writing advise Contractor whether or not such other insurance has been procured by City.

5.07 Waiver of Rights

A. City and Contractor intend that all policies purchased in accordance with paragraph 5.06 will protect City, Contractor, Subcontractors, Designer, Designer’s Consultants, and all other individuals or entities identified in the Supplemental Conditions to be listed as insureds or additional insureds (and the public officials, officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, as the case may) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. City and Contractor waive all rights against each other and their respective public officials, officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, as the case may be, for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, Designer, Designer’s Consultants, and all other individuals or entities identified in the Supplemental Conditions to be listed as insureds or additional insureds (and the public officials, officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by City as trustee or otherwise payable under any policy so issued.

B. City waives all rights against Contractor, Subcontractors, Designer, Designer’s Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for:

1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to City’s property or the Work caused by, arising out of, or resulting from fire or other peril whether or not insured by City; and

2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by City during partial utilization pursuant to paragraph 14.05, after Substantial Completion pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14.07.

C. Any insurance policy maintained by City covering any loss, damage or consequential loss referred to in paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, Designer, or Designer’s Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them.

5.08 Receipt and Application of Insurance Proceeds

A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with City and made payable to City as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B. City shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment.

B. City as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of such loss to City’s exercise of this power. If such objection be made, City as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, City as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, City as fiduciary shall give bond for the proper performance of such duties.

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5.09 Acceptance of Bonds and Insurance; Option to Replace

A. If either City or Contractor has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. City and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly.

5.10 Partial Utilization, Acknowledgment of Property Insurer

A. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy.

ARTICLE 6- CONTRACTOR’S RESPONSIBILITIES

6.01 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but Contractor shall not be responsible for the negligence of City or Designer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent thereto who shall not be replaced without written notice to City and Designer except under extraordinary circumstances. The superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor.

6.02 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and Contractor will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without City’s written consent (which will not be unreasonably withheld) given after prior written notice to Designer.

6.03 Services, Materials, and Equipment

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A. Unless otherwise specified, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of City. If required by Designer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

6.04 Progress Schedule

A. Contractor shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Designer for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the Supplemental Conditions applicable thereto.

2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12.

6.05 Substitutes and Or-Equals

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required and a basis for bidding. Unless the specification or description contains or is followed by words reading that no like, equivalent, or or-equal item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Designer for review under the circumstances described below.

1. Or-Equal Items: If in Designer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Designer as an or-equal item, in which case review and approval of the proposed item may, in Designer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A. 1, a proposed item of material or equipment will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment Designer determines that (i) it is at least equal in quality, durability, appearance, strength, and design characteristics and (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and

b. Contractor certifies that (i) there is no increase in cost to the City and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents.

2. Substitute Items

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a. If in Designer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an or-equal item under paragraph 6.05.A.l, it will be considered a proposed substitute item.

b. Contractor shall submit sufficient information as provided below to allow Designer to determine that the item of proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of will not be accepted by Designer from anyone other than Contractor.

c. The procedure for review by Designer will be as set forth in paragraph 6.05.A.2.d, assupplemented in the General Requirements and as Designer may decide is appropriate under the circumstances.

d. Contractor shall first make written application to Designer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. Designer will not accept requests for review of substitute items of material and equipment from anyone other than Contractor. Upon receipt of an application for review of a substitution, Designer will determine whether the review will be more extensive than a normal shop drawing review for the specified item. If the substitution will not require a more extensive review, Designer will proceed with the review without additional cost to Contractor. If the substitution requires a more extensive review, Designer will proceed with the review only after Contractor agrees to reimburse City for the review cost. Contractor’s application shall certify that the proposed substitute item will adequately perform the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by Designer in evaluating the proposed substitute item. Designer may require Contractor at Contractor’s expense to furnish additional data about the proposed substitute item. If substitute materials or equipment are used and are less costly than the originally specified material or equipment, the net difference in cost shall benefit the City and Contractor in equal proportions. This cost difference shall not be reduced by any failure of the Contractor to base its bid on the named materials or equipment.

B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Designer. Contractor shall submit sufficient information to allow Designer, in Designer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by Designer will be similar to that provided in subparagraph 6.05.A.2.

C. Designer’s Evaluation: Designer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. Designer will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until Designer’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” Designer will advise Contractor in writing of any negative determination.

D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

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E. Designer’s Cost Reimbursement: Designer will record time required by Designer and Designer’s Consultants in evaluating substitute proposed or submitted by Contractor pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with City for work on the Project) occasioned thereby. Whether or not Designer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse City for the charges of Designer and Designer’s Consultants for evaluating each such proposed substitute.

F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense.

6.06 Concerning Subcontractors, Suppliers, and Others

A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to City as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection.

B. If the Contract documents require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to City in advance for acceptance by City by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with such requirement, City’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by City of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of City or Designer to reject defective Work.

C. Contractor shall be fully responsible to City and Designer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City or Designer and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of City or Designer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor.

E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Designer through Contractor.

F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City and Designer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against City, Contractor, Designer, Designer’s Consultants, and all other individuals or entities identified in the Supplemental Conditions to be listed as insureds or additional insureds (and the public officials, officers, directors, partners, employees, agents,

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and other consultants and subcontractors of each and any of them, as the case may be) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same.

6.07 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in theperformance of the Work or the incorporation in the Work of any invention, design, process, product, or devicewhich is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product,or device is specified in the Contract Documents for use in the performance of the Work and if, to the actualknowledge of City or Designer, its use is subject to patent rights or copyrights calling for the payment of any licensefee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. To thefullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, Designer,Designer’s Consultants, and the public officials, officers, directors, partners, employees or agents, and otherconsultants of each and any of them, from and against all claims, costs, losses, and damages (including but notlimited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitrationor other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incidentto the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process, product, or device not specified in the Contract Documents.

6.08 Permits

A. Unless otherwise provided in the Supplemental Conditions, Contractor shall obtain all constructionpermits and licenses. City shall assist Contractor, when necessary, in obtaining such permits and licenses. C shall pay all governmental charges and inspection fees necessary for the prosecutionof the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. C shall pay all charges of utility owners for connections to the Work, and all charges of such utility owners for capital costs related thereto, such as plant investment fees.

6.09 Laws and Regulations

A. Contractor shall give all notices and comply with all Laws and Regulations applicable to the performanceof the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither City norDesigner shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws orRegulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees andcharges of engineers, architects, attorneys, and other professionals and all court or arbitration or other disputeresolution costs) arising out of or relating to such Work; however, it shall not be Contractor’s primary responsibilityto make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall notrelieve Contractor of Contractor’s obligations under paragraph 3.03.

C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of theAgreement if there were no Bids) having an effect on the cost or time of performance of the Work may be thesubject of an adjustment in Contract Price or Contract Times. If City and Contractor are unable to agree onentitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as providedin paragraph 10.05.

6.10 Taxes

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor inaccordance with applicable Laws and Regulations during the performance of the Work.

6.11 Use of Site and Other Areas

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A. Limitation on Use of Site and Other Areas

1. Contractor shall confine construction equipment, the storage of materials and equipment, and theoperations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

2. Should any claim be made by any such owner or occupant because of the performance of theWork, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law.

3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and holdharmless City, Designer, Designer’s Consultant, and the public officials, officers, directors, partners, employees, agents, and other consultants of each and any of them, as the case may be from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City, Designer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work or any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable.

B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shallkeep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal anddisposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and make it ready forutilization by City. At the completion of the Work Contractor shall remove from the Site all tools, appliances,construction equipment and machinery, and surplus materials and shall restore to original condition all property notdesignated for alteration by the Contract Documents.

D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in anymanner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property tostresses or pressures that will endanger it.

6.12 Record Documents

A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications,Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretationsand clarifications in good order and annotated to show changes made during construction. These record documentstogether with all approved Samples and a counterpart of all approved Shop Drawings will be available to Designerfor reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will bedelivered to City.

6.13 Safety and Protection

A. Contractor shall be solely responsible initiating, maintaining and supervising all safety precautions andprograms in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shallprovide the necessary protection to prevent damage, injury or loss to:

1. all persons on the Site or who may be affected by the Work;

2. all the Work and materials and equipment to be incorporated therein, whether in storage on or offthe Site; and

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3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.

B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons orproperty, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain allnecessary safeguards for such safety and protection.

C. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility ownerswhen prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation,and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any otherindividual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whoseacts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault ofDrawings or Specifications or to the acts or omissions of City or Designer or Designer’s Consultant, or anyoneemployed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly orindirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or otherindividual or entity directly or indirectly employed by any of them). Contractor’s duties and responsibilities forsafety and for protection of the Work shall continue until such time as all the Work is completed and Designer hasissued a notice to City and Contractor in accordance with paragraph 14.07.B that the Work is acceptable (except asotherwise expressly provided in connection with Substantial Completion).

6.14 Safety Representative

A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties andshall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

6.15 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazardcommunication information required to be made available to or exchanged between or among employers at the Sitein accordance with Laws or Regulations.

6.16 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacentthereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Designerprompt written notice if Contractor believes that any significant changes in the Work or variations from the ContractDocuments have been caused thereby or are required as a result thereof. If Designer determines that a change in theContract Documents is required because of the action taken by Contractor in response to such an emergency, a WorkChange Directive or Change Order will be issued.

6.17 Shop Drawings and Samples

A. Contractor shall submit Shop Drawings to Designer for review and approval in accordance with theacceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as Designer mayrequire and in the number of copies specified in the General Requirements. The data shown on the Shop Drawingswill be complete with respect to quantities, dimensions, specified performance and design criteria, materials, andsimilar data to show Designer the services, materials, and equipment Contractor proposes to provide and to enableDesigner to review the information for the limited purposes required by paragraph 6.7.E.

B. Contractor shall also submit Samples to Designer for review and approval in accordance with theacceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material,Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as Designer may

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require to enable Designer to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications.

C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of ShopDrawings and Sample submittals acceptable to Designer as required by paragraph 2.07, any related Work performedprior to Designer’s review and approval of the pertinent submittal will be at the sole expense and responsibility ofContractor.

D. Submittal Procedures

1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified:

a. all field measurements, quantities, dimensions, specified performance criteria, installationrequirements, materials, catalog numbers, and similar information with respect thereto;

b. all materials with respect to intended use, fabrication, shipping, handling, storage,assembly, and installation pertaining to the performance of the Work;

c. all information relative to means, methods, techniques, sequences, and procedures ofconstruction and safety precautions and programs incident thereto; and

d. Contractor shall also have reviewed and coordinated each Shop Drawing or Sample withother Shop Drawings and Samples and with the requirements of the Work and the Contract Documents.

2. Each submittal shall bear a stamp or specific written indication that Contractor has satisfiedContractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal.

3. At the time of each submittal, Contractor shall give Designer specific written notice of suchvariations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to Designer for review and approval of each such variation.

E. Designer’s Review

1. Designer will timely review and approve Shop Drawings and Samples in accordance with theschedule of Shop Drawings and Sample submittals acceptable to Designer. Designer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Designer’s review and approval will not extend to means, methods, techniques, sequences, orprocedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. Designer’s review and approval of Shop Drawings or Samples shall not relieve Contractor fromresponsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Designer’s attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and Designer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by Designer relieve Contractor from responsibility for complying with the requirements of paragraph 6.17.D.1.

F. Resubmittal Procedures

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1. Contractor shall make corrections required by Designer and shall return the required number ofcorrected copies of Shop Drawings and submit as required new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Designer on previous submittals.

6.18 Continuing the Work

A. Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreementswith City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except aspermitted by paragraph 15.04 or as City and Contractor may otherwise agree in writing.

6.19 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to City, Designer, and Designer’s Consultants that all Work will be inaccordance with the Contract Documents and will not be defective. The Uniform Commercial Code warranties ofmerchantability and fitness for the particular purpose shall apply and be made a part hereof. All work and materials under the Contract shall be guaranteed by Contractor against mechanical and physical defects, breakage,and other damages and failure, under normal operation, for a period of one (1) year from the date of final acceptance or the date of installation thereof, whichever shall be later. All work or materials found to be defective from routine, normal operation within the guarantee period shall be promptly replaced by theContractor at its own cost and expense.

Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub-contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. normal wear and tear under normal usage.

B. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documentsshall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with theContract Documents or a release of Contractor’s obligation to perform the Work in accordance with the ContractDocuments:

1. observations by Designer;

2. recommendation by Designer or payment by City of any progress or final payment;

3. the issuance of a certificate of Substantial Completion by Designer or any payment related theretoby City;

4. use or occupancy of the Work or any part thereof by City;

5. any acceptance by City or any failure to do so;

6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice ofacceptability by Designer;

7. any inspection, test, or approval by others; or

8. any correction of defective Work by City.

6.20 Indemnification

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A. Contractor will indemnify and hold harmless City, its officers and employees, from liability, damages, losses and costs, including but not limited to reasonable attorneys’ fees, resulting from any and all claims, actions or suits to the extent caused by the negligence, recklessness or intentional wrongful conduct of the Conractor and other persons or firms employed or utilized by the Contractor in the performance of services under the Agreement in an amount of One Million Dollars ($1,000,000) per occurrence as provided for by Sections 725.06 and 725.08 Florida Statutes, as amended. The parties agree that the indemnification amount bears a reasonable commercial relationship to the Agreement because it represents the minimum indemnification amount provided in Section 725.06, Florida Statutes, as amended. The specific considerations given for the promises of Contractor set forth in this paragraph are the employment of Contractor pursuant to the Agreement, other good and valuable considerations and Ten Dollars ($10.00) in hand paid by the City to Contractor, receipt whereof is hereby acknolwedged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the City. Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes, as amended. Notwithstanding the provisions of this section, nothing contained herein shall be construed as a waiver of any immunity from, or limitation of liability the City has under the Doctrine of Sovereign Immunity in general or under Section 768.28, Florida Statutes, as amended. In no event will the City, its officers and employees, be liable to pay a claim or judgment which exceeds the sum of One Hundred Thousand Dollars ($100,000), or any claim or judgment, or portion thereof, which when totaled with all other claims or judgments paid and that arose out of the same incidence or occurrence, exceeds the sum of Two Hundred Thousand Dollars ($200,000). The parties intend for these dollar amounts to be a contractual limitation on the City’s liability.

ARTICLE 7-OTHER WORK

7.01 Related Work at Site

A. City may perform other work related to the Project at the Site by City’s employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then:

1. written notice thereof will be given to Contractor prior to starting any such other work; and

2. if City and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05.

B. Contractor shall afford each other contractor who is a party to such a direct contract and each utility owner (and City, if City is performing the other work with City’s employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Designer and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between City and such utility owners and other contractors.

C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Designer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

7.02 Coordination

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A. If City intends to contract with others for the performance of other work on the Project at the Site, thefollowing will be set forth in Supplemental Conditions:

1. the individual or entity who will have authority and responsibility for coordination of the activitiesamong the various contractors will be identified;

2. the specific matters to be covered by such authority and responsibility will be itemized; and

3. the extent of such authority and responsibilities will be provided.

B. Unless otherwise provided in the Supplemental Conditions, City shall have sole authority and responsibilityfor such coordination.

ARTICLE 8- CITY’S RESPONSIBILITIES

8.01 Communications to Contractor

A. Except as otherwise provided in these General Conditions, City shall issue all communications toContractor through Designer.

8.02 Replacement of Designer

A. In case of termination of the employment of Designer, City shall appoint a designer to whom Contractormakes no reasonable objection, whose status under the Contract Documents shall be that of the former Designer.

8.03 Furnish Data

A. City shall promptly furnish the data required of City under the Contract Documents.

8.04 Pay Promptly When Due

A. City shall make payments to Contractor promptly when they are due as provided in paragraphs l4.02.C andl4.07.C.

8.05 Lands and Easements; Reports and Tests

A. City’s duties in respect of providing lands and easements and providing engineering surveys to establishreference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s identifying and makingavailable to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physicalconditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have beenutilized by Designer in preparing the Contract Documents.

8.06 Insurance

A. City’s responsibilities, if any, in respect to purchasing and maintaining liability and property insurance areset forth in Article 5.

8.07 Change Orders

A. City is obligated to execute Change Orders as indicated in paragraph 10.03.

8.08 Inspections, Tests, and Approvals

A. City’s responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B.

8.09 Limitations on City’s Responsibilities

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A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’smeans, methods, techniques, sequences, or procedures of construction, or the safety precautions and programsincident thereto, nor for any failure of Contractor to comply with Laws and Regulations applicable to theperformance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordancewith the Contract Documents.

8.10 Undisclosed Hazardous Environmental Condition

A. City’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth inparagraph 4.06.

ARTICLE 9- DESIGNER’S STATUS DURING CONSTRUCTION

9.01 City’s Representative

A. Designer will be City’s representative during the construction period. The duties and responsibilities andthe limitations of authority of Designer as City’s representative during construction are set forth in the ContractDocuments and will not be changed without written consent of City and Designer.

9.02 Visits to Site

A. Designer will make visits to the Site at intervals appropriate to the various stages of construction asnecessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’sexecuted Work. Based on information obtained during such visits and observations, Designer, for the benefit ofCity, will determine, if the Work is proceeding in accordance with the Contract Documents. Except as otherwiseprovided, Designer will not be required to make exhaustive or continuous inspections on the Site to check thequality or quantity of the Work.

9.03 Project Representative

A. If City and Designer agree, Designer will furnish a Resident Project Representative to assist Designer inproviding more extensive observation of the Work. The responsibilities and authority and limitations thereon of anysuch Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the SupplementalConditions. If City designates another representative or agent to represent City at the Site who is not Designer’sConsultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual orentity will be as provided in the Supplemental Conditions.

9.04 Clarifications and Interpretations

A. Designer will issue with reasonable promptness such written clarifications or interpretations of the require-ments of the Contract Documents as Designer may determine necessary, which shall be consistent with the intent ofand reasonably inferable from the Contract Documents. Such written clarifications and interpretations will bebinding on City and Contractor. If City and Contractor are unable to agree on entitlement to or on the amount orextent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a resultof a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05.

9.05 Authorized Variations in Work

A. Designer may authorize minor variations in the Work from the requirements of the Contract Documentswhich do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the designconcept of the completed Project as a functioning whole as indicated by the Contract Documents. These may beaccomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Workinvolved promptly. If City and Contractor are unable to agree on entitlement to or on the amount or extent, if any, ofany adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be madetherefor as provided in paragraph 10.05.

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9.06 Rejecting Defective Work

A. Designer will have authority to disapprove or reject Work which Designer believes to be defective, or thatDesigner believes will not produce a completed Project that conforms to the Contract Documents or that willprejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by theContract Documents. Designer will also have authority to require special inspection or testing of the Work asprovided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed.

9.07 Shop Drawings, Change Orders and Payments

A. In connection with Designer’s authority as to Shop Drawings and Samples, see paragraph 6.17.

B. In connection with Designer’s authority as to Change Orders, see Articles 10, 11, and 12.

C. In connection with Designer’s authority as to Applications for Payment, see Article 14.

9.08 Determinations for Unit Price Work

A. Designer will determine the actual quantities and classifications of Unit Price Work performed byContractor. Designer will review its preliminary determinations on such matters with Contractor before rendering awritten decision thereon (by recommendation of an Application for Payment or otherwise). Designer’s writtendecision thereon will be final and binding (except as modified by Designer to reflect changed factual conditions ormore accurate data) upon City and Contractor, subject to the provisions of paragraph 10.05.

9.09 Decisions on Requirements of Contract Documents and Acceptability of Work

Designer will be the initial interpreter of the requirements of the Contract Documents and judge of theacceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work,the quantities and classifications of Unit Price Work, the interpretation of the requirements of the ContractDocuments pertaining to the performance of the Work, and Claims seeking changes in the Contract Price orContract Times will be referred initially to Designer in writing, in accordance with the provisions of paragraph10.05, with a request for a formal decision.

When functioning as interpreter and judge under this paragraph 9.09, Designer will not showpartiality to City or Contractor and will not be liable on the basis an alleged impartiality in connection with anyinterpretation or decision rendered in good faith in such capacity. The rendering of a decision by Designer pursuantto this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by City or Contractor of such rights or remedies as either may otherwise have under the ContractDocuments or by Laws or Regulations in respect of any such Claim, dispute, or other matter.

9.10 Limitations on Designer’s Authority and Responsibilities

A. Neither Designer’s authority or responsibility under this Article 9 or under any other provision of theContract Documents nor any decision made by Designer in good faith either to exercise or not exercise suchauthority or responsibility or the undertaking, exercise, or performance of any authority or responsibility byDesigner shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Designer to Contractor,any Subcontractor, any Supplier, or to any surety for or employee or agent of any of them.

B. Except as otherwise provided, Designer will not supervise, direct, control, or have authority over or beresponsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safetyprecautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulationsapplicable to the performance of the Work.

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C. Designer will not be responsible for either Contractor’s failures, in and of themselves, to perform the Workin accordance with the Contract Documents or for the acts or omissions of Contractor or of any Subcontractor, anySupplier, or of any other individual or entity performing any of the Work.

D. Designer’s review of the final Application for Payment and accompanying documentation and all mainte-nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, andother documentation required to be delivered by paragraph 14.07.A will only be to determine that they comply withthe requirements of, and in the case of certificates of inspections, tests, and approvals that the results certifiedindicate compliance with, the Contract Documents.

E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply toDesigner’s Consultants, Resident Project Representative, and assistants, except as otherwise provided.

ARTICLE 10- CHANGES IN THE WORK; CLAIMS

10.01 Authorized Changes in the Work

A. Without invalidating the Agreement and without notice to any surety, City may, at any time or from time totime, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a WorkChange Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involvedwhich will be performed under the applicable conditions of the Contract Documents (except as otherwisespecifically provided).

B. If City and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of anadjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work ChangeDirective, a Claim may be made therefor as provided in paragraph 10.05.

10.02 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Timeswith respect to any work performed that is not required by the Contract Documents as amended, modified, orsupplemented as provided in paragraph 3.04, except in the case of uncovering Work as provided in paragraph13.04.B. The Contractor shall make no claim for extra work unless the City in writing and in advance of the workhas approved as provided herein, except in the case of an emergency as provided in paragraph 6.16.

10.03 Execution of Change Orders

A. City and Contractor shall execute appropriate Change Orders recommended by Designer (or WrittenAmendments) covering:

1. changes in the Work which are: (i) ordered by City pursuant to paragraph 10.01.A, (ii) requiredbecause of acceptance of defective Work under paragraph 13.08.A or City’s correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties;

2. changes in the Contract Price or Contract Times which are agreed to by the parties, including anyundisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and

3. changes in the Contract Price or Contract Times which embody the substance of any writtendecision rendered by Designer pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A.

10.04 Notification to Surety

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A. If notice of any change affecting the general scope of the Work or the provisions of the ContractDocuments (including, but not limited to, Contract Price or Contract Times) is required by the provisions of anyBond to be given to a surety, the giving of any such notice will be Contractor’s responsibility. The amount of eachapplicable Bond will be adjusted to reflect the effect of any such change.

10.05 Claims and Disputes

A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be deliveredby the claimant to Designer and the other party to the Contract promptly (but in no event later than 30 days) after thestart of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter withsupporting data shall be delivered to the Designer and the other party to the Contract within 60 days after the start ofsuch event (unless Designer allows additional time for claimant to submit additional or more accurate data insupport of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared inaccordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be preparedin accordance with the provisions of paragraph 12.02.B. The entire adjustment to which the claimant believes it isentitled as a result of said event shall be presented with the claim and the claim should so state. The opposing partyshall submit any response to Designer and the claimant within 30 days after receipt of the claimant’s last submittal(unless Designer allows additional time).

B. Designer’s Decision: Designer will render a formal decision in writing within 30 days after receipt of thelast submittal of the claimant or the last submittal of the opposing party, if any. Designer’s written decision on suchClaim, dispute, or other matter will be final and binding upon City and Contractor unless:

1. an appeal from Designer’s decision is taken within the time limits and in accordance with thedispute resolution procedures set forth in Article 16; or

2. if no such dispute resolution procedures have been set forth in Article 16, a written notice ofintention to appeal from Designer’s written decision is delivered by City or Contractor to the other and to Designer within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by City and Contractor), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations.

C. If Designer does not render a formal decision in writing within the time stated in paragraph l0.05.B, adecision denying the Claim in its entirety shall be deemed to have been made and issued 31 days after receipt of thelast submittal of the claimant or the last submittal of the opposing party, if any.

D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if notsubmitted in accordance with this paragraph 10.05.

ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK

11.01 Cost of the Work

A. Costs Included: Cost of the Work means the sum of all costs necessarily and actually incurred and paid byContractor in the proper performance of the Work. When the value of any Work covered by a Change Order orwhen a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to bereimbursed to Contractor will be only those additional or incremental costs required because of the change in theWork or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by City, suchcosts shall be in amounts no higher than those prevailing in the locality of the Project, shall include only thefollowing items, and shall not include any of the costs itemized in paragraph 11.01.B.

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Workunder schedules of job classifications agreed upon by City and Contractor. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees

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not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by City.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs oftransportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to City, and Contractor shall make provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Ifrequired by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, which will then determine, with the advice of Designer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this paragraph 11.01.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories,surveyors, attorneys, and accountants) employed for services specifically related to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses ofContractor’s employees incurred in discharge of duties directly related to the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment,machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.

c. Rentals of all construction equipment and machinery, and the parts thereof whetherrented from Contractor or others in accordance with rental agreements approved by City with the advice of Designer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for whichContractor is liable, imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, oranyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, notcompensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

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h. Minor expenses such as telegrams, long distance telephone calls, telephone service at theSite, expressage, and similar petty cash items in connection with the Work.

i. When the Cost of the Work is used to determine the value of a Change Order or of aClaim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim.

j. When all the Work is performed on the basis of cost-plus, the costs of premiums for allBonds and insurance Contractor is required by the Contract Documents to purchase and maintain.

B. Costs Excluded: Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, directors, executives, principals (ofpartnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed forthe Work and charges against Contractor for delinquent payments.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectlyemployed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not specifically andexpressly included in paragraphs 11.01.A and 11.01.B.

C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall bedetermined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claimfor an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall bedetermined as set forth in paragraph 12.01.C.

D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant toparagraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generallyaccepted accounting practices and submit in a form acceptable to Designer an itemized cost breakdown togetherwith supporting data.

11.02 Cash Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the ContractDocuments and shall cause the Work so covered to be performed for such sums as may be acceptable to City andDesigner. Contractor agrees that:

1. the allowances include the cost to Contractor (less any applicable trade discounts) of materials andequipment required by the allowances to be delivered at the Site, and all applicable taxes; and

2. Contractor’s costs for unloading and handling on the Site, labor, installation costs, overhead,profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

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B. Prior to final payment, an appropriate Change Order will be issued as recommended by Designer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

11.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Designer subject to the provisions of paragraph 9.08.

B. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Any pay items for which a specific item is not included shall be included in the price of the pay item to which it pertains or is associated. Any items not shown or omitted that are required for a complete installation shall be furnished and installed by the Contractor at no additional cost to the City. The prices shall include all labor, materials, tools, equipment required to complete the work.

C. City or Contractor may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if:

1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;

2. there is no corresponding adjustment with respect any other item of Work; and

3. if Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or City believes that City is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease.

ARTICLE 12- CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.01 Change of Contract Price

A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Designer and the other party to the Contract in accordance with the provisions of paragraph 10.05.

B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03); or

2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2) or

3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.B.2; on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in paragraph 12.01.C).

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C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the variousportions of the Cost of the Work:

a. for costs incurred under paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shallbe 15 percent;

b. for costs incurred under paragraph 11.01.A.3, the Contractor’s fee shall be 5 percent;

c. where one or more tiers of subcontracts are the basis of Cost of the Work plus a fee andno fixed fee is agreed upon, the intent of paragraph 12.01.C.2.A is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1. and 11.01.A.2 and that any higher tier Subcontractor and the Contractor will each be paid a fee of 5 percent of the amount paid to the next lower tier Subcontractor;

d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4.11.01.A.5., and 11.01.B.;

e. the amount of credit to be allowed by Contractor to City for any change which results in anet decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are involved in any one change, the adjustment inContractor’s fee shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a. - e., inclusive.

12.02 Change of Contract Times

A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment.Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by theparty making the claim to the Designer and the other party to the Contract in accordance with the provisions ofparagraph 10.05; provided that, authorization of an extension or adjustment of time shall not constitute a waiver ofliquidated damages.

B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for anadjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of thisArticle 12.

12.03 Delays Beyond Contractor’s Control

A. Where Contractor is prevented from completing any part of the Work within the Contract Times (orMilestones) due to delay beyond the control of Contractor, the Contract Times (or Milestones) will be extended inan amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph l2.02.A.Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglectof utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics,abnormal weather conditions, or acts of God.

12.04 Delays Within Contractor‘s Control

A. The Contract Times (or Milestones) will not be extended due to delays within the control of Contractor.Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within thecontrol of Contractor.

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12.05 Delays Beyond City’s and Contractor’s Control

A. Where Contractor is prevented from completing any part of the Work within the Contract Times (orMilestones) due to delay beyond the control of both City and Contractor, an extension of the Contract Times (orMilestones) in an amount equal to the time lost due to such delay shall be Contractor’s sole and exclusive remedyfor such delay. Contractor shall not be entitled to additional compensation by reason of such delay.

12.06 Delay Damages

A. In no event shall City or Designer be liable to Contractor, any Subcontractor, any Supplier, or any otherperson or organization, or to any surety for or employee or agent of any of them, for damages arising out of orresulting from:

1. delays caused by or within the control of Contractor; or

2. delays beyond the control of both City and Contractor including, but not limited to fires, floods,epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7.

B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensateContractor due to delay, interference, or disruption directly attributable to actions or inactions of City or anyone forwhom City is responsible.

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

13.01 Notice of Defects

A. Prompt notice of all defective Work of which City or Designer has actual knowledge will be given toContractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13.

13.02 Access to Work

A. City, Designer, Designer’s Consultants, other representatives and personnel of City, independent testinglaboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work atreasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safeconditions for such access and advise them of Contractor’s Site safety procedures and programs so that they maycomply therewith as applicable.

13.03 Tests and Inspections

A. Contractor shall give Designer timely notice of readiness of the Work for all required inspections, tests, orapprovals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

B. City shall employ and pay for the services of an independent testing laboratory to perform all inspections,tests, or approvals required by the Contract Documents except:

1. for inspections, tests, or approvals covered by paragraphs 13.03.C. and 13.03.D. below;

2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph13.04.B shall be paid as provided in said paragraph 13.04.B.; and

3. as otherwise specifically provided in the Contract Documents.

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C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Designer with the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for City’s and Designer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to City and Designer.

E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Designer, it must, if requested by Designer, be uncovered for observation.

F. Uncovering Work as provided in paragraph l3.03.E. shall be at Contractor’s expense unless Contractor has given Designer timely notice of Contractor’s intention to cover the same and Designer has not acted with reasonable promptness in response to such notice.

13.04 Uncovering Work

A. If any Work is covered contrary to the written request of Designer, it must, if requested by Designer, be uncovered for Designer’s observation and replaced at Contractor’s expense.

B. If Designer considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others, Contractor, at Designer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Designer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, Contractor shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and City shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, City may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, a Claim may be made therefore as provided in paragraph 10.05.

13.05 City May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

13.06 Correction or Removal of Defective Work

A. Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Designer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others).

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13.07 Correction Period

A. If within one year after the date of Substantial Completion or such longer period of time as may beprescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the ContractDocuments or by any specific provision of the Contract Documents, any Work is found to be defective, or if therepair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws andRegulations as contemplated in paragraph 6.11.A. is found to be defective, Contractor shall promptly, without costto City and in accordance with City’s written instructions: (i) repair such defective land or areas, (ii) correct suchdefective Work or, if the defective Work has been rejected by City, remove it from the Project and replace it withWork that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. If Contractor does not promptly comply with theterms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City mayhave the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, andother professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to suchcorrection or repair or such removal and replacement (including but not limited to all costs of repair or replacementof work of others) will be paid by Contractor.

B. In special circumstances where a particular item of equipment is placed in continuous service beforeSubstantial Completion of all the Work, the correction period for that item may start to run from an earlier date if soprovided in the Specifications or by Written Amendment.

C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed andreplaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended foran additional period of one year after such correction or removal and replacement has been satisfactorily completed.

D. Contractor’s obligations under this paragraph 13.07 are in addition to any other obligation or warranty.The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of anyapplicable statute of limitation or repose.

13.08 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, City (and, prior toDesigner’s recommendation of final payment, Designer) prefers to accept it, City may do so. Contractor shall payall Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’sevaluation of and determination to accept such defective Work (such costs to be approved by Designer as toreasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to thissentence. If any such acceptance occurs prior to Designer’s recommendation of final payment, a Change Order willbe issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shallbe entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. Ifthe parties are unable to agree as to the amount thereof, City may make a Claim therefor as provided in paragraph10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor toCity.

13.09 City May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Designer to correct defective Work orto remove and replace rejected Work as required by Designer in accordance with paragraph 13.06.A, or ifContractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to complywith any other provision of the Contract Documents, City may, after seven days written notice to Contractor, correctand remedy any such deficiency.

B. In exercising the rights and remedies under this paragraph, City shall proceed expeditiously. Inconnection with such corrective and remedial action, City may exclude Contractor from all or part of the Site, takepossession of all or part of the Work and suspend Contractor’s services related thereto, take possession of

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Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City’s representatives, agents and employees, City’s other contractors, and Designer and Designer’s Consultants access to the Site to enable City to exercise the rights and remedies under this paragraph.

C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred orsustained by City in exercising the rights and remedies under this paragraph 13.09 will be charged againstContractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents withrespect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. If the parties areunable to agree as to the amount of the adjustment, City may make a Claim therefor as provided in paragraph 10.05.Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of workof others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times (or Milestones) because of any delay inthe performance of the Work attributable to the exercise by City of City’s rights and remedies under this paragraph13.09.

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 Schedule of Values

A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progresspayments and will be incorporated into a form of Application for Payment acceptable to Designer. Progresspayments on account of Unit Price Work will be based on the number of units completed.

14.02 Progress Payments

A. Applications for Payments

1. At least 20 days before the date established for each progress payment (but not more than once amonth), Contractor shall submit to Designer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. Such application shall be notarized. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect City’s interest therein, all of which must be satisfactory to City.

2. Beginning with the second Application for Payment, each Application shall include an affidavit ofContractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

B. Review of Applications

1. Designer will, within 10 days after receipt of each Application for Payment, either indicate inwriting a recommendation of payment and present the Application to City or return the Application to Contractor indicating in writing Designer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.

2. Designer’s recommendation of any payment requested in an Application for Payment willconstitute a representation by Designer to City, based on Designer’s observations on the Site of the executed Work

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as an experienced and qualified design professional and on Designer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Designer’s knowledge, information and belief:

a. the Work has progressed to the point indicated;

b. the quality of the Work is in accordance with the Contract Documents (subject to anevaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to havebeen fulfilled.

3. Designer’s recommendation of payment shall not be deemed to be a representation that (i)inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, beyond the responsibilities of the Designer, as set forth in the Contract Documents, or (ii) that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor.

4. Except as otherwise provided, Designer’s review of Contractor’s Work for the purposes of recom-mending payments, including final payment, and the making of such recommendation shall not of themselves: make Designer responsible to supervise, direct, or control the work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work; to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract price; or to determine that title to any of the work, materials or equipment has passed to City, free and clear of any liens. materials, or equipment has passed to City free and clear of any Liens.

5. Designer may refuse to recommend the whole or any part of any payment if, in Designer’sopinion, it would be incorrect to make the representations to City referred to in paragraph 14.02.B.2. Until defective work is satisfactorily corrected, Designer will assign a value to such work and retain that amount from any payments that may be due Contractor. Designer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Designer’s opinion to protect City from loss because:

a. the Work is defective, or completed Work has been damaged, requiring correction orreplacement;

b. the Contract Price has been reduced by Written Amendment or Change Orders;

c. City has been required to correct defective Work or complete Work in accordance withparagraph 13.09;

d. Designer has actual knowledge of the occurrence of any of the events numerated in para-graph 15.02.A.

e. third party claims have been filed or reasonable evidence indicates the probable filing ofsuch claims, unless security acceptable to City is provided by the Contractor.

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

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g. reasonable evidence that the Work cannot be completed for the unpaid balance of theContract sum;

h. damage to the City or another Contractor;

i. reasonable evidence that the Work will not be completed within the Contract time andthat the unpaid balance would not be adequate to cover actual liquidated damages for the anticipated delay; or

j. persistent failure to carry out the Work in accordance with the Contract documents.

C. Payment Becomes Due

1. Ten days after presentation of the Application for Payment to City with Designer’s recom-mendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by City to Contractor.

D. Reduction in Payment

1. City may refuse to make payment of the full amount recommended by Designer because:

a. claims have been made against City on account of Contractor’s performance orfurnishing of the Work;

b. Liens have been filed in connection with the Work, except where Contractor hasdelivered a specific Bond satisfactory to City to secure the satisfaction and discharge of such Liens;

c. there are other items entitling City to a set-off against the amount recommended; or

d. City has actual knowledge of the occurrence of any of the events enumerated inparagraphs l4.02.B.5.a through 14.02.B.5.j or paragraph 15.02.A.

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

3. If it is subsequently determined that City’s refusal of payment was not justified, the amountwrongfully withheld shall be treated as an amount due as determined by paragraph l4.02.C.l.

14.03 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by anyApplication for Payment, whether incorporated in the Project or not, will pass to City free and clear of all Liens, nolater than the time of payment.

14.04 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use, Contractor shall notify City andDesigner in writing that the entire Work is substantially complete (except for items specifically listed by Contractoras incomplete) and request that Designer issue a certificate of Substantial Completion. Promptly thereafter, City,Contractor, and Designer shall make an inspection of the Work to determine the status of completion. If Designerdoes not consider the Work substantially complete, Designer will notify Contractor in writing giving the reasonstherefor. If Designer considers the Work substantially complete, Designer will prepare and deliver to City a tentativecertificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to

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the certificate a tentative list of items to be completed or corrected before final payment. City shall have seven days after receipt of the tentative certificate during which to make written objection to Designer as to any provisions of the certificate or attached list. If, after considering such objections, Designer concludes that the Work is not substantially complete, Designer will within 14 days after submission of the tentative certificate to City notify Contractor in writing, stating the reasons therefor. If, after consideration of City’s objections, Designer considers the Work substantially complete, Designer will within said 14 days execute and deliver to City and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Designer believes justified after consideration of any objections from City. At the time of delivery of the tentative certificate of Substantial Completion Designer will deliver to City and Contractor a written recommendation as to division of responsibilities pending final payment between City and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless City and Contractor agree otherwise in writing and so inform Designer in writing prior to Designer’s issuing the definitive certificate of Substantial Completion, Designer’s aforesaid recommendation will be binding on City and Contractor until final payment.

B. City shall have the right to exclude Contractor from the Site after the date of Substantial Completion, but City shall allow Contractor reasonable access to complete or correct items on the tentative list.

14.05 Partial Utilization

A. Use by City at City’s option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, Designer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions.

1. City at any time may request Contractor in writing to permit City to use any such part of the Work which City believes to be ready for its intended use and substantially complete. If Contractor agrees that such part of the Work is substantially complete, Contractor will certify to City and Designer that such part of the Work is substantially complete and request Designer to issue a certificate of Substantial Completion for that part of the Work. Contractor at any time may notify City and Designer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Designer to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, City, Contractor, and Designer shall make an inspection of that part of the Work to determine its status of completion. If Designer does not consider that part of the Work to be substantially complete, Designer will notify City and Contractor in writing giving the reasons therefor. If Designer considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance.

14.06 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Designer will promptly review final tests and make a final inspection with City. If this reveals defective work, Contractor and will notify Contractor in writing of all particulars in which the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such work or remedy such deficiencies, after which Designer shall conduct additional tests and inspections.

14.07 Final Payment

A. Application for Payment

1. After Contractor has, in the opinion of Designer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and

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operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments.

2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved byCity, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which City or City’s property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to City to indemnify City against any Lien.

B. Review of Application and Acceptance

1. If, on the basis of Designer’s observation of the Work during construction and final inspection, and Designer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Designer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Designer will, within ten days after receipt of the final Application for Payment, indicate in writing Designer’s recommendation of payment and present the Application for Payment to City for payment. At the same time Designer will also give written notice to City and Contractor that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, Designer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

C. Payment Becomes Due

1. Thirty days after the presentation to City of the Application for Payment and accompanying docu-mentation, the amount recommended by Designer will become due and, when due, will be paid by City to Contractor.

14.08 Final Completion Delayed

A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Designer so confirms, City shall, upon receipt of Contractor’s final Application for Payment and recommendation of Designer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01,the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Designer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

14.09 Waiver of Claims

A. The making and acceptance of final payment will constitute:

1. a waiver of all Claims by City against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and

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2. a waiver of all Claims by Contractor against City other than those previously made in writingwhich are still unsettled.

ARTICLE 15-SUSPENSION OF WORK AND TERMINATION

15.01 City May Suspend Work

A. At any time and without cause, City may suspend the Work or any portion thereof for a period of not morethan 90 consecutive days by notice in writing to Contractor and Designer which will fix the date on which Work willbe resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be allowed an adjustment in theContract Price or an extension of the Contract Times, or both, directly attributable to any such suspension ifContractor makes a Claim therefor as provided in paragraph 10.05.

15.02 City May Terminate for Cause

A. The occurrence of any one or more of the following events will justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04);

2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;

3. Contractor’s disregard of the authority of Designer; or

4. Contractor’s substantial violation of any provisions of the Contract Documents.

5. Contractor’s failure to make payment to Subcontractors for materials or labor in accordance withthe respective agreements between the Contractor and its Subcontractors.

B. If one or more of the events identified in paragraph 15.02.A occur, City may, after giving Contractor (andthe surety, if any) seven days written notice, terminate the services of Contractor, exclude Contractor from the Site,and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery atthe Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor fortrespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which City haspaid Contractor but which are stored elsewhere, and finish the Work as City may deem expedient. In such case,Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance ofthe Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)sustained by City arising out of or relating to completing the Work, such excess will be paid to Contractor. If suchclaims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to City. Suchclaims, costs, losses, and damages incurred by City will be reviewed by Designer as to their reasonableness and,when so approved by Designer, incorporated in a Change Order. When exercising any rights or remedies under thisparagraph, City shall not be required to obtain the lowest price for the Work performed.

C. Where Contractor’s services have been so terminated by City, the termination will not affect any rights orremedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment ofmoneys due Contractor by City will not release Contractor from liability.

15.03 City May Terminate For Convenience

A. Upon seven days written notice to Contractor and Designer, City may, without cause and without prejudiceto any other right or remedy of City, elect to terminate the Contract. In such case, Contractor shall be paid (withoutduplication of any items):

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1. for completed and acceptable Work executed in accordance with the Contract Documents prior tothe effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. for expenses sustained prior to the effective date of termination in performing services andfurnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

3. for all claims, costs, losses, and damages (including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and

4. for reasonable expenses directly attributable to termination.

B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic lossarising out of or resulting from such termination.

15.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, the Work is suspended for more than 90 consecutive days by Cityor under an order of court or other public authority, or Designer fails to act on any Application for Payment within30 days after it is submitted, or City fails for 30 days to pay Contractor any sum finally determined to be due, thenContractor may, upon 14 days written notice to City and Designer, and provided City or Designer do not remedysuch suspension or failure within that time, terminate the Contract and recover from City payment on the same termsas provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right orremedy, if Designer has failed to act on an Application for Payment within 30 days after it is submitted, or City hasfailed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 14 days after writtennotice to City and Designer, stop the Work until payment is made of all such amounts due Contractor, includinginterest thereon. The provisions of this paragraph 15.04 are not intended to preclude Contractor from making aClaim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses ordamage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

15.05 Contingent Assignment of Subcontracts

A. Each Subcontractor agreement for a portion of the Work is assigned by the Contractor to the City providedthat:

1. Assignment shall be effective only after the termination of the Contract by the City for causepursuant to paragraph 15.02, and only for those Subcontract agreements which the City accepts by notifying the Subcontractor and Contractor in writing; and

2. Assignment shall be subject to the prior rights of the surety, if any, obligated under bond, relatingto the Contract. Upon such assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractors’ compensation shall be equitably adjusted for increases in cost resulting from the suspension.

ARTICLE 16- DISPUTE RESOLUTION

16.01 Methods and Procedures

A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplemental Conditions. Ifno method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, City andContractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or byLaws or Regulations in respect of any dispute.

16.02 Claims for Consequential Damages

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A. The Contractor and City waive claims against each other for consequential damages arising out of, orrelating to this Contract. This mutual waiver includes:

1. Damages incurred by the City for rental expenses, for losses of use and for loss of management oremployee productivity or of services of such persons; and

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

B. The above Mutual Waiver is applicable without limitation to all consequential damage due to either party’stermination in accordance with Article 15. Nothing contained in this subparagraph 16.02, shall be deemed topreclude an award of liquidated damages, when applicable, in accordance with requirements of the Contractdocuments.

ARTICLE 17 - MISCELLANEOUS

17.01 Notices. All notices, consents, requests, instructions, approvals, and other communications provided for herein and all legal process in regard hereto shall be validly given, made or served, if in writing and delivered personally, sent by registered or certified mail (return receipt requested), postage prepaid, or legibly transmitted by facsimile and promptly confirmed by mail, to the addresses set forth in the Agreement, as the case may be. Notice duly made hereunder shall be effective the day of its having been delivered personally or faxed and 2 days after its having been mailed. Addresses may be changed by giving notice of a new address in the foregoing manner.

17.02 Computation of Times. When any period of time is referred to in the Contract Documents by days, it will becomputed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

17.03 Cumulative Remedies. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connectionwith each particular duty, obligation, right, and remedy to which they apply.

17.04 Survival of Obligations. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination orcompletion of the Agreement.

17.05 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. It is the intention of the parties that disputes under this Agreement shall be resolved as provided in the Supplemental Conditions. Notwithstanding this, if judicial proceedings are necessary to enforce or interpret the provision hereof, venue for any such judicial proceedings between the parties shall be set in the State Courts of Florida, with the trial venue to be set in the Courts of Indian River County or the Federal courts having jurisdiction over Florida. Each party hereby consents to the exclusive jurisdiction of such courts, waives any objection to venue in such courts, and agrees that the doctrine of forum non conveniens shall not be asserted in any proceeding broughtin such courts or in arbitration tribunals for the interpretation and enforcement of this Agreement and for the entry of any arbitration award contemplated by the applicable dispute resolution procedure.

17.06 Familiarity with Laws. The Contractor is assumed to be familiar with and shall comply with all Federal,State and Local laws, ordinances, rules, codes, and regulations that may affect the work. Ignorance on the part of the Contractor will in no way relieve it from the responsibility of compliance therewith. All work and materials shall comply with those laws.

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17.07 Liens. This project is a “Public Work” under Chapter 255, Florida Statutes. No merchant’s liens may be filed against the City. Any claimant may apply to the City for a copy of this Contract. The claimant shall have a right of action against the Contractor for the amount due. Such action shall not involve any expense to the City. Claims against the Contractor are subject to timely prior notice to the Contractor as specified in Florida Statutes Section 255.05. The Contractor shall insert the following paragraph in all subcontracts hereunder “Notice: Claims for labor, materials and supplies are not assessable against City of Fellsmere and are subject to proper prior notice to (Contractor’s Name) and to (Contractor Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub-subcontract hereunder.” Payment due under the Contract shall be paid by the City to the Contractor only after the Contractor has furnished the City with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the work, have been paid in full. The City may rely on said affidavit at face value. The Contractor hereby releases, any and all rights it may enjoy to perfect any lien or any other type of statutory common law or equitable lien against the job.

17.08 Protection of Public.

A. The Contractor shall erect and maintain barricades and sufficient safeguards around all excavation,embankments or obstructions and shall place sufficient amber lights at or near the work, keep the same burning fromsunset to sunrise, employ watchmen and strictly obey all laws and ordinances controlling or limiting those engagedon similar work.

B. Where there are telephone, telegraph, light, or power poles, water mains, conduits, pipe, or drains or otherconstruction either public or private in or on the streets or alleys, the Work shall be so conducted that no interruptionor delay will be caused in the operation or use of the same.

C. Proper written notice shall be given to the City regarding all the facilities of such construction encounteredor likely to be encountered by the City crews, as will enable the City to preserve such crews from injury.

D. The Contractor shall not interfere with public travel and convenience by grading or tearing up streetsindiscriminately. The work of conducting the various items of this Contract shall proceed in an orderly, systematicand progressive manner.

17.09 Incorporation of preambles and exhibits. The preambles appearing at the beginning of the Agreement and all Exhibits hereto are incorporated herein by reference.

17.10 Entire agreement. The Agreement is the entire agreement of the parties and contains all of the terms and conditions agreed upon between the parties. The Agreement supersedes all prior agreements, representations, communications and understandings, both written and oral, between the parties with respect to the subject matter hereof; they shall have no further force and effect.

17.11 Amendment. The Agreement may be modified or amended at any time but only by an instrument in writing duly executed and delivered on behalf of each of the parties hereto.

17.12 Assignment; delegation. This Agreement may not be assigned nor may the duties hereunder delegated by either party without the written consent of the other, except as otherwise provided.

17.13 Severability. If any provision hereof shall by court of competent jurisdiction be held to be or shall, in fact, be inoperative or unenforceable as applied in any particular case because of conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such provision shall be excised from the Agreement and the balance of the Agreement shall be given full force and effect, and no other provision or provisions herein contained shall be invalid, inoperative, or unenforceable to any extent whatever, provided that the Agreement, absent the excised portion, remains within the intent of the parties.

17.14 Rules of Construction. The following general rules of construction shall govern this Agreement:

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A. Gender, etc. As used herein, the singular includes the plural, the plural includes the singular, and the use of any gender shall be deemed to include the opposite and neutral gender as the case may be.

B. Captions. All section, schedule and exhibit headings are inserted herein for the convenience of the parties and shall not be used in any way to modify, limit, construe, or otherwise affect the interpretation of this Agreement.

C. Construction. The parties shall be deemed to have participated equally in preparation of this Agreement. Neither this Agreement nor any provision herein shall be construed more strictly for or against either party by reason of that party’s responsibility for drafting.

D. Reference to Agreement. The words hereof, herein, or hereunder and other compounds of here shall mean and refer to the entire Agreement and not to any particular section, article, provision, exhibit, or paragraph unless so required by context.

17.15 Attorneys’ Fees. In the event of any arbitration or litigation regarding the breach or interpretation of this Agreement or otherwise to enforce its provisions, the prevailing party in such proceedings shall be entitled to recover, in addition to any relief the court or arbitrator may allow, reasonable attorney's fees and costs incurred in connection with such proceeding, including those incurred in connection with any related appellate or bankruptcy proceeding.

17.16 Parties in interest. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto.

17.17 Relationship of parties. Except as specifically and expressly provided, nothing in this Agreement shall be construed to make any party the partner, joint venturer, agent, trustee, or legal representative of any other party for any purpose. The parties specifically agree that as to each other the parties are independent contractors.

17.18 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument.

17.19 Rights in third parties. Except as may otherwise be specifically provided herein, nothing which is expressed or implied in the Agreement is intended, or shall be construed, to confer upon or give any person, firm, or corporation, other than the parties, any rights or remedies under or by reason of the Agreement.

17.20 Waiver. Each of the parties may, by written notice to the other, (i) extend the time for the performance of any of the obligations or other actions of the other party; (ii) waive any inaccuracies in the representations or warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement; (iii) waive compliance with any of the covenants of the other party contained in this Agreement; or (iv) waive, in whole or in part, performance of any of the obligations of the other party. The waiver by any party of a breach of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent or similar breach.

17.21 Time of the essence. Time is of the essence in the Agreement.

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EXHIBIT “B” SUPPLEMENTAL CONDITIONS TO GENERAL CONDITIONS

PROJECT: __________________________________________________________________________________________________________________________________________________

A. Introduction. These Supplemental Conditions amend or supplement the GeneralConditions (GC) of the Agreement and other provisions of the Contract Documents as indicatedbelow. All GC provisions not so amended or supplemented shall remain in full force and effect.

B. Bidder’s Qualifications. (These paragraphs supplement paragraph 9.0 of the Instructions toBidders.)

1. As set forth in the Instructions to Bidders, the apparent low Bidder, and any otherBidders who are requested to do so by the City, shall submit within five days of writtenrequest:[check the box] ( ) an audited financial statement ( ) a financial statementa list of major pieces of construction equipment owned by the Bidderdocumentation that the Bidder has qualifications as follows:

a) At least five years’ experience in the construction of similar projects of this size andlarger.

b) Bidder must have successfully constructed, as prime Contractor, at least threeprojects similar in scope to this project.

c) Good recommendations from at least three clients similar to City.

d) Bidder’s superintendent and assistants in all categories must be qualified andexperienced in similar projects.

e) Evidence of authority to conduct business in City.

C. Definition of Terms: The following terms shall have these meanings:

1. City shall mean the City of Fellsmere, 21 South Cypress Street, Fellsmere, FL 32948.2. Designer shall mean ______________________________________________________.3. Bidder shall mean any person, firm, or corporation submitting a Bid Proposal for the

project.

CI. Permits. As set forth in GC paragraph 6.08, the City has obtained the following permits: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ The Contractor shall obtain and pay for all required licenses.

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Roofing Replacement of the Historic Fellsmere School

Renker Eich Parks Architects, 1609 Dr MLK Jr St N, St. Petersburg, FL 33704

Form L

Paul
Text Box
Roofing Replacement of the Historic Fellsmere School
Paul
Text Box
Renker Eich Parks Architects, 1609 Dr. Martin Luther King Jr. St. N., St. Petersburg, FL 33704
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E. Tests and Inspections. Under GC paragraph 13.03 notice is hereby given that the City has retained an independent materials testing laboratory to accomplish certain preliminary tests. The tests which will be provided by the City are:_____________________________________ ______________________________________________________________________________ _____________________________________________________________________________. The minimum required tests shall be as follows:______________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If a first test is failed, subsequent tests required to verify compliance with Contract Documents, shall be paid for by the Contractor.

F. Overtime Work

1. Work shall be performed during regular working hours. Regular working hours are Monday through Friday, excluding City Holidays, from 7 AM to 5 PM. No work shall commence before 7 AM or continue after 7 PM except in an emergency with the specific permission of the Designer.

2. City Holidays are: New Years Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written approval of the Designer.

3. The Contractor shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the Designer in writing.

4. All costs of inspection and testing performed during overtime work by the Contractor, which is allowed solely for the convenience of the Contractor, shall be borne by the Contractor, and a credit given to the City to deduct the costs of all such inspection and testing from any partial payments otherwise due to the Contractor.

G. Liquidated Damages

1. Contractor acknowledges that the Agreement requires the Work to commence within _________________ days after the date specified in the Notice to Proceed. Contract time allowed for the completion for all of the Work is set forth in Article 3.0 of the Agreement.For purposes of this liquidated damages provision, time shall be counted from the date Contractor begins construction, but not later than the ______________days allowed in the Notice to Proceed. Contractor and City recognize (a) that time is of the essence in the Agreement; (b) that City will suffer damages, including, but not limited to, financial loss, additional administrative time, loss of use, and inconvenience to the public as well as thecomplications and costs involved in potential legal proceedings, if the Work is not completed within the time specified in the Agreement and (c) that such damages may be difficult to fix and quantify.

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Paul
Text Box
10
Paul
Text Box
10
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2. To reduce uncertainty in their relations and in consideration of their other agreements hereunder, Contractor and City have mutually bargained for and agreed that as a reasonable sum for liquidated damages for delay only Contractor shall pay to City the sum of

for final paymentnot completed and not ready

as required under the GC. Liquidated damages payable hereunder by Contractor shall not exceed the total amount of the contract. Contractor’s requests for time extension shall be submitted monthly to Designer with the monthly application for payment. If requests are not submitted for a given monthly period, it will be accepted that no request was or is needed and that no time extension shall be allowed for such month. At the expiration of the time allowed for completion of the Work hereunder, plus any authorized contract time extensions, liquidated damages shall be deducted from payments due and owing to the Contractor.

__________________________________________________________ dollars($__________________) for each calendar day overrun beyond the allowable contract time, plus any authorized extensions, that the Work remains

3. It is expressly agreed and understood between Contractor and City that this liquidated damages provision is not a penalty. In any proceedings (e.g., mediation, arbitration, or litigation) the parties expressly agree that neither they nor their successors, assigns or sureties may assert that this liquidated damages provision is a penalty. Contractor and its surety(ies) agree without recourse to accept this method of determining liquidated damages and reimbursement to the City for delay. This liquidated damages provision is not intended to preclude, foreclose, or in any way prevent City from seeking remedies, relief or recovery other than damages attributable specifically to delay of the Work in any action or proceedings against Contractor or its sureties.

H. Performance and Payment Bonds (Surety). Within ten (10) days of receipt of the Contract Documents for execution, the successful bidder shall furnish a Performance Bond in an amount equal to 125% of the contract price and a Payment Bond in an amount equal to 100% of the contract price. The Contractor shall provide two separate bonds, a combined Payment and Performance Bond for 125% of the contract price is not an acceptable substitute. The Contractor shall at all times have valid Performance and Payment Bonds in force covering the Work. Failure to do so shall constitute a default on the part of the Contractor. If the surety writing the Performance or Payment Bonds becomes disqualified, this shall automatically constitute a default on the part of the Contractor. In lieu of the Performance and Payment Bonds and subject to approval of City, Contractor may furnish alternative security in the form of cash, money order, certified check, cashier’s check, irrevocable letter of credit or a security as listed in Part II of Chapter 625, Florida Statutes. Alternative security shall be for the same purpose, for the same amount and subject to the same conditions as those applicable to the bond. The City shall in its sole discretion determine the acceptability and value of an alternative form of security. Such Bonds shall continue in effect for one (1) year after completion and acceptance of the work.

I. Contractors and Subcontractors Insurance. The limit of liability for the insurance required by GC Paragraph 5.04 shall provide coverage for not less than the following amounts or greater where required by laws and regulations:

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Paul
Text Box
Two-Hundred and Fifty
Paul
Text Box
250
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1. Worker’s Compensation, etc. under Paragraphs 5.04.A.l. and 2. of the General Conditions:

a) State: Statutory b) Applicable Federal (e.g. Longshoremen’s): Statutory

c) Employer’s Liability: $500,000

2. Commercial General Liability (under GC Paragraphs 5.04.A.3.-6.), including Contractual Liability specifically confirming the indemnification of City (with Designer listed as additional insured as required in Paragraph 6.11 and indicating that no act or default shall affect the City’s right to recover under such policies in case of loss, Products and Completed Operations Liability, Explosion, Collapse and Underground Property Damage Coverage, and Personal Injury) against all claims and liability for bodily injury, death or property damage arising out of the performance of work under this Agreement.

3. Comprehensive General Liability (including Premises-Operations; Independent Contractors’ Protective; Products and Completed Operations; Broad Form Property Damage):

a) Bodily Injury: $1,000,000 each occurrence $1,000,000 annual aggregate

b) Property Damage: $ 500,000 each occurrence $ 500,000 annual aggregate

c) Products and Completed Operations shall be maintained for one (1) year after final payment.

d) Property Damage Liability Insurance will provide C or U coverage as applicable.

4. Contractual Liability

a) Bodily Injury:

$1,000,000 each occurrence

b) Property Damage: $ 500,000 each occurrence $ 500,000 annual aggregate

5. Personal Injury, with Employment Exclusion deleted: $1,000,000 annual aggregate

6. Comprehensive Automobile Liability a) Bodily Injury:

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$1,000,000 each person $1,000,000 each occurrence

J. Dispute Resolution. Any Claim arising out of or related to the Agreement, except Claims waived as provided for in GC paragraphs 5.07, 16.02.A. and 14.09, shall, after decision by the Designer, or, if Designer has failed to render a timely decision on the Claim, within the term set forth in paragraph 10.05.C., be subject to mediation as a condition precedent to arbitration or legal or equitable proceedings.

1. Demand.

a) When a written decision of Designer which is subject to dispute resolution under GC paragraphs 10.05 and 16.01 is final, a written demand for mediation and arbitration of a Claim covered by such decision shall be made as provided herein within 30 days after the demanding party receives notice of such written decision. If no decision has been rendered upon a Claim, a written demand for mediation and arbitration of such Claim shall be made as provided herein within 30 days after the Claim is deemed to be denied in its entirety as set forth in GC paragraph 10.05.C.

b) If demand is not timely made, Designer’s decision or the deemed decision under GC paragraph 10.05.C. shall be final and binding upon City and Contractor.

c) If Designer renders a decision after dispute resolution proceedings have been demanded or initiated, such decision may be entered as evidence, but it shall not supersede mediation or arbitration proceedings, except by agreement of the parties.

2. Mediation.

a) The parties shall first endeavor to resolve Claims by mediation conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association in effect at the time of the demand.

b) A demand for mediation shall be filed in writing with the other party to the Agreement, the Designer and the American Arbitration Association.

c) The demand may be made concurrently with an arbitration demand, but, in such event, mediation shall precede arbitration or legal or equitable proceedings, which shall be stayed for 60 days from the date of filing, unless stayed longer by agreement or court order.

d) The parties shall share the mediator’s fee and any filing fees equally. Mediation shall be held in the locale of the project, unless otherwise agreed.

e) Agreements reached in mediation shall be enforceable as binding settlement agreements in any court with jurisdiction.

3. Arbitration.

a) Any Claim arising out of or related to the Agreement, except Claims waived as provided for in GC paragraphs 5.07, 16.02.A. and 14.09, shall be subject to arbitration as provided in this Section J; provided that, prior to arbitration, the parties shall first endeavor to resolve disputes by mediation.

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b) Unless otherwise agreed, arbitration shall be conducted in accordance with Construction Industry Arbitration Rules of the American Arbitration Association in effect at the time of demand.

c) The demand for arbitration shall be filed in writing with the other party to the Agreement, the American Arbitration Association and the Designer.

d) An arbitration demand shall be made within the time specified in section J.1. hereof, and in other cases within a reasonable time after the Claim arises. In no event may a demand be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations.

e) A party’s arbitration demand shall include and assert all Claims which that party is then known to have against the other party or be forever foreclosed from such unasserted claims.

f) The award rendered by the arbitrator or arbitrators shall be final.g) Judgment may be entered upon the award in accordance with applicable law in any

court with jurisdiction.

K. Indemnification. Contractor (Indemnitor) will indemnify and hold harmless City (Indemnitee), its officers and employees, from liability, damages, losses and costs, including but not limited to reasonable attorneys’ fees, resulting from any and all claims, actions or suits to the extent caused by the negligence, recklessness or intentional wrongful conduct of the Contractor and other persons or firms employed or utilized by the Contractor in the performance of services under the Agreement in an amount of $1,000,000 per occurrence as provided for by Sections 725.06 and 725.08 Florida Statutes, as amended. The parties agree that the indemnification amount bears a reasonable commercial relationship to the Agreement because it represents the minimum indemnification amount provided in Section 725.06, Florida Statutes, as amended. The specific considerations given for the promises of Contractor set forth in this paragraph are the employment of Contractor pursuant to the Agreement, other good and valuable considerations and Ten Dollars ($10.00) in hand paid by the City to Contractor, receipt whereof is hereby acknolwedged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the City. Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes, as amended. Notwithstanding the provisions of this section, nothing contained herein shall be construed as a waiver of any immunity from, or limitation of liability the City has under the Doctrine of Sovereign Immunity in general or under Section 768.28, Florida Statutes, as amended. In no event will the City, its officers and employees, be liable to pay a claim or judgment which exceeds the sum of One Hundred Thousand Dollars ($100,000), or any claim or judgment, or portion thereof, which when totaled with all other claims or judgments paid and that arose out of the same incidence or occurrence, exceeds the sum of Two Hundred Thousand Dollars ($200,000). The parties intend for these dollar amounts to be a contractual limitation on the City’s liability.

L. Indemnification Procedure.

Promptly after receipt of notice of the making or commencement by any third party of any claim, action, lawsuit, or proceeding as to which indemnification may be sought (a "Third Party Claim"), Indemnitee shall notify Indemnitor. Failure to do so shall not relieve Indemnitor

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from any liability that it may have under this section unless Indemnitor is prejudiced by the lack of such notice; provided that, in such case Indemnitor shall not be responsible for that portion of the liability caused by the prejudice resulting from the lack of notice.

If any such Third Party Claim is brought against Indemnitee, Indemnitor shall be entitled to participate and, to the extent it may elect by written notice delivered promptly to Indemnitee after receiving notice from Indemnitee, to assume the defense with counsel reasonably satisfactory to Indemnitee. The parties agree to cooperate fully in connection with the defense, negotiation, or settlement of any such legal proceeding, claim, or demand. Indemnitee shall have the right to employ its own counsel in any such case, but the fees and expenses of this counsel shall be at the expense of Indemnitee unless

(i) the employment of counsel has been authorized in writing by Indemnitor in connection with the defense of the action; or

(ii) Indemnitor has not employed counsel to have charge of the defense of the action within a reasonable period of time after commencement of the action; or

(iii) Indemnitee has reasonably concluded that there may be defenses available to it that are different from or additional to those available to Indemnitor,

in which case the Indemnitor shall not have the right to direct defense of this action on behalf of Indemnitee. In any of these events, fees and expenses of Indemnitee's counsel shall be borne by Indemnitor.

Neither Indemnitee nor Indemnitor may settle any Third Party Claim without the consent of the other. After any final judgment or award has been rendered by a court, arbitration board, or administrative agency of competent jurisdiction and the time in which to appeal from it has expired, a settlement has been consummated, or Indemnitor and Indemnitee arrive at a mutually binding agreement with respect to each separate matter alleged to be indemnified by Indemnitor, Indemnitee shall forward to Indemnitor notice of any sums due and owing by it with respect to the matter, and Indemnitor immediately shall pay all of the sums owing, by wire transfer or certified or bank cashier's check, to Indemnitee.

M. Termination by City.

The City may cancel the Agreement for refusal by Contractor to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, made or received by Contractor.

N. Public Entity Crime Statement.

A person or affiliate who has been placed in the convicted vendor list following a conviction of public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, oproposal, or reply on a contract with a public entity for construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, as amended, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

O. Notice to Contractor.

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The City shall consider the employment by Contractor of unauthorized aliens a violation of section 274A(e) of the Immigration and Naturalization Act. Such violation shall be cause for unilateral cancellation of the Agreement.

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4-5-08

PAYMENT BOND_________________________________________________

Bond No. ______________ CITY OF FELLSMERE PROJECT: ____________________________________________________________________________________________________

KNOW ALL MEN BY THESE PRESENTS:

That we ___________________________________________________________________, as Principal, and ________________________________________________________________________, as Surety, are held and firmly bound unto the City of Fellsmere in the sum of _______________________________ _________________________________________Dollars ($________________), for the payment of said sum we bind ourselves and our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written contract, dated the___________ of________________, 20___, entered into between the Principal and the City of Fellsmere, Florida, for: __________________________________. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully set forth herein.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the Principal shall promptly make payments to all claimants, as hereinbelow defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions:

A. A claimant is as any person supplying the Principal with labor, material and supplies, used directly or indirectly by said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 713.01 of the Florida Statutes.

B. The provisions of Section 255.05 of the Florida Statute shall apply.

The above-named Principal and Surety hereby jointly and severally agree with the City of Fellsmere that every claimant, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon. The City shall not be liable for the payment of any attorneys’ fees, costs or expenses of any such suit.

No suit or action shall be commenced hereunder by any claimant:

1. Unless claimant, other than one having a direct contract with the Principal, shall within:(a) forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution of

the work, furnish the Principal and Surety with a notice that the claimant intends to look to this bond for protection; and

(b) ninety (90) days after such claimant’s performance of the labor or complete delivery of materials and supplies, deliver to the Principal and Surety written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefore.

2. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

Roofing Replacement of the Historic Fellsmere School

Paul
Text Box
Roofing Replacement of the Historic Fellsmere School
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3. Other than in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and not elsewhere.

The Principal and the Surety jointly and severally, shall repay the City of Fellsmere any sum which it may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract, including its attorneys’ fees and costs.

The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work, or to the Specifications.

The Surety represents and warrants to the City of Fellsmere that it has a Best’s Key Rating Guide, General Policyholder’s rating of “A” and Financial Size Category of Class “X”.

Principal and Surety jointly and severally covenant and agree that this Bond will continue and remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion issued by the City of Fellsmere.

IN WITNESS WHEREOF, the above parties executed this instrument under their Several Seals, this ____day of __________________, 20___, the name and seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

I. TO BE EXECUTED BY PRINCIPALSigned, sealed and delivered in the presence of:

When Principal is an Individual:

________________________________ _____________________________________________ Witness Signature of Principal _____________________________________________ ________________________________ Printed Name of Individual _______________________________________Address

________________________________ Witness

________________________________ _______________________________________Address

When Principal is a Sole Proprietorship or Operates under a Trade Name

________________________________ _____________________________________________ Witness Signature of Proprietor/Signer _____________________________________________ __________________________ ______ Printed Name of Proprietor/Signer ________________________________________Address

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4-5-08 3

_________________________________ Witness

__________________________________ __________________________________________Address

When Principal is a Partnership:

__________________________ ________ _______________________________________ Witness Name of Partnership

__________________________________ By:_______________________________(Seal) __________________________________________Address Signature of Partner

__________________________ _________ _______________________________________ Witness Printed Name of Partner

___________________________________ ___________________________________ Address

When Principal is a Corporation:

Attest:__________________________________ _____________________________________________

Secretary Name of Corporation

By___________________________________________ (Affix Corporate Seal)

_____________________________________________ Printed Name & Official Title

Certificate as to Corporate Principal: I ________________________________________, certify that I am the Secretary of the corporation named as Principal in the within bond; that _________ ____________________________, who signed the said bond on behalf of the Principal was then ____________________________ of said corporation: that I know his/her signature, and her/his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for an on behalf of Said corporation by authority of its governing body.

Secretary_______________________________(SEAL)

ACKNOWLEDGMENT AS TO PRINCIPAL

STATE OF FLORIDA ) COUNTY OF __________________________)

The foregoing instrument was acknowledged before me this _____ day of ______________, 20___, by ________________________________________(name of person) as ______________________(type

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4-5-08 4

of authority, . . . e.g. officer, trustee, attorney in fact) for _________________________________(name of party on behalf of whom instrument was executed).

___________________________________ Notary Public - State of Florida

Print, Type, or Stamp Commissioned Name of Notary Public

Personally Known __________ OR Produced Identification __________ Type of Identification Produced:_____________________________

II. TO BE EXECUTED BY CORPORATE SURETY:

Attest:

_________________________________ _____________________________________________ Secretary Corporate Surety (Affix Corporate Seal) _____________________________________________ _____________________________________________ Business Address

_________________________________ By:__________________________________________ _________________________________ Name of Local Agency

_____________________________________________ Attorney-In-Fact

_____________________________________________ _____________________________________________ Business Address Inquiries: ( ) ________________________________

STATE OF FLORIDA ) COUNTY OF ________________________)

Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared ________________________________________________________, to me well known, who being first duly sworn, says that he is the attorney-in-fact for the _________________________________________ ____________ Insurance Company, to execute the foregoing bond on behalf of the CONTRACTOR named therein favor of the City of Fellsmere, Florida. Subscribed and sworn to before me this _________ day of _________________, 20___.

_____________________________________________ Notary Public, State of Florida My Commission Expires: ________________________

Personally Known __________ OR Produced Identification __________ Type of Identification Produced:_____________________________

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1 4-5-08

PERFORMANCE BOND_________________________________________________

Bond No. __________________ CITY OF FELLSMERE PROJECT:__________________________________________________________________

KNOW ALL MEN BY THESE PRESENTS:

That we ___________________________________________________________________ as Principal, and ________________________________________________________________________, as Surety, are held and firmly bound unto the City of Fellsmere in the sum of _______________________________ _________________________________ dollars ($_______________), for the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written contract, dated ____________________________________ and entered into between the Principal and the City of Fellsmere, Florida, for: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents (that include, without limitation, the Advertisement for or Bids, Instructions to Bidders, Proposal, the Bid, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Supplemental Conditions, Specifications, Addenda and Drawings), therein referred to and made a part thereof, and such alterations as may be made in said Drawings and Specifications as therein provided for, and shall indemnify and save harmless the City of Fellsmere against and from all attorneys’ fees, expenses, damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of said Principal, its agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by said Principal, and further, if the Principal shall promptly make payments to all who supply labor and/or materials, used directly or indirectly by the Principal in the prosecution of the work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the City of Fellsmere any difference between the sum that the City of Fellsmere may be obliged to pay for the completion of said work, by Contract or otherwise, attorneys’ fees, and any damages, whether direct, indirect, or consequential, which the City of Fellsmere may incur as a result of the failure of the said Principal to properly execute all of the provisions of said Contract.

Roofing Replacement of the Historic Fellsmere School

Paul
Text Box
Roofing Replacement of the Historic Fellsmere School
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2 4-5-08

AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the City of Fellsmere against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the City of Fellsmere may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise.

AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications and Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications and Drawings.

AND, if the City of Fellsmere is required to initiate legal proceedings to recover on this bond, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees from the other party, at trial and all appellate levels of court.

AND, Principal and Surety jointly and severally covenant and agree that this Bond will continue and remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion issued by the City of Fellsmere.

I. TO BE EXECUTED BY PRINCIPALSigned, sealed and delivered in the presence of:

When Principal is an Individual:

__________________________ ________ ______________________________________ Witness Signature of Principal ______________________________________ __________________________________ Printed Name of Individual__________________________________________Address

__________________________________ Witness

__________________________________ __________________________________________Address

When Principal is a Sole Proprietorship or Operates under a Trade Name

__________________________________ ____________________________________________ Witness Signature of Proprietor/Signer ____________________________________________ __________________________________ Printed Name of Proprietor/Signer __________________________________________Address

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__________________________________ Witness

__________________________________ __________________________________________Address

When Principal is a Partnership:

__________________________ ________ _______________________________________ Witness Name of Partnership

__________________________________ By:_______________________________(Seal) __________________________________________ Signature of Partner Address__________________________________ _______________________________________ Witness Printed Name of Partner

__________________________________ __________________________________________Address

When Principal is a Corporation:

Attest:_______________________________ _____________________________________________ Secretary Name of Corporation

By___________________________________________ (Affix Corporate Seal)

_____________________________________________ Printed Name & Official Title

Certificate as to Corporate Principal: I _____________________________________________, certify that I am the Secretary of the corporation named as Principal in the within bond; that ________________________________________________________, who signed the said bond on behalf of the Principal was then ___________________________________________ of said corporation: that I know his/her signature, and her/his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for an on behalf of Said corporation by authority of its governing body.

Secretary_______________________________(SEAL)

ACKNOWLEDGMENT AS TO PRINCIPAL

STATE OF FLORIDA ) COUNTY OF ___________________________________ )

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4 4-5-08

The foregoing instrument was acknowledged before me this ______ day of ____________________, 20__, by ____________________________________________________________________(name of person) as ________________________________________________(type of authority, . . . e.g. officer, trustee, attorney in fact) for ________________________________________________________(name of party on behalf of whom instrument was executed).

__________________________________________ Notary Public - State of Florida

Print, Type, or Stamp Commissioned Name of Notary Public

Personally Known __________ OR Produced Identification __________ Type of Identification Produced:_________________________________

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5 4-5-08

II. TO BE EXECUTED BY CORPORATE SURETY:

Attest:

__________________________________ _____________________________________________ Secretary Corporate Surety (Affix Corporate Seal) _____________________________________________ _____________________________________________ Business Address

_________________________________ By:__________________________________________ Name of Local Agency

_____________________________________________ Attorney-In-Fact

_____________________________________________ _____________________________________________ Business Address Inquiries: ( ) ________________________________

STATE OF FLORIDA ) COUNTY OF _____________________________ )

Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared ___________________________________________________________, to me well known, who being first duly sworn, says that he is the attorney-in-fact for the____________________________________ _______________________________ Insurance Company, to execute the foregoing bond on behalf of the CONTRACTOR named therein favor of the City of Fellsmere, Florida. Subscribed and sworn to before me this ________ day of ____________________________, 20__.

______________________________________ Notary Public, State of Florida My Commission Expires: _________________

Personally Known __________ OR Produced Identification __________ Type of Identification Produced:________________________________

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Form O- 6-18-10

NOTICE TO PROCEED

To: __________________________________________________________________ Name of Contractor

Address: __________________________________________________________________ __________________________________________________________________

NOTICE IS HEREBY GIVEN to proceed with work to be performed under your contract with the City of Fellsmere for construction of _____________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(specify project or contract work).

Contract Time will start the day after you receive this notice. Construction work must begin not later than __________________calendar days after receipt of this notice. The Contract Time ends on ___________________.

Dated: ______________________, 20__.

City of Fellsmere

By:_______________________________________ Authorized Signature

__________________________________________ Print Name and Title

ACCEPTANCE OF NOTICE TO PROCEED

Receipt of this Notice to Proceed is acknowledged on ________________________, 20__.

Contractor:_________________________________________________________________,By:____________________________________ Signature and Title

Roofing Replacement of the Historic Fellsmere School

Paul
Text Box
Roofing Replacement of the Historic Fellsmere School
Paul
Text Box
10
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4-5-08

FINAL PAYMENT CONTRACTOR

STATE OF FLORDA COUNTY OF__________________________________

Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes _________________________________________________________, who having been first duly sworn on oath says:

That s/he/it is the Contractor with which City of Fellsmere, Florida, a political subdivision of the State of Florida, contracted on _____________________________________for performance of certain work, more particularly described as follows:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Affiant further says that: said construction is fully completed; the contract is fully performed; final payment is now due; and all lienors contracting directly with or directly employed by such contractor have been paid in full EXCEPT:

Name Description Amount

who have not been paid and who are due the amount set forth.

WITNESS: (Corporate Seal)

____________________________________ ______________________________________ Contractor

____________________________________ By:___________________________________ ______________________________________ Name and Title

Subscribed and sworn to before me this ___day of _______________, 20__. ____________________________________ Notary Public State of Florida at Large

Print, Type, or Stamp Commissioned Name of Notary Public

On behalf of said Contractor I, the undersigned, hereby acknowledge receipt of Final Payment and certify that Contractor has no claims against the City of Fellsmere.

Contractor _______________________________________ By:____________________________________ Print Name and Title

Roofing Replacement of the Historic Fellsmere School

Paul
Text Box
Roofing Replacement of the Historic Fellsmere School
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PA-1

CONTRACTOR’S APPLICATION FOR PAYMENT

Application for Payment No._____. For Work Accomplished through the period of:_______________ through _________________. To: City of Fellsmere (OWNER) From:_______________________________ (CONTRACTOR) Project No.: ___________ Project: The City of Fellsmere, Roofing Replacement of the Historic Fellsmere School CEI: ________________________________ 1. Original Contract Price: $______________

2. Net change by Change Orders and Written Amendments (+ or -): $______________

3. Current Contract Price (1 plus 2): $______________

4. Total Work to date:

4.a Percentage of Work completed to date: ___________%

4.b Total Work completed to date: $______________

4.c Total equipment and material stored to date: $_____________(1) 4.d Total Work completed and stored to date: (4.b plus 4.c) $______________

5. Retainage (per Agreement):

5.a 10% of completed Work (0.10 x 4.b): $______________

5.b 10% of stored equipment and material (0.10 x 4.c): $______________

5.c Total Retainage (5.a plus 5.b): $______________

6. Total Work completed and stored to date less retainage (4.d minus 5.c): $______________

7. Previous Applications for Payment: $______________

8. AMOUNT DUE THIS APPLICATION (6 MINUS 7): $______________

(1) Attach detailed schedule and copies of all paid invoices.

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PA-2

CONTRACTOR'S CERTIFICATION:

UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers except as listed below; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER.

Dated__________________ _______________________________ (CONTRACTOR)

By: _______________________________ Title:______________________________

State of ______________________________________. County of _____________________________________. Subscribed and sworn to before me this _____________, day of _______________, 2015. Notary Public My Commission expires: ___________________________. NOTICE OF NON-PAYMENT. If one or more "Notice of Non-Payment" or “Notice to Owner” is received by the OWNER, no further payments will be approved until non-payment(s) have been satisfied and a "Lien Waiver" for each "Notice" has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding “Notice of Non- Payment” or “Notice to Owner.” CERTIFICATION OF ENGINEER / INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. Dated__________________________ _______________________________ (CEI/ INSPECTOR) SIGNATURE Accompanying Documentation:__________________________________________________

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PA-3

To: City of Fellsmere (OWNER) From: __________________________(CONTRACTOR) Project No.: ______________ Project: The City of Fellsmere, Roofing Replacement of the Historic Fellsmere School

Item No.

Item Description Schedule Of Values Amount

Schedule Of Values Quantity

Quantity Completed

Percent Complete

(%)

Value of Completed Quantity

Value of Materials

Stored

Total Value Completed and Stored to Date

TOTAL AMOUNT_______________ [Note: Total Schedule of Values Amount should equal the current Contract Price.]

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PB-1

CERTIFICATE OF SUBSTANTIAL COMPLETION

Date of Issuance: ____________________ , 20___. OWNER: City of Fellsmere CONTRACTOR:______________________________________ Project: The City of Fellsmere, Roofing Replacement of the Historic Fellsmere School Assisting Funding Authorities:_____________________ ENGINEER: _________________________________ ENGINEER's Project No. __________ This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: ___________________________________________________________________________

(Owner) And To: ________________________________________________________________________

(Contractor) The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on

DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within ( ) days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows:

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PB-2

OWNER: CITY OF FELLSMERE

22 SOUTH ORANGE STREET FELLSMERE, FL 32948-6714

CONTRACTOR: ________________________________________________________________ The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: _______________________________(Date). ENGINEER: _________________________________________________ By: _________________________________________________________

(Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on: _____________ (date). CONTRACTOR: ______________________________________________ By: _________________________________________________________

(Authorized Signature) OWNER accepts this Certificate of Substantial Completion on: ___________________ (date). OWNER: CITY OF FELLSMERE By: _________________________________________________________

(Authorized Signature) * * END OF SECTION * *

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PC-1

CONTRACTOR’S FINAL CERTIFICATION OF THE WORK

(TO ACCOMPANY CONTRACTOR’S FINAL APPLICATION FOR PAYMENT) STATE OF _______________________ COUNTY OF _____________________ Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes ______________________________________________________, who on oath says: That he is the CONTRACTOR with whom The City of Fellsmere, Florida, a political subdivision of said state, did on the ______ day of ___________,20___, enter into a Contract for the performance of certain work, more particularly described as follows: Roofing Replacement of the Historic Fellsmere School.

UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name: Description/Amount: _____________________________ _____________________________ _____________________________ _____________________________ who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER.

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PC-2

Certification: (Corporate Seal)

CONTRACTOR: ______________________________________

By: ______________________________

(Signature) By: ______________________________

(Written Name and Title)

Subscribed and sworn to before me this ______day of _______________________, 20___. ________________________________________________ Notary Public State of Florida at Large My Commission expires: ____________________________ ** END OF SECTION **

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R-1

CHANGE ORDER

Project: (Name and address) Change Order Number: Change Order Date: CEI Project Number: Contractor: (Name and address) Contract Date: Contract For:

The Contract is changed as follows: (Include if applicable, any undisputed amount attributable to previously executed Work Change Directives) The original Contract Price was $ The net change by previously authorized Change Orders $ The Contract Price prior to this Change Order was $ The Contract Price will be (increased)(decreased)(unchanged)

by this Change Order in the amount of $ The new Contract Price including this Change Order will be $ The Contract Time will be (increased)(decreased)(unchanged)

_____________________ (____) days The date all of the Work shall be completed for the entire Project and ready for final

payment as a result of this Change Order is ____________________. Note: This Change Order does not include changes in the Contract Sum or Contract Time which have been authorized by Work Change Directive until the cost and time has been determined as per the Contract, in which case a Change Order is executed to supersede the Work Change Directive. Time is of the essence for this Change Order.

NOT VALID UNTIL SIGNED BY THE ARCHITECT/ENGINEER, CONTRACTOR AND OWNER. The effective date of this Change Order will be the date when the last one of Architect/Engineer, City and Contractor has signed. ___________________ __________________ ___________________ __________________ Architect (Firm name) CEI (Firm name) Contractor (Firm name) Owner ___________________ __________________ ___________________ ___________________ Address Address Address Address ___________________ __________________ ___________________ ___________________ ___________________ __________________ ___________________ ___________________ By (Signature) By (Signature) By (Signature) By (Signature) ___________________ __________________ ___________________ ___________________ (Typed name) (Typed name) (Typed name) (Typed name) ___________________ __________________ ___________________ ___________________ (Date) (Date) (Date) (Date)

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1813 Roofing Replacement of the Historic Fellsmere School

Fellsmere, Florida

SUMMARY 011000 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 011000 - SUMMARY

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Project information. 2. Work covered by Contract Documents. 3. Access to site. 4. Coordination with occupants. 5. Work restrictions. 6. Specification and Drawing conventions.

B. Related Requirements:

1. Section 015000 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities.

1.2 PROJECT INFORMATION

A. Project Identification: Roofing Replacement of the Historic Fellsmere School.

1. Project Location: 22 South Orange Street, Fellsmere, Florida 32948.

B. Owner: City of Fellsmere.

1. Owner's Representative: Mark Mathes, City Manager.

C. Architect/ Designer: Renker Eich Parks Architects, Inc.

1.3 WORK COVERED BY CONTRACT DOCUMENTS

A. The Work of Project is defined by the Contract Documents and consists of the following:

1. Re-Roofing including roof coverings and sheet-metal flashing of all the existing roofs, including the cornice roofing and the lower balcony roof. Re-pointing of the brickwork above the cornice, new/ replacement roof-top mechanical ductwork, new roof drains, new roof-mounted lightning protection system, and other Work indicated in the Contract Documents.

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1813 Roofing Replacement of the Historic Fellsmere School

Fellsmere, Florida

SUMMARY 011000 - 2

B. Type of Contract:

1. Project will be constructed under a single prime contract.

1.4 ACCESS TO SITE

A. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.

B. Use of Site: Limit use of Project site to Work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Driveways, Walkways, and Entrances: Keep driveways loading areas, and entrances

serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or for storage of materials.

C. Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weathertight condition throughout construction period. Repair damage caused by construction operations.

1.5 COORDINATION WITH OCCUPANTS

A. Full Owner Occupancy: Owner will occupy site and existing building(s) during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's day-to-day operations. Maintain existing exits unless otherwise indicated.

1.6 WORK RESTRICTIONS

A. Work Restrictions, General: Comply with restrictions on construction operations.

1. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction.

B. On-Site Work Hours: Limit work in the existing building to normal business working hours of 7 a.m. to 5 p.m., Monday through Friday, unless otherwise indicated.

C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated:

1. Notify Owner not less than two days in advance of proposed utility interruptions. 2. Obtain Owner's written permission before proceeding with utility interruptions.

D. Restricted Substances: Use of tobacco products and other controlled substances on Project site is not permitted.

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1813 Roofing Replacement of the Historic Fellsmere School

Fellsmere, Florida

SUMMARY 011000 - 3

1.7 SPECIFICATION AND DRAWING CONVENTIONS

A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:

1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.

2. Specification requirements are to be performed by Contractor unless specifically stated otherwise.

B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 011000

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1813 Roofing Replacement of the Historic Fellsmere School

Fellsmere, Florida

ALLOWANCES 012100 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern. SECTION 012100 - ALLOWANCES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements governing allowances.

B. Types of allowances include the following:

1. Quantity allowances.

C. Related Requirements:

1. Section 012200 "Unit Prices" for procedures for using unit prices, including adjustment of quantity allowances when applicable.

1.2 SELECTION AND PURCHASE

A. At the earliest practical date after award of the Contract, advise Architect of the date when final selection, or purchase and delivery, of each product or system described by an allowance must be completed by the Owner to avoid delaying the Work.

B. At Architect's request, obtain proposals for each allowance for use in making final selections. Include recommendations that are relevant to performing the Work.

C. Purchase products and systems selected by Architect from the designated supplier.

1.3 ACTION SUBMITTALS

A. Submit proposals for purchase of products or systems included in allowances in the form specified for Change Orders.

1.4 INFORMATIONAL SUBMITTALS

A. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance.

B. Submit time sheets and other documentation to show labor time and cost for installation of allowance items that include installation as part of the allowance.

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ALLOWANCES 012100 - 2

C. Coordinate and process submittals for allowance items in same manner as for other portions of the Work.

1.5 QUANTITY ALLOWANCES

A. Allowance shall include cost to Contractor of specific products and materials ordered by Owner or selected by Architect under allowance and shall include taxes, freight, and delivery to Project site.

B. Unless otherwise indicated, Contractor's costs for receiving and handling at Project site, labor, installation, overhead and profit, and similar costs related to products and materials ordered by Owner or selected by Architect under allowance shall be included as part of the Contract Sum and not part of the allowance.

1.6 ADJUSTMENT OF ALLOWANCES

A. Allowance Adjustment: To adjust allowance amounts, prepare a Change Order proposal based on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place where applicable. If applicable, include reasonable allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins.

1. Include installation costs in purchase amount only where indicated as part of the allowance.

2. If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other markups.

B. Submit claims for increased costs because of a change in scope or nature of the allowance described in the Contract Documents, whether for the purchase order amount or Contractor's handling, labor, installation, overhead, and profit.

1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost amount unless it is clearly shown that the nature or extent of Work has changed from what could have been foreseen from information in the Contract Documents.

2. No change to Contractor's indirect expense is permitted for selection of higher- or lower-priced materials or systems of the same scope and nature as originally indicated.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine products covered by an allowance promptly on delivery for damage or defects. Return damaged or defective products to manufacturer for replacement.

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3.2 PREPARATION

A. Coordinate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work.

3.3 SCHEDULE OF ALLOWANCES

A. Allowance No. 1: Quantity Allowance: Include the sum of 500 SF: Include replacement of Structural Wood Roof Decking, as indicated on the Drawings. 1. Coordinate quantity allowance adjustment with corresponding unit-price requirements in

Section 012200 "Unit Prices."

END OF SECTION 012100

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UNIT PRICES 012200 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 012200 - UNIT PRICES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for unit prices.

B. Related Requirements:

1. Section 012100 "Allowances" for procedures for using unit prices to adjust quantity allowances.

1.2 DEFINITIONS

A. Unit price is a price per unit of measurement for materials, equipment, or services, or a portion of the Work, added to or deducted from the Contract Sum by appropriate modification, if the scope of Work or estimated quantities of Work required by the Contract Documents are increased or decreased.

1.3 PROCEDURES

A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit.

B. Measurement and Payment: See individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections.

C. Owner reserves the right to reject Contractor's measurement of work-in-place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor.

D. List of Unit Prices: A schedule of unit prices is included in Part 3. Specification Sections referenced in the schedule contain requirements for materials described under each unit price.

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PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 SCHEDULE OF UNIT PRICES

A. Unit Price No. 1 – Structural Wood Roof Decking:

A. Description: Include replacement of Structural Wood Roof Decking, as indicated on the Drawings.

1. Unit of Measurement: 500 SF.

2. Quantity Allowance: Coordinate unit price with allowance adjustment requirements in Section 012100 "Allowances."

END OF SECTION 012200

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ALTERNATES 012300 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 012300 - ALTERNATES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for alternates.

1.2 DEFINITIONS

A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the bidding requirements that may be added to or deducted from the base bid amount if the Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents.

1. Alternates described in this Section are part of the Work only if enumerated in the Agreement.

2. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternates into the Work. No other adjustments are made to the Contract Sum.

1.3 PROCEDURES

A. Coordination: Revise or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project.

1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate.

B. Execute accepted alternates under the same conditions as other work of the Contract.

C. Schedule: A schedule of alternates is included at the end of this Section. Specification Sections referenced in schedule contain requirements for materials necessary to achieve the work described under each alternate.

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PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 SCHEDULE OF ALTERNATES

A. Alternate No. 1: Styrene-Butadiene-Styrene (SBS) Modified Bituminous Membrane Roofing.

1. Base Bid: Thermoplastic Polyolefin (TPO) Roofing as indicated on the Drawings and as specified in Section 075423 "Thermoplastic Polyolefin (TPO) Roofing."

2. Alternate: Styrene-Butadiene-Styrene (SBS) Modified Bituminous Membrane Roofing as specified in Section 075216 "Styrene-Butadiene-Styrene (SBS) Modified Bituminous Membrane Roofing."

B. Alternate No. 2: Lightning Protection System.

1. Base Bid: None. 2. Alternate: Lightning Protection System as indicated on Drawing Sheet E1.1 “Lightning

Protection Roof Plan” and as specified on Drawing Sheet E2.1 “Lightning Protection Specifications”, Section 264113 "Lightning Protection System."

END OF SECTION 012300

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SUBSTITUTION PROCEDURES 012500 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 012500 - SUBSTITUTION PROCEDURES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for substitutions.

B. Related Requirements:

1. Section 016000 "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers.

1.2 DEFINITIONS

A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor.

1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms.

2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner.

1.3 ACTION SUBMITTALS

A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles.

1. Documentation: Show compliance with requirements for substitutions and the following, as applicable:

a. Statement indicating why specified product or fabrication or installation method cannot be provided, if applicable.

b. Coordination of information, including a list of changes or revisions needed to other parts of the Work and to construction performed by Owner and separate contractors that will be necessary to accommodate proposed substitution.

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c. Detailed comparison of significant qualities of proposed substitutions with those of the Work specified. Include annotated copy of applicable Specification Section. Significant qualities may include attributes, such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified.

d. Product Data, including drawings and descriptions of products and fabrication and installation procedures.

e. Samples, where applicable or requested. f. Certificates and qualification data, where applicable or requested. g. List of similar installations for completed projects, with project names and

addresses as well as names and addresses of architects and owners. h. Material test reports from a qualified testing agency, indicating and interpreting

test results for compliance with requirements indicated. i. Research reports evidencing compliance with building code in effect for Project,

from the Florida Building Code. j. Detailed comparison of Contractor's construction schedule using proposed

substitutions with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery.

k. Cost information, including a proposal of change, if any, in the Contract Sum. l. Contractor's certification that proposed substitution complies with requirements in

the Contract Documents, except as indicated in substitution request, is compatible with related materials and is appropriate for applications indicated.

m. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results.

2. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later.

a. Forms of Acceptance: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work.

b. Use product specified if Architect does not issue a decision on use of a proposed substitution within time allocated.

1.4 QUALITY ASSURANCE

A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers.

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1.5 PROCEDURES

A. Coordination: Revise or adjust affected work as necessary to integrate work of the approved substitutions.

1.6 SUBSTITUTIONS

A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals.

1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements:

a. Requested substitution is consistent with the Contract Documents and will produce indicated results.

b. Substitution request is fully documented and properly submitted. c. Requested substitution will not adversely affect Contractor's construction schedule. d. Requested substitution has received necessary approvals of authorities having

jurisdiction. e. Requested substitution is compatible with other portions of the Work. f. Requested substitution has been coordinated with other portions of the Work. g. Requested substitution provides specified warranty. h. If requested substitution involves more than one contractor, requested substitution

has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

B. Substitutions for Convenience: Architect will consider requests for substitution if received within 60 days after the Notice of Award. Requests received after that time may be considered or rejected at discretion of Architect.

1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements:

a. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations.

b. Requested substitution does not require extensive revisions to the Contract Documents.

c. Requested substitution is consistent with the Contract Documents and will produce indicated results.

d. Substitution request is fully documented and properly submitted. e. Requested substitution will not adversely affect Contractor's construction schedule.

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f. Requested substitution has received necessary approvals of authorities having jurisdiction.

g. Requested substitution is compatible with other portions of the Work. h. Requested substitution has been coordinated with other portions of the Work. i. Requested substitution provides specified warranty. j. If requested substitution involves more than one contractor, requested substitution

has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 012500

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CONTRACT MODIFICATION PROCEDURES 012600 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 012600 - CONTRACT MODIFICATION PROCEDURES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for handling and processing Contract modifications.

1.2 MINOR CHANGES IN THE WORK

A. Architect will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on AIA Document G710.

1.3 PROPOSAL REQUESTS

A. Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications.

1. Work Change Proposal Requests issued by Architect are not instructions either to stop work in progress or to execute the proposed change.

2. Within time specified in Proposal Request after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change.

a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's construction schedule that indicates the effect of

the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to Architect.

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1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time.

2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's construction schedule that indicates the effect of the

change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

6. Comply with requirements in Section 012500 "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified.

1.4 CHANGE ORDER PROCEDURES

A. On Owner's approval of a Work Change Proposal Request, Contractor shall issue a Change Order for signatures of Owner and Contractor on the Change Order Form found in the Contract Conditions section of this project manual.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 012600

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PROJECT MANAGEMENT AND COORDINATION 013100 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 013100 - PROJECT MANAGEMENT AND COORDINATION

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following:

1. General coordination procedures. 2. Coordination drawings. 3. RFIs. 4. Project meetings.

B. Related Requirements: 1. Section 017300 "Execution" for procedures for coordinating general installation and

field-engineering services, including establishment of benchmarks and control points.

1.3 DEFINITIONS

A. BIM: Building Information Modeling.

B. RFI: Request for Information. Request from Owner, Architect, or Contractor seeking information required by or clarifications of the Contract Documents.

1.4 INFORMATIONAL SUBMITTALS

A. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form:

1. Name, address, telephone number, and email address of entity performing subcontract or supplying products.

2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract.

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1.5 GENERAL COORDINATION PROCEDURES

A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations included in different Sections that depend on each other for proper installation, connection, and operation.

1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation.

2. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair.

3. Make adequate provisions to accommodate items scheduled for later installation.

B. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following:

1. Preparation of Contractor's construction schedule. 2. Preparation of the schedule of values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems.

1.6 COORDINATION DRAWINGS

A. Coordination Drawings, General: Prepare coordination drawings according to requirements in individual Sections, and additionally where installation is not completely indicated on Shop Drawings, where limited space availability necessitates coordination, or if coordination is required to facilitate integration of products and materials fabricated or installed by more than one entity.

1. Content: Project-specific information, drawn accurately to a scale large enough to indicate and resolve conflicts. Do not base coordination drawings on standard printed data. Include the following information, as applicable:

a. Indicate functional and spatial relationships of components of architectural, structural, civil, mechanical, and electrical systems.

b. Indicate dimensions shown on Drawings. Specifically note dimensions that appear to be in conflict with submitted equipment and minimum clearance requirements. Provide alternative sketches to Architect indicating proposed resolution of such conflicts. Minor dimension changes and difficult installations will not be considered changes to the Contract.

B. Coordination Drawing Organization: Organize coordination drawings as follows:

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1. Floor Plans and Reflected Ceiling Plans: Show architectural and structural elements, and mechanical, plumbing, fire-protection, fire-alarm, and electrical Work. Show locations of visible ceiling-mounted devices relative to acoustical ceiling grid. Supplement plan drawings with section drawings where required to adequately represent the Work.

2. Plenum Space: Indicate subframing for support of ceiling and wall systems, mechanical and electrical equipment, and related Work. Locate components within plenums to accommodate layout of light fixtures and other components indicated on Drawings. Indicate areas of conflict between light fixtures and other components.

3. Mechanical Rooms: Provide coordination drawings for mechanical rooms showing plans and elevations of mechanical, plumbing, fire-protection, fire-alarm, and electrical equipment.

4. Structural Penetrations: Indicate penetrations and openings required for all disciplines. 5. Slab Edge and Embedded Items: Indicate slab edge locations and sizes and locations of

embedded items for metal fabrications, sleeves, anchor bolts, bearing plates, angles, door floor closers, slab depressions for floor finishes, curbs and housekeeping pads, and similar items.

6. Review: Architect will review coordination drawings to confirm that in general the Work is being coordinated, but not for the details of the coordination, which are Contractor's responsibility.

1.7 REQUEST FOR INFORMATION (RFI)

A. General: Immediately on discovery of the need for additional information, clarification, or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified.

1. Architect will return without response those RFIs submitted to Architect by other entities controlled by Contractor.

2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors.

B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following:

1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Architect. 6. RFI number, numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate. 11. Contractor's suggested resolution. If Contractor's suggested resolution impacts the

Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 12. Contractor's signature.

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13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation.

C. RFI Forms: AIA Document G716.

D. Architect's Action: Architect will review each RFI, determine action required, and respond. Allow seven working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day.

1. The following Contractor-generated RFIs will be returned without action:

a. Requests for approval of submittals. b. Requests for approval of substitutions. c. Requests for approval of Contractor's means and methods. d. Requests for coordination information already indicated in the Contract

Documents. e. Requests for adjustments in the Contract Time or the Contract Sum. f. Requests for interpretation of Architect's actions on submittals. g. Incomplete RFIs or inaccurately prepared RFIs.

2. Architect's action may include a request for additional information, in which case Architect's time for response will date from time of receipt by Architect of additional information.

3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Section 012600 "Contract Modification Procedures."

a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response.

E. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Include the following:

1. Project name. 2. Name and address of Contractor. 3. Name and address of Architect. 4. RFI number including RFIs that were returned without action or withdrawn. 5. RFI description. 6. Date the RFI was submitted. 7. Date Architect's response was received.

F. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response.

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1.8 PROJECT MEETINGS

A. General: Schedule and conduct meetings and conferences at Project site unless otherwise indicated.

B. Preconstruction Conference: Schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Architect, but no later than 15 days after execution of the Agreement.

1. Attendees: Authorized representatives of Owner Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work.

2. Agenda: Discuss items of significance that could affect progress, including the following:

a. Responsibilities and personnel assignments. b. Tentative construction schedule. c. Phasing. d. Critical work sequencing and long lead items. e. Designation of key personnel and their duties. f. Lines of communications. g. Use of web-based Project software. h. Procedures for processing field decisions and Change Orders. i. Procedures for RFIs. j. Procedures for testing and inspecting. k. Procedures for processing Applications for Payment. l. Distribution of the Contract Documents. m. Submittal procedures. n. Preparation of Record Documents. o. Use of the premises and existing building. p. Work restrictions. q. Working hours. r. Owner's occupancy requirements. s. Responsibility for temporary facilities and controls. t. Procedures for moisture and mold control. u. Procedures for disruptions and shutdowns. v. Construction waste management and recycling. w. Parking availability. x. Office, work, and storage areas. y. Equipment deliveries and priorities. z. First aid. aa. Security. bb. Progress cleaning.

3. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes.

C. Preinstallation Conferences: Conduct a preinstallation conference at Project site before each construction activity when required by other sections and when required for coordination with other construction.

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1. Attendees: Installer and representatives of manufacturers and fabricators involved in or affected by the installation and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise Architect of scheduled meeting dates.

2. Agenda: Review progress of other construction activities and preparations for the particular activity under consideration, including requirements for the following:

a. Contract Documents. b. Options. c. Related RFIs. d. Related Change Orders. e. Purchases. f. Deliveries. g. Submittals. h. Review of mockups. i. Possible conflicts. j. Compatibility requirements. k. Time schedules. l. Weather limitations. m. Manufacturer's written instructions. n. Warranty requirements. o. Compatibility of materials. p. Acceptability of substrates. q. Temporary facilities and controls. r. Space and access limitations. s. Regulations of authorities having jurisdiction. t. Testing and inspecting requirements. u. Installation procedures. v. Coordination with other work. w. Required performance results. x. Protection of adjacent work. y. Protection of construction and personnel.

3. Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions.

4. Reporting: Distribute minutes of the meeting to each party present and to other parties requiring information.

5. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene the conference at earliest feasible date.

D. Progress Meetings: Conduct progress meetings at weekly or biweekly intervals as required for the rate of work progress.

1. Coordinate dates of meetings with preparation of payment requests. 2. Attendees: In addition to representatives of Owner and Architect, each contractor,

subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work.

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3. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project.

a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time.

1) Review schedule for next period.

b. Review present and future needs of each entity present, including the following:

1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site use. 8) Temporary facilities and controls. 9) Progress cleaning. 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. 14) Status of Proposal Requests. 15) Pending changes. 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests.

4. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information.

a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 013100

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CONSTRUCTION PROGRESS DOCUMENTATION 013200 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 013200 - CONSTRUCTION PROGRESS DOCUMENTATION

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following:

1. Contractor's Construction Schedule. 2. Construction schedule updating reports. 3. Site condition reports.

1.2 DEFINITIONS

A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction Project. Activities included in a construction schedule consume time and resources.

1. Critical Activity: An activity on the critical path that must start and finish on the planned early start and finish times.

2. Predecessor Activity: An activity that precedes another activity in the network. 3. Successor Activity: An activity that follows another activity in the network.

B. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float.

C. Event: The starting or ending point of an activity.

D. Float: The measure of leeway in starting and completing an activity.

1. Float time is not for the exclusive use or benefit of either Owner or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date.

2. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the successor activity.

3. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date.

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1.3 INFORMATIONAL SUBMITTALS

A. Format for Submittals: Submit required submittals in the following format:

1. Working electronic copy of schedule file, where indicated. 2. PDF file.

B. Startup Network Diagram: Of size required to display entire network for entire construction period. Show logic ties for activities.

C. Contractor's Construction Schedule: Initial schedule, of size required to display entire schedule for entire construction period.

1. Submit a working digital copy of schedule, using software indicated, and labeled to comply with requirements for submittals.

D. Construction Schedule Updating Reports: Submit with Applications for Payment.

E. Site Condition Reports: Submit at time of discovery of differing conditions.

1.4 COORDINATION

A. Coordinate Contractor's Construction Schedule with the schedule of values, submittal schedule, progress reports, payment requests, and other required schedules and reports.

1. Secure time commitments for performing critical elements of the Work from entities involved.

2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence.

1.5 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL

A. Computer Scheduling Software: Prepare schedules using current version of a program that has been developed specifically to manage construction schedules.

B. Time Frame: Extend schedule from date established for commencement of the Work to date of Substantial Completion.

1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order.

C. Activities: Treat each floor or separate area as a separate numbered activity for each main element of the Work. Comply with the following:

1. Activity Duration: Define activities so no activity is longer than 20 days, unless specifically allowed by Architect.

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2. Submittal Review Time: Include review and resubmittal times indicated in Section 013300 "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's Construction Schedule with submittal schedule.

3. Startup and Testing Time: Include no fewer than 15 days for startup and testing. 4. Commissioning Time: Include no fewer than 15 days for commissioning. 5. Substantial Completion: Indicate completion in advance of date established for

Substantial Completion, and allow time for Architect's administrative procedures necessary for certification of Substantial Completion.

6. Punch List and Final Completion: Include not more than 30 days for completion of punch list items and final completion.

D. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected.

1. Phasing: Arrange list of activities on schedule by phase. 2. Owner-Furnished Products: Include a separate activity for each product. Include delivery

date indicated in Section 011000 "Summary." Delivery dates indicated stipulate the earliest possible delivery date.

3. Work Restrictions: Show the effect of the following items on the schedule:

a. Coordination with existing construction. b. Limitations of continued occupancies. c. Uninterruptible services. d. Partial occupancy before Substantial Completion. e. Use-of-premises restrictions. f. Provisions for future construction. g. Seasonal variations. h. Environmental control.

E. Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and final completion.

F. Upcoming Work Summary: Prepare summary report indicating activities scheduled to occur or commence prior to submittal of next schedule update. Summarize the following issues:

1. Unresolved issues. 2. Unanswered Requests for Information. 3. Rejected or unreturned submittals. 4. Notations on returned submittals. 5. Pending modifications affecting the Work and the Contract Time.

G. Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting.

1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting.

2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations.

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3. As the Work progresses, indicate final completion percentage for each activity.

H. Recovery Schedule: When periodic update indicates the Work is 14 or more calendar days behind the current approved schedule, submit a separate recovery schedule indicating means by which Contractor intends to regain compliance with the schedule. Indicate changes to working hours, working days, crew sizes, equipment required to achieve compliance, and date by which recovery will be accomplished.

I. Distribution: Distribute copies of approved schedule to Architect Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility.

1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made, distribute updated schedules to the same parties and post in the

same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities.

1.6 REPORTS

A. Site Condition Reports: Immediately on discovery of a difference between site conditions and the Contract Documents, prepare and submit a detailed report. Submit with a Request for Information. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 013200

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PHOTOGRAPHIC DOCUMENTATION 013233 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 013233 - PHOTOGRAPHIC DOCUMENTATION

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for the following:

1. Preconstruction photographs. 2. Periodic construction photographs. 3. Final completion construction photographs.

1.2 INFORMATIONAL SUBMITTALS

A. Key Plan: Submit key plan of Project site and building with notation of vantage points marked for location and direction of each photograph. Indicate elevation or story of construction. Include same information as corresponding photographic documentation.

B. Digital Photographs: Submit image files within three days of taking photographs.

1. Submit photos on CD-ROM or thumb-drive or by uploading to web-based project software site. Include copy of key plan indicating each photograph's location and direction.

2. Identification: Provide the following information with each image description in file metadata tag or in web-based project software site:

a. Name of Project. b. Name and contact information for photographer. c. Name of Contractor. d. Date photograph was taken. e. Description of location, vantage point, and direction. f. Unique sequential identifier keyed to accompanying key plan.

1.3 QUALITY ASSURANCE

A. Photographer Qualifications: An individual who has been regularly engaged as a professional photographer of construction projects for not less than three years.

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1.4 FORMATS AND MEDIA

A. Digital Photographs: Provide color images in JPG format, produced by a digital camera with minimum sensor size of 12 megapixels, and at an image resolution of not less than 3200 by 2400 pixels. Use flash in low light levels or backlit conditions.

B. Digital Images: Submit digital media as originally recorded in the digital camera, without alteration, manipulation, editing, or modifications using image-editing software.

C. Metadata: Record accurate date and timefrom camera.

D. File Names: Name media files with date and sequential numbering suffix.

1.5 CONSTRUCTION PHOTOGRAPHS

A. General: Take photographs with maximum depth of field and in focus.

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

B. Preconstruction Photographs: Before commencement of demolition and when starting construction, take photographs of Project site and surrounding properties, including existing items to remain during construction, from different vantage points, as directed by Architect and City Manager.

1. Take 20 photographs to show existing conditions adjacent to property before starting the Work.

2. Take 20 photographs of existing buildings either on or adjoining property to accurately record physical conditions at start of construction.

3. Take additional photographs as required to record settlement or cracking of adjacent structures, pavements, and improvements.

C. Periodic Construction Photographs: Take 20 photographs weekly. Select vantage points to show status of construction and progress since last photographs were taken.

D. Final Completion Construction Photographs: Take 20 photographs after date of Substantial Completion for submission as Project Record Documents. Architect and City Manager will inform photographer of desired vantage points.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 013233

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SUBMITTAL PROCEDURES 013300 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 013300 - SUBMITTAL PROCEDURES

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Submittal schedule requirements. 2. Administrative and procedural requirements for submittals.

1.2 DEFINITIONS

A. Action Submittals: Written and graphic information and physical samples that require Architect's responsive action. Action submittals are those submittals indicated in individual Specification Sections as "action submittals."

B. Informational Submittals: Written and graphic information and physical samples that do not require Architect's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as "informational submittals."

1.3 SUBMITTAL FORMATS

A. Submittal Information: Include the following information in each submittal:

1. Project name. 2. Date. 3. Name of Architect. 4. Name of Construction Manager. 5. Name of Contractor. 6. Name of firm or entity that prepared submittal. 7. Names of subcontractor, manufacturer, and supplier. 8. Unique submittal number, including revision identifier. Include Specification Section

number with sequential alphanumeric identifier; and alphanumeric suffix for resubmittals.

9. Category and type of submittal. 10. Submittal purpose and description. 11. Number and title of Specification Section, with paragraph number and generic name for

each of multiple items.

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12. Drawing number and detail references, as appropriate. 13. Indication of full or partial submittal. 14. Location(s) where product is to be installed, as appropriate. 15. Other necessary identification. 16. Remarks. 17. Signature of transmitter.

B. Options: Identify options requiring selection by Architect.

C. Deviations and Additional Information: On each submittal, clearly indicate deviations from requirements in the Contract Documents, including minor variations and limitations; include relevant additional information and revisions, other than those requested by Architect on previous submittals. Indicate by highlighting on each submittal or noting on attached separate sheet.

D. Paper Submittals:

1. Place a permanent label or title block on each submittal item for identification; include name of firm or entity that prepared submittal.

2. Provide a space approximately 6 by 8 inches on label or beside title block to record Contractor's review and approval markings and action taken by Architect.

3. Action Submittals: Submit three paper copies of each submittal unless otherwise indicated. Architect will return two copies.

4. Informational Submittals: Submit two paper copies of each submittal unless otherwise indicated. Architect will not return copies.

E. PDF Submittals: Prepare submittals as PDF package, incorporating complete information into each PDF file. Name PDF file with submittal number.

1.4 SUBMITTAL PROCEDURES

A. Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections.

1. Email: Prepare submittals as PDF package, and transmit to Architect by sending via email. Include PDF transmittal form. Include information in email subject line as requested by Architect.

2. Web-Based Project Software: Prepare submittals in PDF form, and upload to web-based Project software website. Enter required data in web-based software site to fully identify submittal.

3. Paper: Prepare submittals in paper form, and deliver to Architect.

B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity.

2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule.

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3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals.

C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals.

1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination.

2. Resubmittal Review: Allow 15 days for review of each resubmittal.

D. Resubmittals: Make resubmittals in same form and number of copies as initial submittal.

E. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms.

F. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Architect's action stamp.

1.5 SUBMITTAL REQUIREMENTS

A. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment.

1. If information must be specially prepared for submittal because standard published data are unsuitable for use, submit as Shop Drawings, not as Product Data.

2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable:

a. Manufacturer's catalog cuts. b. Manufacturer's product specifications. c. Standard color charts. d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency. f. Application of testing agency labels and seals. g. Notation of coordination requirements. h. Availability and delivery time information.

4. For equipment, include the following in addition to the above, as applicable:

a. Wiring diagrams that show factory-installed wiring. b. Printed performance curves. c. Operational range diagrams. d. Clearances required to other construction, if not indicated on accompanying Shop

Drawings.

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5. Submit Product Data before Shop Drawings, and before or concurrent with Samples.

B. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data unless submittal based on Architect's digital data drawing files is otherwise permitted.

1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable:

a. Identification of products. b. Schedules. c. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified.

2. Paper 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 30 by 42 inches. a. Three opaque copies of each submittal. Architect will retain two copies; remainder

will be returned.

C. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other materials.

1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package.

2. Identification: Permanently attach label on unexposed side of Samples that includes the following:

a. Project name and submittal number. b. Generic description of Sample. c. Product name and name of manufacturer. d. Sample source. e. Number and title of applicable Specification Section. f. Specification paragraph number and generic name of each item.

3. Email Transmittal: Provide PDF transmittal. Include digital image file illustrating Sample characteristics, and identification information for record.

4. Web-Based Project Software: Prepare submittals in PDF form, and upload to web-based Project software website. Enter required data in web-based software site to fully identify submittal.

5. Paper Transmittal: Include paper transmittal including complete submittal information indicated.

6. Disposition: Maintain sets of approved Samples at Project site, available for quality-control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set.

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a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use.

b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor.

7. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available.

a. Number of Samples: Submit one full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Architect will return submittal with options selected.

8. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection.

a. Number of Samples: Submit three sets of Samples. Architect will retain two Sample sets; remainder will be returned.

1) Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated.

2) If variation in color, pattern, texture, or other characteristic is inherent in material or product represented by a Sample, submit at least three sets of paired units that show approximate limits of variations.

D. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form:

E. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of architects and owners, and other information specified.

F. Design Data: Prepare and submit written and graphic information indicating compliance with indicated performance and design criteria in individual Specification Sections. Include list of assumptions and summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Number each page of submittal.

G. Certificates:

1. Certificates and Certifications Submittals: Submit a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be

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signed by an officer or other individual authorized to sign documents on behalf of that entity. Provide a notarized signature where indicated.

2. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project.

3. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required.

4. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents.

5. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents.

6. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on AWS forms. Include names of firms and personnel certified.

H. Test and Research Reports:

1. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion.

2. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents.

3. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents.

4. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents.

5. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency.

6. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information:

a. Name of evaluation organization. b. Date of evaluation. c. Time period when report is in effect. d. Product and manufacturers' names. e. Description of product. f. Test procedures and results. g. Limitations of use.

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1.6 DELEGATED-DESIGN SERVICES

A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated.

1. If criteria indicated are insufficient to perform services or certification required, submit a written request for additional information to Architect.

B. Delegated-Design Services Certification: In addition to Shop Drawings, Product Data, and other required submittals, submit digitally signed PDF file and three paper copies of certificate, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional.

1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services.

1.7 CONTRACTOR'S REVIEW

A. Action Submittals and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect.

B. Contractor's Approval: Indicate Contractor's approval for each submittal with a uniform approval stamp. Include name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents.

1. Architect will not review submittals received from Contractor that do not have Contractor's review and approval.

1.8 ARCHITECT'S REVIEW

A. Action Submittals: Architect will review each submittal, indicate corrections or revisions required, and return it.

1. PDF Submittals: Architect will indicate, via markup on each submittal, the appropriate action.

2. Paper Submittals: Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action.

3. Submittals by Web-Based Project Software: Architect will indicate, on Project software website, the appropriate action.

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B. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party.

C. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Architect.

D. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review.

E. Architect will return without review submittals received from sources other than Contractor.

F. Submittals not required by the Contract Documents will be returned by Architect without action.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 013300

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To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 014000 - QUALITY REQUIREMENTS

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for quality assurance and quality control.

B. Testing and inspection services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements.

1. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and quality-control procedures that facilitate compliance with the Contract Document requirements.

2. Requirements for Contractor to provide quality-assurance and quality-control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section.

1.2 DEFINITIONS

A. Experienced: When used with an entity or individual, "experienced" unless otherwise further described means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction.

B. Field Quality-Control Tests: Tests and inspections that are performed on-site for installation of the Work and for completed Work.

C. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, assembly, and similar operations.

1. Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s).

D. Mockups: Full-size physical assemblies that are constructed on-site either as freestanding temporary built elements or as part of permanent construction. Mockups are constructed to verify selections made under Sample submittals; to demonstrate aesthetic effects and qualities

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of materials and execution; to review coordination, testing, or operation; to show interface between dissimilar materials; and to demonstrate compliance with specified installation tolerances. Mockups are not Samples. Unless otherwise indicated, approved mockups establish the standard by which the Work will be judged.

1. Integrated Exterior Mockups: Mockups of the exterior envelope constructed on-site as freestanding temporary built elements or as part of permanent construction, consisting of multiple products, assemblies, and subassemblies.

E. Preconstruction Testing: Tests and inspections performed specifically for Project before products and materials are incorporated into the Work, to verify performance or compliance with specified criteria.

F. Product Tests: Tests and inspections that are performed by a nationally recognized testing laboratory (NRTL) according to 29 CFR 1910.7, by a testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program (NVLAP), or by a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements.

G. Source Quality-Control Tests: Tests and inspections that are performed at the source; for example, plant, mill, factory, or shop.

H. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency.

I. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements.

J. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Contractor's quality-control services do not include contract administration activities performed by Architect.

1.3 DELEGATED-DESIGN SERVICES

A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated.

1.4 CONFLICTING REQUIREMENTS

A. Conflicting Standards and Other Requirements: If compliance with two or more standards or requirements are specified and the standards or requirements establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Architect for direction before proceeding.

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B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding.

1.5 ACTION SUBMITTALS

A. Delegated-Design Services Submittal: In addition to Shop Drawings, Product Data, and other required submittals, submit a statement signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional, indicating that the products and systems are in compliance with performance and design criteria indicated. Include list of codes, loads, and other factors used in performing these services.

1.6 INFORMATIONAL SUBMITTALS

A. Contractor's Statement of Responsibility: When required by authorities having jurisdiction, submit copy of written statement of responsibility submitted to authorities having jurisdiction before starting work on the following systems:

1. Main wind-force-resisting system or a wind-resisting component listed in the Statement of Special Inspections.

B. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority.

C. Permits, Licenses, and Certificates: For Owner's record, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents established for compliance with standards and regulations bearing on performance of the Work.

1.7 REPORTS AND DOCUMENTS

A. Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Include the following:

1. Date of issue. 2. Project title and number. 3. Name, address, telephone number, and email address of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data.

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9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and

inspection. 11. Comments or professional opinion on whether tested or inspected Work complies with

the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting.

B. Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following:

1. Statement on condition of substrates and their acceptability for installation of product. 2. Statement that products at Project site comply with requirements. 3. Summary of installation procedures being followed, whether they comply with

requirements and, if not, what corrective action was taken. 4. Results of operational and other tests and a statement of whether observed performance

complies with requirements. 5. Other required items indicated in individual Specification Sections.

C. Factory-Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory-authorized service representative's tests and inspections specified in other Sections. Include the following:

1. Statement that equipment complies with requirements. 2. Results of operational and other tests and a statement of whether observed performance

complies with requirements. 3. Other required items indicated in individual Specification Sections.

1.8 QUALITY ASSURANCE

A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements.

B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. As applicable, procure products from manufacturers able to meet qualification requirements, warranty requirements, and technical or factory-authorized service representative requirements.

C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.

D. Installer Qualifications: A firm or individual experienced in installing, erecting, applying, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance.

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E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar in material, design, and extent to those indicated for this Project.

F. Specialists: Certain Specification Sections require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated.

1. Requirements of authorities having jurisdiction shall supersede requirements for specialists.

G. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspection indicated, as documented according to ASTM E 329; and with additional qualifications specified in individual Sections; and, where required by authorities having jurisdiction, that is acceptable to authorities.

H. Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.

I. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.

J. Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work:

1. Build mockups of size indicated. 2. Build mockups in location indicated or, if not indicated, as directed by Architect. 3. Notify Architect seven days in advance of dates and times when mockups will be

constructed. 4. Employ supervisory personnel who will oversee mockup construction. Employ workers

that will be employed to perform same tasks during the construction at Project. 5. Demonstrate the proposed range of aesthetic effects and workmanship. 6. Obtain Architect's approval of mockups before starting corresponding work, fabrication,

or construction.

a. Allow seven days for initial review and each re-review of each mockup.

7. Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work.

8. Demolish and remove mockups when directed unless otherwise indicated.

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1.9 QUALITY CONTROL

A. Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services.

1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspection they are engaged to perform.

2. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor.

B. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities, whether specified or not, to verify and document that the Work complies with requirements.

1. Engage a qualified testing agency to perform quality-control services.

a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner.

2. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspection will be performed.

3. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service.

4. Testing and inspection requested by Contractor and not required by the Contract Documents are Contractor's responsibility.

5. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct.

C. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents.

D. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections.

1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services.

2. Determine the locations from which test samples will be taken and in which in-situ tests are conducted.

3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements.

4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor.

5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work.

6. Do not perform duties of Contractor.

E. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including

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service connections. Report results in writing as specified in Section 013300 "Submittal Procedures."

F. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports.

G. Associated Contractor Services: Cooperate with agencies and representatives performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following:

1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and

inspection. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Preliminary design mix proposed for use for material mixes that require control by testing

agency. 6. Security and protection for samples and for testing and inspection equipment at Project

site.

H. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and quality-control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspection.

1. Schedule times for tests, inspections, obtaining samples, and similar activities.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 TEST AND INSPECTION LOG

A. Test and Inspection Log: Prepare a record of tests and inspections. Include the following:

1. Date test or inspection was conducted. 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to Architect. 4. Identification of testing agency or special inspector conducting test or inspection.

B. Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and inspection log for Architect's reference during normal working hours.

1. Submit log at Project closeout as part of Project Record Documents.

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3.2 REPAIR AND PROTECTION

A. General: On completion of testing, inspection, sample taking, and similar services, repair damaged construction and restore substrates and finishes.

1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Section 017300 "Execution."

B. Protect construction exposed by or for quality-control service activities.

C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services.

END OF SECTION 014000

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To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 014200 - REFERENCES

PART 1 - GENERAL

1.1 DEFINITIONS

A. General: Basic Contract definitions are included in the Conditions of the Contract.

B. "Approved": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract.

C. "Directed": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed."

D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated."

E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work.

F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations.

G. "Install": Unload, temporarily store, unpack, assemble, erect, place, anchor, apply, work to dimension, finish, cure, protect, clean, and similar operations at Project site.

H. "Provide": Furnish and install, complete and ready for the intended use.

I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built.

1.2 INDUSTRY STANDARDS

A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference.

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B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated.

C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents.

1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source.

1.3 ABBREVIATIONS AND ACRONYMS

A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list.

1. AABC - Associated Air Balance Council; www.aabc.com. 2. AAMA - American Architectural Manufacturers Association; www.aamanet.org. 3. AAPFCO - Association of American Plant Food Control Officials; www.aapfco.org. 4. AASHTO - American Association of State Highway and Transportation Officials;

www.transportation.org. 5. AATCC - American Association of Textile Chemists and Colorists; www.aatcc.org. 6. ABMA - American Bearing Manufacturers Association; www.americanbearings.org. 7. ABMA - American Boiler Manufacturers Association; www.abma.com. 8. ACI - American Concrete Institute; (Formerly: ACI International); www.concrete.org 9. ACPA - American Concrete Pipe Association; www.concrete-pipe.org. 10. AEIC - Association of Edison Illuminating Companies, Inc. (The); www.aeic.org. 11. AF&PA - American Forest & Paper Association; www.afandpa.org. 12. AGA - American Gas Association; www.aga.org. 13. AHAM - Association of Home Appliance Manufacturers; www.aham.org. 14. AHRI - Air-Conditioning, Heating, and Refrigeration Institute (The); www.ahrinet.org. 15. AI - Asphalt Institute; www.asphaltinstitute.org. 16. AIA - American Institute of Architects (The); www.aia.org. 17. AISC - American Institute of Steel Construction; www.aisc.org. 18. AISI - American Iron and Steel Institute; www.steel.org. 19. AITC - American Institute of Timber Construction; www.aitc-glulam.org. 20. AMCA - Air Movement and Control Association International, Inc.; www.amca.org. 21. ANSI - American National Standards Institute; www.ansi.org. 22. AOSA - Association of Official Seed Analysts, Inc.; www.aosaseed.com. 23. APA - APA - The Engineered Wood Association; www.apawood.org. 24. APA - Architectural Precast Association; www.archprecast.org. 25. API - American Petroleum Institute; www.api.org. 26. ARI - Air-Conditioning & Refrigeration Institute; (See AHRI). 27. ARI - American Refrigeration Institute; (See AHRI). 28. ARMA - Asphalt Roofing Manufacturers Association; www.asphaltroofing.org. 29. ASCE - American Society of Civil Engineers; www.asce.org. 30. ASCE/SEI - American Society of Civil Engineers/Structural Engineering Institute; (See

ASCE). 31. ASHRAE - American Society of Heating, Refrigerating and Air-Conditioning Engineers;

www.ashrae.org.

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32. ASME - ASME International; (American Society of Mechanical Engineers); www.asme.org.

33. ASSE - American Society of Safety Engineers (The); www.asse.org. 34. ASSE - American Society of Sanitary Engineering; www.asse-plumbing.org. 35. ASTM - ASTM International; www.astm.org. 36. ATIS - Alliance for Telecommunications Industry Solutions; www.atis.org. 37. AWEA - American Wind Energy Association; www.awea.org. 38. AWI - Architectural Woodwork Institute; www.awinet.org. 39. AWMAC - Architectural Woodwork Manufacturers Association of Canada;

www.awmac.com. 40. AWPA - American Wood Protection Association; www.awpa.com. 41. AWS - American Welding Society; www.aws.org. 42. AWWA - American Water Works Association; www.awwa.org. 43. BHMA - Builders Hardware Manufacturers Association; www.buildershardware.com. 44. BIA - Brick Industry Association (The); www.gobrick.com. 45. BICSI - BICSI, Inc.; www.bicsi.org. 46. BIFMA - BIFMA International; (Business and Institutional Furniture Manufacturer's

Association); www.bifma.org. 47. BISSC - Baking Industry Sanitation Standards Committee; www.bissc.org. 48. BWF - Badminton World Federation; (Formerly: International Badminton Federation);

www.bissc.org. 49. CDA - Copper Development Association; www.copper.org. 50. CE - Conformite Europeenne; http://ec.europa.eu/growth/single-market/ce-marking/ 51. CEA - Canadian Electricity Association; www.electricity.ca. 52. CEA - Consumer Electronics Association; www.ce.org. 53. CFFA - Chemical Fabrics and Film Association, Inc.; www.chemicalfabricsandfilm.com. 54. CFSEI - Cold-Formed Steel Engineers Institute; www.cfsei.org. 55. CGA - Compressed Gas Association; www.cganet.com. 56. CIMA - Cellulose Insulation Manufacturers Association; www.cellulose.org. 57. CISCA - Ceilings & Interior Systems Construction Association; www.cisca.org. 58. CISPI - Cast Iron Soil Pipe Institute; www.cispi.org. 59. CLFMI - Chain Link Fence Manufacturers Institute; www.chainlinkinfo.org. 60. CPA - Composite Panel Association; www.pbmdf.com. 61. CRI - Carpet and Rug Institute (The); www.carpet-rug.org. 62. CRRC - Cool Roof Rating Council; www.coolroofs.org. 63. CRSI - Concrete Reinforcing Steel Institute; www.crsi.org. 64. CSA - Group; www.csa.ca. 65. CSA - CSA International; (Formerly: IAS - International Approval Services); www.csa-

international.org. 66. CSI - Construction Specifications Institute (The); www.csinet.org. 67. CSSB - Cedar Shake & Shingle Bureau; www.cedarbureau.org. 68. CTI - Cooling Technology Institute; (Formerly: Cooling Tower Institute); www.cti.org. 69. CWC - Composite Wood Council; (See CPA). 70. DASMA - Door and Access Systems Manufacturers Association; www.dasma.com. 71. DHI - Door and Hardware Institute; www.dhi.org. 72. ECA - Electronic Components Association; (See ECIA). 73. ECAMA - Electronic Components Assemblies & Materials Association; (See ECIA). 74. ECIA - Electronic Components Industry Association; www.eciaonline.org. 75. EIA - Electronic Industries Alliance; (See TIA).

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76. EIMA - EIFS Industry Members Association; www.eima.com. 77. EJMA - Expansion Joint Manufacturers Association, Inc.; www.ejma.org. 78. ESD - ESD Association; (Electrostatic Discharge Association); www.esda.org . 79. ESTA - Entertainment Services and Technology Association; (See PLASA). 80. ETL - Intertek (See Intertek); www.intertek.com. 81. EVO - Efficiency Valuation Organization; www.evo-world.org. 82. FCI - Fluid Controls Institute; www.fluidcontrolsinstitute.org. 83. FIBA - Federation Internationale de Basketball; (The International Basketball

Federation); www.fiba.com. 84. FIVB - Federation Internationale de Volleyball; (The International Volleyball

Federation); www.fivb.org. 85. FM Approvals - FM Approvals LLC; www.fmglobal.com. 86. FM Global - FM Global; (Formerly: FMG - FM Global); www.fmglobal.com. 87. FRSA - Florida Roofing, Sheet Metal & Air Conditioning Contractors Association, Inc.;

www.floridaroof.com. 88. FSA - Fluid Sealing Association; www.fluidsealing.com. 89. FSC - Forest Stewardship Council U.S.; www.fscus.org. 90. GA - Gypsum Association; www.gypsum.org. 91. GANA - Glass Association of North America; www.glasswebsite.com. 92. GS - Green Seal; www.greenseal.org. 93. HI - Hydraulic Institute; www.pumps.org. 94. HI/GAMA - Hydronics Institute/Gas Appliance Manufacturers Association; (See AHRI). 95. HMMA - Hollow Metal Manufacturers Association; (See NAAMM). 96. HPVA - Hardwood Plywood & Veneer Association; www.hpva.org. 97. HPW - H. P. White Laboratory, Inc.; www.hpwhite.com. 98. IAPSC - International Association of Professional Security Consultants; www.iapsc.org. 99. IAS - International Accreditation Service; www.iasonline.org. 100. IAS - International Approval Services; (See CSA). 101. ICBO - International Conference of Building Officials; (See ICC). 102. ICC - International Code Council; www.iccsafe.org. 103. ICEA - Insulated Cable Engineers Association, Inc.; www.icea.net. 104. ICPA - International Cast Polymer Alliance; www.icpa-hq.org. 105. ICRI - International Concrete Repair Institute, Inc.; www.icri.org. 106. IEC - International Electrotechnical Commission; www.iec.ch. 107. IEEE - Institute of Electrical and Electronics Engineers, Inc. (The); www.ieee.org. 108. IES - Illuminating Engineering Society; (Formerly: Illuminating Engineering Society of

North America); www.ies.org. 109. IESNA - Illuminating Engineering Society of North America; (See IES). 110. IEST - Institute of Environmental Sciences and Technology; www.iest.org. 111. IGMA - Insulating Glass Manufacturers Alliance; www.igmaonline.org. 112. IGSHPA - International Ground Source Heat Pump Association;

www.igshpa.okstate.edu. 113. ILI - Indiana Limestone Institute of America, Inc.; www.iliai.com. 114. Intertek - Intertek Group; (Formerly: ETL SEMCO; Intertek Testing Service NA);

www.intertek.com. 115. ISA - International Society of Automation (The); (Formerly: Instrumentation, Systems,

and Automation Society); www.isa.org. 116. ISAS - Instrumentation, Systems, and Automation Society (The); (See ISA).

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117. ISFA - International Surface Fabricators Association; (Formerly: International Solid Surface Fabricators Association); www.isfanow.org.

118. ISO - International Organization for Standardization; www.iso.org. 119. ISSFA - International Solid Surface Fabricators Association; (See ISFA). 120. ITU - International Telecommunication Union; www.itu.int/home. 121. KCMA - Kitchen Cabinet Manufacturers Association; www.kcma.org. 122. LMA - Laminating Materials Association; (See CPA). 123. LPI - Lightning Protection Institute; www.lightning.org. 124. MBMA - Metal Building Manufacturers Association; www.mbma.com. 125. MCA - Metal Construction Association; www.metalconstruction.org. 126. MFMA - Maple Flooring Manufacturers Association, Inc.; www.maplefloor.org. 127. MFMA - Metal Framing Manufacturers Association, Inc.; www.metalframingmfg.org. 128. MHIA - Material Handling Industry of America; www.mhia.org. 129. MIA - Marble Institute of America; www.marble-institute.com. 130. MMPA - Moulding & Millwork Producers Association; www.wmmpa.com. 131. MPI - Master Painters Institute; www.paintinfo.com. 132. MSS - Manufacturers Standardization Society of The Valve and Fittings Industry Inc.;

www.mss-hq.org. 133. NAAMM - National Association of Architectural Metal Manufacturers;

www.naamm.org. 134. NACE - NACE International; (National Association of Corrosion Engineers

International); www.nace.org. 135. NADCA - National Air Duct Cleaners Association; www.nadca.com. 136. NAIMA - North American Insulation Manufacturers Association; www.naima.org. 137. NBGQA - National Building Granite Quarries Association, Inc.; www.nbgqa.com. 138. NBI - New Buildings Institute; www.newbuildings.org. 139. NCAA - National Collegiate Athletic Association (The); www.ncaa.org. 140. NCMA - National Concrete Masonry Association; www.ncma.org. 141. NEBB - National Environmental Balancing Bureau; www.nebb.org. 142. NECA - National Electrical Contractors Association; www.necanet.org. 143. NeLMA - Northeastern Lumber Manufacturers Association; www.nelma.org. 144. NEMA - National Electrical Manufacturers Association; www.nema.org. 145. NETA - InterNational Electrical Testing Association; www.netaworld.org. 146. NFHS - National Federation of State High School Associations; www.nfhs.org. 147. NFPA - National Fire Protection Association; www.nfpa.org. 148. NFPA - NFPA International; (See NFPA). 149. NFRC - National Fenestration Rating Council; www.nfrc.org. 150. NHLA - National Hardwood Lumber Association; www.nhla.com. 151. NLGA - National Lumber Grades Authority; www.nlga.org. 152. NOFMA - National Oak Flooring Manufacturers Association; (See NWFA). 153. NOMMA - National Ornamental & Miscellaneous Metals Association; www.nomma.org. 154. NRCA - National Roofing Contractors Association; www.nrca.net. 155. NRMCA - National Ready Mixed Concrete Association; www.nrmca.org. 156. NSF - NSF International; www.nsf.org. 157. NSPE - National Society of Professional Engineers; www.nspe.org. 158. NSSGA - National Stone, Sand & Gravel Association; www.nssga.org. 159. NTMA - National Terrazzo & Mosaic Association, Inc. (The); www.ntma.com. 160. NWFA - National Wood Flooring Association; www.nwfa.org. 161. PCI - Precast/Prestressed Concrete Institute; www.pci.org.

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162. PDI - Plumbing & Drainage Institute; www.pdionline.org. 163. PLASA - PLASA; (Formerly: ESTA - Entertainment Services and Technology

Association); http://www.plasa.org. 164. RCSC - Research Council on Structural Connections; www.boltcouncil.org. 165. RFCI - Resilient Floor Covering Institute; www.rfci.com. 166. RIS - Redwood Inspection Service; www.redwoodinspection.com. 167. SAE - SAE International; www.sae.org. 168. SCTE - Society of Cable Telecommunications Engineers; www.scte.org. 169. SDI - Steel Deck Institute; www.sdi.org. 170. SDI - Steel Door Institute; www.steeldoor.org. 171. SEFA - Scientific Equipment and Furniture Association (The); www.sefalabs.com. 172. SEI/ASCE - Structural Engineering Institute/American Society of Civil Engineers; (See

ASCE). 173. SIA - Security Industry Association; www.siaonline.org. 174. SJI - Steel Joist Institute; www.steeljoist.org. 175. SMA - Screen Manufacturers Association; www.smainfo.org. 176. SMACNA - Sheet Metal and Air Conditioning Contractors' National Association;

www.smacna.org. 177. SMPTE - Society of Motion Picture and Television Engineers; www.smpte.org. 178. SPFA - Spray Polyurethane Foam Alliance; www.sprayfoam.org. 179. SPIB - Southern Pine Inspection Bureau; www.spib.org. 180. SPRI - Single Ply Roofing Industry; www.spri.org. 181. SRCC - Solar Rating & Certification Corporation; www.solar-rating.org. 182. SSINA - Specialty Steel Industry of North America; www.ssina.com. 183. SSPC - SSPC: The Society for Protective Coatings; www.sspc.org. 184. STI - Steel Tank Institute; www.steeltank.com. 185. SWI - Steel Window Institute; www.steelwindows.com. 186. SWPA - Submersible Wastewater Pump Association; www.swpa.org. 187. TCA - Tilt-Up Concrete Association; www.tilt-up.org. 188. TCNA - Tile Council of North America, Inc.; www.tileusa.com. 189. TEMA - Tubular Exchanger Manufacturers Association, Inc.; www.tema.org. 190. TIA - Telecommunications Industry Association (The); (Formerly: TIA/EIA -

Telecommunications Industry Association/Electronic Industries Alliance); www.tiaonline.org.

191. TIA/EIA - Telecommunications Industry Association/Electronic Industries Alliance; (See TIA).

192. TMS - The Masonry Society; www.masonrysociety.org. 193. TPI - Truss Plate Institute; www.tpinst.org. 194. TPI - Turfgrass Producers International; www.turfgrasssod.org. 195. TRI - Tile Roofing Institute; www.tileroofing.org. 196. UL - Underwriters Laboratories Inc.; http://www.ul.com. 197. UNI - Uni-Bell PVC Pipe Association; www.uni-bell.org. 198. USAV - USA Volleyball; www.usavolleyball.org. 199. USGBC - U.S. Green Building Council; www.usgbc.org. 200. USITT - United States Institute for Theatre Technology, Inc.; www.usitt.org. 201. WA - Wallcoverings Association; www.wallcoverings.org 202. WASTEC - Waste Equipment Technology Association; www.wastec.org. 203. WCLIB - West Coast Lumber Inspection Bureau; www.wclib.org. 204. WCMA - Window Covering Manufacturers Association; www.wcmanet.org.

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205. WDMA - Window & Door Manufacturers Association; www.wdma.com. 206. WI - Woodwork Institute; www.wicnet.org. 207. WSRCA - Western States Roofing Contractors Association; www.wsrca.com. 208. WWPA - Western Wood Products Association; www.wwpa.org.

B. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. This information is believed to be accurate as of the date of the Contract Documents.

1. DIN - Deutsches Institut fur Normung e.V.; www.din.de. 2. IAPMO - International Association of Plumbing and Mechanical Officials;

www.iapmo.org. 3. ICC - International Code Council; www.iccsafe.org. 4. ICC-ES - ICC Evaluation Service, LLC; www.icc-es.org.

C. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Information is subject to change and is up to date as of the date of the Contract Documents.

1. COE - Army Corps of Engineers; www.usace.army.mil. 2. CPSC - Consumer Product Safety Commission; www.cpsc.gov. 3. DOC - Department of Commerce; National Institute of Standards and Technology;

www.nist.gov. 4. DOD - Department of Defense; www.quicksearch.dla.mil. 5. DOE - Department of Energy; www.energy.gov. 6. EPA - Environmental Protection Agency; www.epa.gov. 7. FAA - Federal Aviation Administration; www.faa.gov. 8. FG - Federal Government Publications; www.gpo.gov/fdsys. 9. GSA - General Services Administration; www.gsa.gov. 10. HUD - Department of Housing and Urban Development; www.hud.gov. 11. LBL - Lawrence Berkeley National Laboratory; Environmental Energy Technologies

Division; www.eetd.lbl.gov. 12. OSHA - Occupational Safety & Health Administration; www.osha.gov. 13. SD - Department of State; www.state.gov. 14. TRB - Transportation Research Board; National Cooperative Highway Research

Program; The National Academies; www.trb.org. 15. USDA - Department of Agriculture; Agriculture Research Service; U.S. Salinity

Laboratory; www.ars.usda.gov. 16. USDA - Department of Agriculture; Rural Utilities Service; www.usda.gov. 17. USDOJ - Department of Justice; Office of Justice Programs; National Institute of Justice;

www.ojp.usdoj.gov. 18. USP - U.S. Pharmacopeial Convention; www.usp.org. 19. USPS - United States Postal Service; www.usps.com.

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PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 014200

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TEMPORARY FACILITIES AND CONTROLS 015000 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities.

B. Related Requirements:

1. Section 011000 "Summary" for work restrictions and limitations on utility interruptions.

1.2 USE CHARGES

A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities engaged in the Project to use temporary services and facilities without cost, including, but not limited to, Owner's construction forces, Architect, occupants of Project, testing agencies, and authorities having jurisdiction.

B. Water and Sewer Service from Existing System: Water from Owner's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations.

C. Electric Power Service from Existing System: Electric power from Owner's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations.

1.3 INFORMATIONAL SUBMITTALS

A. Site Utilization Plan: Show temporary facilities, temporary utility lines and connections, staging areas, construction site entrances, vehicle circulation, and parking areas for construction personnel.

B. Project Identification and Temporary Signs: Show fabrication and installation details, including plans, elevations, details, layouts, typestyles, graphic elements, and message content.

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C. Fire-Safety Program: Show compliance with requirements of NFPA 241 and authorities having jurisdiction. Indicate Contractor personnel responsible for management of fire-prevention program.

D. Moisture-and Mold-Protection Plan: Describe procedures and controls for protecting materials and construction from water absorption and damage and mold.

E. Dust- and HVAC-Control Plan: Submit coordination drawing and narrative that indicates the dust- and HVAC-control measures proposed for use, proposed locations, and proposed time frame for their operation. Include the following:

1. Locations of dust-control partitions at each phase of work. 2. HVAC system isolation schematic drawing. 3. Location of proposed air-filtration system discharge. 4. Waste-handling procedures. 5. Other dust-control measures.

1.4 QUALITY ASSURANCE

A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70.

B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits.

C. Accessible Temporary Egress: Comply with applicable provisions in the United States Access Board's ADA-ABA Accessibility Guidelines.

1.5 PROJECT CONDITIONS

A. Temporary Use of Permanent Facilities: Engage Installer of each permanent service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities.

PART 2 - PRODUCTS

2.1 TEMPORARY FACILITIES

A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading. Alternately, with Owner’s permission, an adequate office space within the project facility may be utilized in lieu of separate facility. Verify with Owner limitations of access and hours of use available.

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2.2 EQUIPMENT

A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures.

B. HVAC Equipment: Unless Owner authorizes use of permanent HVAC system, provide vented, self-contained, liquid-propane-gas or fuel-oil heaters with individual space thermostatic control.

1. Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating units is prohibited.

2. Heating Units: Listed and labeled for type of fuel being consumed, by a qualified testing agency acceptable to authorities having jurisdiction, and marked for intended location and application.

3. Permanent HVAC System: If Owner authorizes use of permanent HVAC system for temporary use during construction, provide filter with MERV of 8 at each return-air grille in system and remove at end of construction.

C. Air-Filtration Units: Primary and secondary HEPA-filter-equipped portable units with four-stage filtration. Provide single switch for emergency shutoff. Configure to run continuously.

PART 3 - EXECUTION

3.1 TEMPORARY FACILITIES, GENERAL

A. Conservation: Coordinate construction and use of temporary facilities with consideration given to conservation of energy, water, and materials. Coordinate use of temporary utilities to minimize waste.

1. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. See other Sections for disposition of salvaged materials that are designated as Owner's property.

3.2 INSTALLATION, GENERAL

A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work.

B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities.

3.3 TEMPORARY UTILITY INSTALLATION

A. General: Install temporary service or connect to existing service.

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1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services.

B. Sewers and Drainage: Provide temporary utilities to remove effluent lawfully.

1. Connect temporary sewers to municipal system as directed by authorities having jurisdiction.

C. Water Service: Install water service and distribution piping in sizes and pressures adequate for construction.

D. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities.

E. Temporary Heating and Cooling: Provide temporary heating and cooling required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed.

1. Provide temporary dehumidification systems when required to reduce ambient and substrate moisture levels to level required to allow installation or application of finishes and their proper curing or drying.

F. Isolation of Work Areas in Occupied Facilities: Prevent dust, fumes, and odors from entering occupied areas.

G. Electric Power Service: Provide electric power service and distribution system of sufficient size, capacity, and power characteristics required for construction operations.

1. Install electric power service overhead unless otherwise indicated.

H. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions.

1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system.

3.4 SUPPORT FACILITIES INSTALLATION

A. General: Comply with the following:

1. Provide construction for temporary offices, shops, and sheds located within construction area or within 30 feet of building lines that is noncombustible according to ASTM E 136. Comply with NFPA 241.

2. Maintain support facilities until Architect schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after Substantial

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Completion will be permitted to use permanent facilities, under conditions acceptable to Owner.

B. Traffic Controls: Comply with requirements of authorities having jurisdiction.

1. Protect existing site improvements to remain including curbs, pavement, and utilities. 2. Maintain access for fire-fighting equipment and access to fire hydrants.

C. Parking: Provide temporary parking areas for construction personnel.

D. Project Signs: Provide Project signs as indicated. Unauthorized signs are not permitted.

1. Identification Signs: Provide Project identification sign. 2. Temporary Signs: Provide other signs as indicated and as required to inform public and

individuals seeking entrance to Project.

a. Provide temporary, directional signs for construction personnel and visitors.

3. Maintain and touch up signs so they are legible at all times.

E. Waste Disposal Facilities: Comply with requirements specified in Section 017419 "Construction Waste Management and Disposal."

F. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel.

1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities.

G. Temporary Stairs: Until permanent stairs are available, provide temporary stairs where ladders are not adequate.

H. Existing Stair Usage: Use of Owner's existing stairs will be permitted, provided stairs are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore stairs to condition existing before initial use.

1. Provide protective coverings, barriers, devices, signs, or other procedures to protect stairs and to maintain means of egress. If stairs become damaged, restore damaged areas so no evidence remains of correction work.

I. Temporary Use of Permanent Stairs: Use of new stairs for construction traffic will be permitted, provided stairs are protected and finishes restored to new condition at time of Substantial Completion.

3.5 SECURITY AND PROTECTION FACILITIES INSTALLATION

A. Protection of Existing Facilities: Protect existing vegetation, equipment, structures, utilities, and other improvements at Project site and on adjacent properties, except those indicated to be removed or altered. Repair damage to existing facilities.

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1. Where access to adjacent properties is required in order to affect protection of existing facilities, obtain written permission from adjacent property owner to access property for that purpose.

B. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects.

C. Temporary Erosion and Sedimentation Control: Provide measures to prevent soil erosion and discharge of soil-bearing water runoff and airborne dust to undisturbed areas and to adjacent properties and walkways, according to requirements of EPA Construction General Permit or authorities having jurisdiction, whichever is more stringent.

1. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross tree- or plant-protection zones.

2. Inspect, repair, and maintain erosion- and sedimentation-control measures during construction until permanent vegetation has been established.

3. Clean, repair, and restore adjoining properties and roads affected by erosion and sedimentation from Project site during the course of Project.

4. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal.

D. Stormwater Control: Comply with requirements of authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains.

E. Tree and Plant Protection: Comply with requirements specified in Section 015639 "Temporary Tree and Plant Protection."

F. Tree and Plant Protection: Install temporary fencing located as indicated or outside the drip line of trees to protect vegetation from damage from construction operations. Protect tree root systems from damage, flooding, and erosion.

G. Pest Control: Engage pest-control service to recommend practices to minimize attraction and harboring of rodents, roaches, and other pests and to perform extermination and control procedures at regular intervals so Project will be free of pests and their residues at Substantial Completion. Perform control operations lawfully, using materials approved by authorities having jurisdiction.

H. Security Enclosure and Lockup: Install temporary enclosure around partially completed areas of construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. Lock entrances at end of each workday.

I. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting.

J. Temporary Egress: Maintain temporary egress from existing occupied facilities as indicated and as required by authorities having jurisdiction.

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K. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior.

1. Where heating or cooling is needed and permanent enclosure is incomplete, insulate temporary enclosures.

L. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241; manage fire-prevention program.

1. Prohibit smoking in construction areas. Comply with additional limits on smoking specified in other Sections.

2. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition according to requirements of authorities having jurisdiction.

3. Develop and supervise an overall fire-prevention and -protection program for personnel at Project site. Review needs with local fire department and establish procedures to be followed. Instruct personnel in methods and procedures. Post warnings and information.

4. Provide temporary standpipes and hoses for fire protection. Hang hoses with a warning sign stating that hoses are for fire-protection purposes only and are not to be removed. Match hose size with outlet size and equip with suitable nozzles.

3.6 MOISTURE AND MOLD CONTROL

A. Contractor's Moisture-Protection Plan: Describe delivery, handling, storage, installation, and protection provisions for materials subject to water absorption or water damage.

1. Indicate procedures for discarding water-damaged materials, protocols for mitigating water intrusion into completed Work, and replacing water-damaged Work.

2. Indicate sequencing of work that requires water, such as sprayed fire-resistive materials, plastering, and terrazzo grinding, and describe plans for dealing with water from these operations. Show procedures for verifying that wet construction has dried sufficiently to permit installation of finish materials.

3. Indicate methods to be used to avoid trapping water in finished work.

B. Exposed Construction Period: Before installation of weather barriers, when materials are subject to wetting and exposure and to airborne mold spores, protect as follows:

1. Protect porous materials from water damage. 2. Protect stored and installed material from flowing or standing water. 3. Keep porous and organic materials from coming into prolonged contact with concrete. 4. Remove standing water from decks. 5. Keep deck openings covered or dammed.

C. Partially Enclosed Construction Period: After installation of weather barriers but before full enclosure and conditioning of building, when installed materials are still subject to infiltration of moisture and ambient mold spores, protect as follows:

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1. Do not load or install drywall or other porous materials or components, or items with high organic content, into partially enclosed building.

2. Keep interior spaces reasonably clean and protected from water damage. 3. Periodically collect and remove waste containing cellulose or other organic matter. 4. Discard or replace water-damaged material. 5. Do not install material that is wet. 6. Discard and replace stored or installed material that begins to grow mold. 7. Perform work in a sequence that allows wet materials adequate time to dry before

enclosing the material in gypsum board or other interior finishes.

D. Controlled Construction Period: After completing and sealing of the building enclosure but prior to the full operation of permanent HVAC systems, maintain as follows:

1. Control moisture and humidity inside building by maintaining effective dry-in conditions. 2. Use temporary or permanent HVAC system to control humidity within ranges specified

for installed and stored materials. 3. Comply with manufacturer's written instructions for temperature, relative humidity, and

exposure to water limits.

3.7 OPERATION, TERMINATION, AND REMOVAL

A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses.

B. Maintenance: Maintain facilities in good operating condition until removal.

1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage.

C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion.

D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired.

1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs.

2. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Section 017700 "Closeout Procedures."

END OF SECTION 015000

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To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 016000 - PRODUCT REQUIREMENTS

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products.

B. Related Requirements:

1. Section 012500 "Substitution Procedures" for requests for substitutions.

1.2 DEFINITIONS

A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent.

1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature that is current as of date of the Contract Documents.

2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products.

3. Comparable Product: Product that is demonstrated and approved by Architect through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product.

B. Basis-of-Design Product Specification: A specification in which a single manufacturer's product is named and accompanied by the words "basis-of-design product," including make or model number or other designation. In addition to the basis-of-design product description, product attributes and characteristics may be listed to establish the significant qualities related to type, function, in-service performance and physical properties, weight, dimension, durability, visual characteristics, and other special features and requirements for purposes of evaluating comparable products of additional manufacturers named in the specification.

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1.3 ACTION SUBMITTALS

A. Comparable Product Request Submittal: Submit request for consideration of each comparable product. Identify basis-of-design product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles.

1. Include data to indicate compliance with the requirements specified in "Comparable Products" Article.

2. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven days of receipt of a comparable product request. Architect will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later.

a. Form of Architect's Approval of Submittal: As specified in Section 013300 "Submittal Procedures."

b. Use product specified if Architect does not issue a decision on use of a comparable product request within time allocated.

B. Basis-of-Design Product Specification Submittal: Comply with requirements in Section 013300 "Submittal Procedures." Show compliance with requirements.

1.4 QUALITY ASSURANCE

A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options.

1.5 PRODUCT DELIVERY, STORAGE, AND HANDLING

A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions.

B. Delivery and Handling:

1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces.

2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses.

3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing.

4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected.

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C. Storage:

1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weathertight

enclosure above ground, with ventilation adequate to prevent condensation. 4. Protect foam plastic from exposure to sunlight, except to extent necessary for period of

installation and concealment. 5. Comply with product manufacturer's written instructions for temperature, humidity,

ventilation, and weather-protection requirements for storage. 6. Protect stored products from damage and liquids from freezing.

1.6 PRODUCT WARRANTIES

A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents.

1. Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner.

2. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner.

B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution.

1. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed.

2. Specified Form: When specified forms are included with the Specifications, prepare a written document using indicated form properly executed.

3. See other Sections for specific content requirements and particular requirements for submitting special warranties.

PART 2 - PRODUCTS

2.1 PRODUCT SELECTION PROCEDURES

A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation.

1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect.

2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects.

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3. Owner reserves the right to limit selection to products with warranties meeting requirements of the Contract Documents.

4. Where products are accompanied by the term "as selected," Architect will make selection.

5. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products.

B. Product Selection Procedures:

1. Limited List of Products: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will be considered unless otherwise indicated.

a. Limited list of products may be indicated by the phrase: "Subject to compliance with requirements, provide one of the following: …"

2. Non-Limited List of Products: Where Specifications include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed product, which complies with requirements.

a. Non-limited list of products is indicated by the phrase: "Subject to compliance with requirements, available products that may be incorporated in the Work include, but are not limited to, the following: …"

3. Limited List of Manufacturers: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will be considered unless otherwise indicated.

a. Limited list of manufacturers is indicated by the phrase: "Subject to compliance with requirements, provide products by one of the following: …"

4. Non-Limited List of Manufacturers: Where Specifications include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer, which complies with requirements.

a. Non-limited list of manufacturers is indicated by the phrase: "Subject to compliance with requirements, available manufacturers whose products may be incorporated in the Work include, but are not limited to, the following: …"

5. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers.

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a. For approval of products by unnamed manufacturers, comply with requirements in Section 012500 "Substitution Procedures" for substitutions for convenience.

C. Visual Matching Specification: Where Specifications require "match Architect's sample," provide a product that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches.

1. If no product available within specified category matches and complies with other specified requirements, comply with requirements in Section 012500 "Substitution Procedures" for proposal of product.

D. Visual Selection Specification: Where Specifications include the phrase "as selected by Architect from manufacturer's full range" or similar phrase, select a product that complies with requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items.

2.2 COMPARABLE PRODUCTS

A. Conditions for Consideration of Comparable Products: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect may return requests without action, except to record noncompliance with these requirements:

1. Evidence that proposed product does not require revisions to the Contract Documents, is consistent with the Contract Documents, will produce the indicated results, and is compatible with other portions of the Work. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant product qualities include attributes such as type, function, in-service performance and physical properties, weight, dimension, durability, visual characteristics, and other specific features and requirements.

2. Evidence that proposed product provides specified warranty. 3. List of similar installations for completed projects with project names and addresses and

names and addresses of architects and owners, if requested. 4. Samples, if requested.

PART 3 - EXECUTION (Not Used)

END OF SECTION 016000

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EXECUTION 017300 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 017300 - EXECUTION

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following:

1. Construction layout. 2. Installation of the Work. 3. Cutting and patching. 4. Progress cleaning. 5. Starting and adjusting. 6. Protection of installed construction.

B. Related Requirements:

1. Section 011000 "Summary" for limits on use of Project site.

1.2 INFORMATIONAL SUBMITTALS

A. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept hazardous materials, for hazardous waste disposal.

1.3 QUALITY ASSURANCE

A. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements.

1. Structural Elements: When cutting and patching structural elements, notify Architect of locations and details of cutting and await directions from Architect before proceeding. Shore, brace, and support structural elements during cutting and patching. Do not cut and patch structural elements in a manner that could change their load-carrying capacity or increase deflection.

2. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety.

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3. Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety.

4. Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner.

B. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products and equipment.

PART 2 - PRODUCTS

2.1 MATERIALS

A. General: Comply with requirements specified in other Sections.

1. For projects requiring compliance with sustainable design and construction practices and procedures, use products for patching that comply with sustainable design requirements.

B. In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible.

1. If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to Architect for the visual and functional performance of in-place materials.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities, mechanical and electrical systems, and other construction affecting the Work.

1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; underground electrical services; and other utilities.

2. Furnish location data for work related to Project that must be performed by public utilities serving Project site.

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B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations.

1. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation.

2. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed.

3. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers.

C. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions.

3.2 PREPARATION

A. Existing Utility Information: Furnish information to local utility that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction.

B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work.

C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings.

D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of Contractor, submit a request for information to Architect according to requirements in Section 013100 "Project Management and Coordination."

3.3 CONSTRUCTION LAYOUT

A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Architect promptly.

B. Building Lines and Levels: Locate and lay out control lines and levels for structures, building foundations, column grids, and floor levels, including those required for mechanical and electrical work. Transfer survey markings and elevations for use with control lines and levels. Level foundations and piers from two or more locations.

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C. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used. Make the log available for reference by Architect.

3.4 INSTALLATION

A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated.

1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance

and ease of removal for replacement. 3. Conceal pipes, ducts, and wiring in finished areas unless otherwise indicated.

B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated.

C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion.

D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy.

E. Sequence the Work and allow adequate clearances to accommodate movement of construction items on site and placement in permanent locations.

F. Tools and Equipment: Where possible, select tools or equipment that minimize production of excessive noise levels.

G. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other portions of the Work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements.

H. Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions.

1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect.

2. Allow for building movement, including thermal expansion and contraction. 3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions

for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation.

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I. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints.

J. Remove and replace damaged, defective, or non-conforming Work.

3.5 CUTTING AND PATCHING

A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay.

1. Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition.

B. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties.

C. Temporary Support: Provide temporary support of work to be cut.

D. Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations.

E. Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of free passage to adjoining areas is unavoidable, coordinate cutting and patching according to requirements in Section 011000 "Summary."

F. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to prevent interruption to occupied areas.

G. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations.

1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use.

2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a

diamond-core drill. 4. Excavating and Backfilling: Comply with requirements in applicable Sections where

required by cutting and patching operations. 5. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be

removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting.

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6. Proceed with patching after construction operations requiring cutting are complete.

H. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable.

1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation.

2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will minimize evidence of patching and refinishing.

3. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition and ensures thermal and moisture integrity of building enclosure.

I. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces.

3.6 PROGRESS CLEANING

A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully.

1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris.

2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F.

3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations.

a. Use containers intended for holding waste materials of type to be stored.

4. Coordinate progress cleaning for joint-use areas where Contractor and other contractors are working concurrently.

B. Site: Maintain Project site free of waste materials and debris.

C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work.

1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom-clean or vacuum the

entire work area, as appropriate.

D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces.

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E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space.

F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion.

G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in Section 017419 "Construction Waste Management and Disposal."

H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion.

I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects.

J. Limiting Exposures: Supervise construction operations to ensure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period.

3.7 STARTING AND ADJUSTING

A. Coordinate startup and adjusting of equipment and operating components with requirements in Section 019113 "General Commissioning Requirements."

B. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest.

C. Adjust equipment for proper operation. Adjust operating components for proper operation without binding.

D. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment.

E. Manufacturer's Field Service: Comply with qualification requirements in Section 014000 "Quality Requirements."

3.8 PROTECTION OF INSTALLED CONSTRUCTION

A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion.

B. Protection of Existing Items: Provide protection and ensure that existing items to remain undisturbed by construction are maintained in condition that existed at commencement of the Work.

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C. Comply with manufacturer's written instructions for temperature and relative humidity.

END OF SECTION 017300

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CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 1

To the extent that any of the provisions of this specification section conflict with provisions of the specification sections contained in the Bidding Conditions and Contract Conditions the provisions of the specification sections contained in the Bidding Conditions and Contract Conditions shall take precedence and govern.

SECTION 017419 - CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for the following:

1. Recycling nonhazardous construction waste. 2. Disposing of nonhazardous demolition and construction waste.

1.2 DEFINITIONS

A. Construction Waste: Building, structure, and site improvement materials and other solid waste resulting from construction, remodeling, renovation, or repair operations. Construction waste includes packaging.

B. Demolition Waste: Building, structure, and site improvement materials resulting from demolition operations.

C. Disposal: Removal of demolition or construction waste and subsequent salvage, sale, recycling, or deposit in landfill, incinerator acceptable to authorities having jurisdiction, or designated spoil areas on Owner’s property.

D. Recycle: Recovery of demolition or construction waste for subsequent processing in preparation for reuse.

E. Salvage: Recovery of demolition or construction waste and subsequent sale or reuse in another facility.

F. Salvage and Reuse: Recovery of demolition or construction waste and subsequent incorporation into the Work.

1.3 INFORMATIONAL SUBMITTALS

A. Records of Donations: Indicate receipt and acceptance of salvageable waste donated to individuals and organizations. Indicate whether organization is tax exempt.

B. Records of Sales: Indicate receipt and acceptance of salvageable waste sold to individuals and organizations. Indicate whether organization is tax exempt.

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C. Recycling and Processing Facility Records: Indicate receipt and acceptance of recyclable waste by recycling and processing facilities licensed to accept them. Include manifests, weight tickets, receipts, and invoices.

D. Landfill and Incinerator Disposal Records: Indicate receipt and acceptance of waste by landfills and incinerator facilities licensed to accept them. Include manifests, weight tickets, receipts, and invoices.

PART 2 - PRODUCTS

PART 3 - EXECUTION

3.1 IMPLEMENTATION

A. General: Provide handling, containers, storage, signage, transportation, and other items as required during the entire duration of the Contract.

B. Training: Train workers, subcontractors, and suppliers on proper waste management procedures, as appropriate for the Work.

1. Distribute waste management plan to everyone concerned within three days of submittal return.

2. Distribute waste management plan to entities when they first begin work on-site. Review plan procedures and locations established for salvage, recycling, and disposal.

C. Site Access and Temporary Controls: Conduct waste management operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities.

1. Designate and label specific areas on Project site necessary for separating materials that are to be salvaged and recycled.

2. Comply with Section 015000 "Temporary Facilities and Controls" for controlling dust and dirt, environmental protection, and noise control.

D. Waste Management in Historic Zones or Areas: Transportation equipment and other materials shall be of sizes that clear surfaces within historic spaces, areas, rooms, and openings, by 12 inches or more.

3.2 RECYCLING CONSTRUCTION WASTE, GENERAL

A. General: Recycle paper and beverage containers used by on-site workers.

B. Recycling Incentives: Revenues, savings, rebates, tax credits, and other incentives received for recycling waste materials shall accrue to Contractor.

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CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 3

3.3 RECYCLING CONSTRUCTION WASTE

A. Packaging:

1. Cardboard and Boxes: Break down packaging into flat sheets. Bundle and store in a dry location.

2. Polystyrene Packaging: Separate and bag materials. 3. Pallets: As much as possible, require deliveries using pallets to remove pallets from

Project site. For pallets that remain on-site, break down pallets into component wood pieces and comply with requirements for recycling wood.

4. Crates: Break down crates into component wood pieces and comply with requirements for recycling wood.

B. Wood Materials:

1. Clean Cut-Offs of Lumber: Grind or chip into small pieces. 2. Clean Sawdust: Bag sawdust that does not contain painted or treated wood.

C. Paint: Seal containers and store by type.

3.4 DISPOSAL OF WASTE

A. General: Except for items or materials to be salvaged or recycled, remove waste materials from Project site and legally dispose of them in a landfill or incinerator acceptable to authorities having jurisdiction.

1. Except as otherwise specified, do not allow waste materials that are to be disposed of accumulate on-site.

2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.

B. General: Except for items or materials to be salvaged or recycled, remove waste materials and legally dispose of at designated spoil areas on Owner’s property.

C. Burning: Do not burn waste materials.

END OF SECTION 017419

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1813 Roofing Replacement of the Historic Fellsmere School Fellsmere, Florida

MASONRY CLEANING 040110 - 1

SECTION 040110 - MASONRY CLEANING

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes cleaning the following:

1. Unit masonry surfaces. 2. Stone surfaces.

1.2 DEFINITIONS

A. Low-Pressure Spray: 100 to 400 psi; 4 to 6 gpm.

1.3 PREINSTALLATION MEETINGS

A. Preinstallation Conference: Conduct conference at Project site.

1.4 ACTION SUBMITTALS

A. Product Data: For each type of product.

PART 2 - PRODUCTS

2.1 PAINT REMOVERS

A. Covered or Skin-Forming Alkaline Paint Remover: Manufacturer's standard covered or skin-forming, alkaline paste or gel formulation, for removing paint from masonry; containing no methylene chloride.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. American Building Restoration Products, Inc. b. Diedrich Technologies, Inc.; a Hohmann & Barnard company. c. Dumond Chemicals, Inc.

B. Low-Odor, Solvent-Type Paste Paint Remover: Manufacturer's standard low-odor, water-rinsable, solvent-type paste, gel, or foamed emulsion formulation, for removing paint coatings from masonry; containing no methanol or methylene chloride.

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MASONRY CLEANING 040110 - 2

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. American Building Restoration Products, Inc. b. Dumond Chemicals, Inc. c. PROSOCO, Inc.

2.2 CLEANING MATERIALS

A. Water: Potable.

B. Hot Water: Water heated to a temperature of 140 to 160 deg F.

C. Detergent Solution, Job Mixed: Solution prepared by mixing 2 cups of tetrasodium pyrophosphate (TSPP), 1/2 cup of laundry detergent, and 20 quarts of hot water for every 5 gal. of solution required.

D. Mold, Mildew, and Algae Remover, Job Mixed: Solution prepared by mixing 2 cups of tetrasodium pyrophosphate (TSPP), 5 quarts of 5 percent sodium hypochlorite (bleach), and 15 quarts of hot water for every 5 gal. of solution required.

E. Nonacidic Gel Cleaner: Manufacturer's standard gel formulation, with pH between 6 and 9, that contains detergents with chelating agents and is specifically formulated for cleaning masonry surfaces.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. Cathedral Stone Products, Inc. b. Price Research, Ltd. c. PROSOCO, Inc.

F. Nonacidic Liquid Cleaner: Manufacturer's standard mildly alkaline liquid cleaner formulated for removing mold, mildew, and other organic soiling from ordinary building materials, including polished stone, brick, aluminum, plastics, and wood.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. American Building Restoration Products, Inc. b. Diedrich Technologies, Inc.; a Hohmann & Barnard company. c. Dumond Chemicals, Inc. d. PROSOCO, Inc.

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MASONRY CLEANING 040110 - 3

PART 3 - EXECUTION

3.1 PROTECTION

A. Comply with each manufacturer's written instructions for protecting building and other surfaces against damage from exposure to its products. Prevent paint removers and chemical cleaning solutions from coming into contact with people, motor vehicles, landscaping, buildings, and other surfaces that could be harmed by such contact.

1. Cover adjacent surfaces with materials that are proven to resist paint removers and chemical cleaners used unless products being used will not damage adjacent surfaces. Use protective materials that are waterproof and UV resistant. Apply masking agents according to manufacturer's written instructions. Do not apply liquid strippable masking agent to painted or porous surfaces. When no longer needed, promptly remove masking to prevent adhesive staining.

3.2 CLEANING MASONRY, GENERAL

A. Cleaning Appearance Standard: Cleaned surfaces are to have a uniform appearance as viewed from 50 feet away by Architect.

B. Proceed with cleaning in an orderly manner; work from top to bottom of each scaffold width and from one end of each elevation to the other. Ensure that dirty residues and rinse water do not wash over dry, cleaned surfaces.

C. Use only those cleaning methods indicated for each masonry material and location.

1. Brushes: Do not use wire brushes or brushes that are not resistant to chemical cleaner being used.

2. Spray Equipment: Use spray equipment that provides controlled application at volume and pressure indicated, measured at nozzle. Adjust pressure and volume to ensure that cleaning methods do not damage surfaces, including joints.

a. Equip units with pressure gages. b. For water-spray application, use fan-shaped spray that disperses water at an angle

of 25 to 50 degrees. c. For heated water-spray application, use equipment capable of maintaining

temperature between 140 and 160 deg F at flow rates indicated.

D. Perform each cleaning method indicated in a manner that results in uniform coverage of all surfaces, including corners, moldings, and interstices, and that produces an even effect without streaking or damaging masonry surfaces. Keep wall wet below area being cleaned to prevent streaking from runoff.

E. Perform additional general cleaning, paint and stain removal, and spot cleaning of small areas that are noticeably different when viewed according to the "Cleaning Appearance Standard" Paragraph, so that cleaned surfaces blend smoothly into surrounding areas.

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MASONRY CLEANING 040110 - 4

F. Water-Spray Application Method: Unless otherwise indicated, hold spray nozzle at least 6 inches from masonry surface and apply water in horizontal back-and-forth sweeping motion, overlapping previous strokes to produce uniform coverage.

3.3 PRELIMINARY CLEANING

A. Removing Plant Growth: Completely remove visible plant, moss, and shrub growth from masonry surfaces. Carefully remove plants, creepers, and vegetation by cutting at roots and allowing remaining growth to dry as long as possible before removal. Remove loose soil and plant debris from open joints to whatever depth they occur.

B. Preliminary Cleaning: Before beginning general cleaning, remove extraneous substances that are resistant to planned cleaning methods. Extraneous substances include paint, calking, asphalt, and tar.

1. Carefully remove heavy accumulations of rigid materials from masonry surface with sharp chisel. Do not scratch or chip masonry surface.

2. Remove paint and calking with alkaline paint remover.

a. Comply with requirements in "Paint Removal" Article. b. Repeat application up to two times if needed.

3. Remove asphalt and tar with solvent-type paste paint remover.

a. Comply with requirements in "Paint Removal" Article. b. Apply paint remover only to asphalt and tar by brush without prewetting. c. Allow paint remover to remain on surface for 10 to 30 minutes. d. Repeat application if needed.

3.4 PAINT REMOVAL

A. Paint-Remover Application, General: Apply paint removers according to paint-remover manufacturer's written instructions. Do not allow paint removers to remain on surface for periods longer than those indicated or recommended in writing by manufacturer.

B. Paint Removal with Covered or Skin-Forming Alkaline Paint Remover:

1. Remove loose and peeling paint using low-pressure water spray, scrapers, stiff brushes, or a combination of these. Let surface dry thoroughly.

2. Apply paint remover to dry, painted surface with trowel, spatula, or as recommended in writing by manufacturer.

3. Apply cover according to manufacturer's written instructions. 4. Allow paint remover to remain on surface for period recommended in writing by

manufacturer or as determined by preconstruction testing. 5. Scrape off paint and remover.

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MASONRY CLEANING 040110 - 5

6. Rinse with hot water applied by low-pressure spray to remove chemicals and paint residue.

7. Apply acidic cleaner or manufacturer's recommended afterwash to surface, while surface is still wet, using low-pressure spray equipment or soft-fiber brush. Let cleaner or afterwash remain on surface as a neutralizing agent for period recommended by chemical-cleaner or afterwash manufacturer.

8. Rinse with cold water applied by low-pressure spray to remove chemicals and soil. 9. Retreat spots of remaining paint.

3.5 CLEANING MASONRY

A. Detergent Cleaning:

1. Wet surface with hot water applied by low-pressure spray. 2. Scrub surface with detergent solution using medium-soft brushes until soil is thoroughly

dislodged and can be removed by rinsing. Use small brushes to remove soil from mortar joints and crevices. Dip brush in solution often to ensure that adequate fresh detergent is used and that surface remains wet.

3. Rinse with hot water applied by low-pressure spray to remove detergent solution and soil.

B. Mold, Mildew, and Algae Removal:

1. Wet surface with hot water applied by low-pressure spray. 2. Apply mold, mildew, and algae remover by brush or low-pressure spray. 3. Scrub surface with medium-soft brushes until mold, mildew, and algae are thoroughly

dislodged and can be removed by rinsing. Use small brushes for mortar joints and crevices. Dip brush in mold, mildew, and algae remover often to ensure that adequate fresh cleaner is used and that surface remains wet.

4. Rinse with hot water applied by low-pressure spray to remove mold, mildew, and algae remover and soil.

5. Repeat cleaning procedure above where required to produce cleaning effect established by mockup.

C. Nonacidic Gel Chemical Cleaning:

1. Wet surface with hot water applied by low-pressure spray. 2. Apply gel cleaner in 1/8-inch thickness by brush, working into joints and crevices. Apply

quickly and do not brush out excessively, so area is uniformly covered with fresh cleaner and dwell time is uniform throughout area being cleaned.

3. Remove bulk of gel cleaner. 4. Rinse with hot water applied by low-pressure spray to remove chemicals and soil. 5. Repeat cleaning procedure above where required to produce cleaning effect established

by mockup. Do not repeat more than once. If additional cleaning is required, use steam cleaning.

D. Nonacidic Liquid Chemical Cleaning:

1. Wet surface with hot water applied by low-pressure spray.

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MASONRY CLEANING 040110 - 6

2. Apply cleaner to surface in two applications by brush or low-pressure spray. 3. Let cleaner remain on surface for period recommended in writing by chemical-cleaner

manufacturer. 4. Rinse with hot water applied by low-pressure spray to remove chemicals and soil.

END OF SECTION 040110

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1813 Roofing Replacement of the Historic Fellsmere School Fellsmere, Florida

BRICK MASONRY REPOINTING 040120.64 - 1

SECTION 040120.64 - BRICK MASONRY REPOINTING

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes repointing joints with mortar.

1.2 PREINSTALLATION MEETINGS

A. Preinstallation Conference: Conduct conference at Project site.

1.3 ACTION SUBMITTALS

A. Product Data: For each type of product.

B. Samples: For each exposed product and for each color and texture specified.

1.4 INFORMATIONAL SUBMITTALS

A. Quality-control program.

1.5 QUALITY ASSURANCE

A. Brick Masonry Repointing Specialist Qualifications: Engage an experienced brick masonry repointing firm to perform work of this Section. Firm shall have completed work similar in material, design, and extent to that indicated for this Project with a record of successful in-service performance. Experience in only installing masonry is insufficient experience for masonry repointing work.

B. Quality-Control Program: Employ a quality-control program for this Project to systematically ensure the ability of personnel to properly follow methods and use materials and tools without damaging masonry. Include provisions for supervising performance and preventing damage.

C. Mockups: Prepare mockups of brick masonry repointing to demonstrate aesthetic effects and to set quality standards for materials and execution.

1. Repointing: Rake out joints in two separate areas, each approximately 36 inches high by 48 inches wide, unless otherwise indicated, for each type of repointing required, and repoint one of the areas.

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BRICK MASONRY REPOINTING 040120.64 - 2

PART 2 - PRODUCTS

2.1 MORTAR MATERIALS

A. Portland Cement: ASTM C 150/C 150M, Type I or Type II, except Type III may be used for cold-weather construction; white or gray, or both where required for color matching of mortar.

1. Provide cement containing not more than 0.60 percent total alkali when tested according to ASTM C 114.

B. Hydrated Lime: ASTM C 207, Type S.

C. Masonry Cement: ASTM C 91/C 91M.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. Cemex S.A.B. de C.V. b. Essroc. c. Hanson Brick and Tile;Lehigh Hanson. d. Holcim (US) Inc. e. Lafarge North America Inc. f. QUIKRETE.

D. Mortar Cement: ASTM C 1329/C 1329M.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. Lafarge North America Inc.

E. Mortar Sand: ASTM C 144.

1. Match size, texture, and gradation of existing mortar sand as closely as possible. Blend several sands if necessary to achieve suitable match.

2. Color: Provide natural sand or ground marble, granite, or other sound stone of color necessary to produce required mortar color.

F. Mortar Pigments: ASTM C 979/C 979M, compounded for use in mortar mixes, and having a record of satisfactory performance in masonry mortars.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. Davis Colors.

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BRICK MASONRY REPOINTING 040120.64 - 3

b. LANXESS Corporation. c. Solomon Colors, Inc.

G. Water: Potable.

2.2 MORTAR MIXES

A. Measurement and Mixing: Measure cementitious materials and sand in a dry condition by volume or equivalent weight. Do not measure by shovel; use known measure. Mix materials in a clean, mechanical batch mixer.

1. Mixing Pointing Mortar: Thoroughly mix cementitious materials and sand together before adding any water. Then mix again, adding only enough water to produce a damp, unworkable mix that retains its form when pressed into a ball. Maintain mortar in this dampened condition for 15 to 30 minutes. Add remaining water in small portions until mortar reaches desired consistency. Use mortar within one hour of final mixing; do not retemper or use partially hardened material.

B. Colored Mortar: Produce mortar of color required by using specified ingredients. Do not alter specified proportions without Architect's approval.

1. Mortar Pigments: Where mortar pigments are indicated, do not add pigment exceeding 10 percent by weight of the cementitious or binder materials, except for carbon black which is limited to 2 percent.

C. Do not use admixtures in mortar unless otherwise indicated.

D. Mixes: Mix mortar materials in the following proportions: 1. Pointing Mortar by Type: ASTM C 270, Proportion Specification, Type N unless

otherwise indicated; with cementitious material limited to portland cement and lime, masonry cement, or mortar cement. Add mortar pigments to produce mortar colors required.

PART 3 - EXECUTION

3.1 REPOINTING MASONRY

A. Rake out and repoint joints to the following extent: 1. Brick masonry locations as indicated on Drawings.

2. Joints indicated as sealant-filled joints. Seal joints according to Section 079200 "Joint Sealants."

B. Do not rake out and repoint joints where not required.

C. Rake out joints as follows, according to procedures demonstrated in approved mockup:

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BRICK MASONRY REPOINTING 040120.64 - 4

1. Remove mortar from joints to depth of joint width plus 1/8 inch, but not less than 1/2 inch or not less than that required to expose sound, unweathered mortar. Do not remove unsound mortar more than 2 inches deep; consult Architect for direction.

2. Remove mortar from masonry surfaces within raked-out joints to provide reveals with square backs and to expose masonry for contact with pointing mortar. Brush, vacuum, or flush joints to remove dirt and loose debris.

3. Do not spall edges of masonry units or widen joints. Replace or patch damaged masonry units as directed by Architect.

D. Notify Architect of unforeseen detrimental conditions including voids in mortar joints, cracks, loose masonry units, rotted wood, rusted metal, and other deteriorated items.

E. Pointing with Mortar:

1. Rinse joint surfaces with water to remove dust and mortar particles. Time rinsing application so, at time of pointing, joint surfaces are damp but free of standing water. If rinse water dries, dampen joint surfaces before pointing.

2. Apply pointing mortar first to areas where existing mortar was removed to depths greater than surrounding areas. Apply in layers not greater than 3/8 inch until a uniform depth is formed. Fully compact each layer, and allow it to become thumbprint hard before applying next layer.

3. After deep areas have been filled to same depth as remaining joints, point joints by placing mortar in layers not greater than 3/8 inch. Fully compact each layer and allow to become thumbprint hard before applying next layer. Where existing masonry units have worn or rounded edges, slightly recess finished mortar surface below face of masonry to avoid widened joint faces. Take care not to spread mortar beyond joint edges onto exposed masonry surfaces or to featheredge the mortar.

4. When mortar is thumbprint hard, tool joints to match original appearance of joints as demonstrated in approved mockup. Remove excess mortar from edge of joint by brushing.

5. Cure mortar by maintaining in thoroughly damp condition for at least 72 consecutive hours, including weekends and holidays.

6. Hairline cracking within mortar or mortar separation at edge of a joint is unacceptable. Completely remove such mortar and repoint.

F. Where repointing work precedes cleaning of existing masonry, allow mortar to harden at least 30 days before beginning cleaning work.

3.2 FINAL CLEANING

A. After mortar has fully hardened, thoroughly clean exposed masonry surfaces of excess mortar and foreign matter; use wood scrapers, stiff-nylon or -fiber brushes, and clean water, applied by low pressure spray.

1. Do not use metal scrapers or brushes. 2. Do not use acidic or alkaline cleaners.

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END OF SECTION 040120.64

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1813 Roofing Replacement of the Historic Fellsmere School Fellsmere, Florida

METAL FABRICATIONS 055000 - 1

SECTION 055000 - METAL FABRICATIONS

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Miscellaneous steel framing and supports. 2. Metal ladders.

1.2 ACTION SUBMITTALS

A. Shop Drawings: Show fabrication and installation details. Include plans, elevations, sections, and details of metal fabrications and their connections. Show anchorage and accessory items.

B. Delegated-Design Submittal: For ladders, including analysis data signed and sealed by the qualified professional engineer responsible for their preparation.

PART 2 - PRODUCTS

2.1 PERFORMANCE REQUIREMENTS

A. Delegated Design: Engage a qualified professional engineer.

B. Thermal Movements: Allow for thermal movements from ambient and surface temperature changes acting on exterior metal fabrications by preventing buckling, opening of joints, overstressing of components, failure of connections, and other detrimental effects.

1. Temperature Change: 120 deg F, ambient; 180 deg F, material surfaces.

2.2 METALS

A. Metal Surfaces, General: Provide materials with smooth, flat surfaces unless otherwise indicated. For metal fabrications exposed to view in the completed Work, provide materials without seam marks, roller marks, rolled trade names, or blemishes.

B. Steel Plates, Shapes, and Bars: ASTM A 36/A 36M.

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METAL FABRICATIONS 055000 - 2

2.3 FASTENERS

A. General: Unless otherwise indicated, provide Type 304 stainless-steel fasteners for exterior use and zinc-plated fasteners with coating complying with ASTM B 633 or ASTM F 1941, Class Fe/Zn 5, at exterior walls. Select fasteners for type, grade, and class required.

B. Post-Installed Anchors: Torque-controlled expansion anchors.

2.4 FABRICATION, GENERAL

A. Shop Assembly: Preassemble items in the shop to greatest extent possible. Use connections that maintain structural value of joined pieces.

B. Cut, drill, and punch metals cleanly and accurately. Remove burrs and ease edges. Remove sharp or rough areas on exposed surfaces.

C. Weld corners and seams continuously to comply with the following:

1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals.

2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and surfaces smooth and blended.

D. Form exposed connections with hairline joints, flush and smooth, using concealed fasteners or welds where possible. Locate joints where least conspicuous.

E. Fabricate seams and other connections that are exposed to weather in a manner to exclude water. Provide weep holes where water may accumulate.

F. Where units are indicated to be cast into concrete or built into masonry, equip with integrally welded steel strap anchors not less than 8 inches from ends and corners of units and 24 inches o.c.

2.5 MISCELLANEOUS FRAMING AND SUPPORTS

A. General: Provide steel framing and supports not specified in other Sections as needed to complete the Work.

B. Fabricate units from steel shapes, plates, and bars of welded construction unless otherwise indicated. Fabricate to sizes, shapes, and profiles indicated and as necessary to receive adjacent construction.

2.6 METAL LADDERS

A. General:

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METAL FABRICATIONS 055000 - 3

1. Comply with ANSI A14.3.

B. Steel Ladders:

1. Space siderails 18 inches apart unless otherwise indicated. 2. Siderails: Continuous, 3/8-by-2-1/2-inch steel flat bars, with eased edges. 3. Rungs: 3/4-inch-diameter steel bars. 4. Fit rungs in centerline of siderails; plug-weld and grind smooth on outer rail faces. 5. Provide nonslip surfaces on top of each rung. 6. Galvanize exterior ladders, including brackets.

2.7 STEEL WELD PLATES AND ANGLES

A. Provide steel weld plates and angles not specified in other Sections, for items supported from concrete construction as needed to complete the Work. Provide each unit with no fewer than two integrally welded steel strap anchors for embedding in concrete.

2.8 FINISHES, GENERAL

A. Finish metal fabrications after assembly.

2.9 STEEL AND IRON FINISHES

A. Galvanizing: Hot-dip galvanize items as indicated to comply with ASTM A 153/A 153M for steel and iron hardware and with ASTM A 123/A 123M for other steel and iron products.

PART 3 - EXECUTION

3.1 INSTALLATION, GENERAL

A. Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for installing metal fabrications. Set metal fabrications accurately in location, alignment, and elevation; with edges and surfaces level, plumb, true, and free of rack; and measured from established lines and levels.

B. Fit exposed connections accurately together to form hairline joints. Weld connections that are not to be left as exposed joints but cannot be shop welded because of shipping size limitations. Do not weld, cut, or abrade surfaces of exterior units that have been hot-dip galvanized after fabrication and are for bolted or screwed field connections.

C. Field Welding: Comply with the following requirements:

1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals.

2. Obtain fusion without undercut or overlap.

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METAL FABRICATIONS 055000 - 4

3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and surfaces smooth and blended so no

roughness shows after finishing and contour of welded surface matches that of adjacent surface.

D. Fastening to In-Place Construction: Provide anchorage devices and fasteners where metal fabrications are required to be fastened to in-place construction.

E. Provide temporary bracing or anchors in formwork for items that are to be built into concrete, masonry, or similar construction.

3.2 ADJUSTING AND CLEANING

A. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas and repair galvanizing to comply with ASTM A 780/A 780M.

END OF SECTION 055000

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MISCELLANEOUS ROUGH CARPENTRY 061053 - 1

SECTION 061053 - MISCELLANEOUS ROUGH CARPENTRY

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Rooftop equipment bases and support curbs. 2. Wood blocking, cants, and nailers. 3. Wood furring and grounds. 4. Wood sleepers.

1.2 ACTION SUBMITTALS

A. Product Data: For each type of process and factory-fabricated product.

PART 2 - PRODUCTS

2.1 WOOD PRODUCTS, GENERAL

A. Lumber: DOC PS 20 and applicable rules of grading agencies indicated. If no grading agency is indicated, provide lumber that complies with the applicable rules of any rules-writing agency certified by the ALSC Board of Review. Provide lumber graded by an agency certified by the ALSC Board of Review to inspect and grade lumber under the rules indicated.

1. Factory mark each piece of lumber with grade stamp of grading agency. 2. For exposed lumber indicated to receive a stained or natural finish, mark grade stamp on

end or back of each piece or omit grade stamp and provide certificates of grade compliance issued by grading agency.

3. Dress lumber, S4S, unless otherwise indicated.

B. Maximum Moisture Content of Lumber: 19 percent unless otherwise indicated.

2.2 WOOD-PRESERVATIVE-TREATED MATERIALS

A. Preservative Treatment by Pressure Process: AWPA U1; Use Category UC2 for interior construction not in contact with ground, Use Category UC3b for exterior construction not in contact with ground, and Use Category UC4a for items in contact with ground.

1. Preservative Chemicals: Acceptable to authorities having jurisdiction and containing no arsenic or chromium.

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MISCELLANEOUS ROUGH CARPENTRY 061053 - 2

B. Kiln-dry lumber after treatment to a maximum moisture content of 19 percent. Do not use material that is warped or does not comply with requirements for untreated material.

C. Mark lumber with treatment quality mark of an inspection agency approved by the ALSC Board of Review.

D. Application: Treat all miscellaneous carpentry unless otherwise indicated.

1. Wood cants, nailers, curbs, equipment support bases, blocking, stripping, and similar members in connection with roofing, flashing, vapor barriers, and waterproofing.

2. Wood sills, sleepers, blocking, furring, stripping, and similar concealed members in contact with masonry or concrete.

3. Wood framing and furring attached directly to the interior of below-grade exterior masonry or concrete walls.

4. Wood framing members that are less than 18 inches above the ground in crawlspaces or unexcavated areas.

5. Wood floor plates that are installed over concrete slabs-on-grade.

2.3 MISCELLANEOUS LUMBER

A. General: Provide miscellaneous lumber indicated and lumber for support or attachment of other construction, including the following:

1. Blocking. 2. Nailers. 3. Rooftop equipment bases and support curbs. 4. Cants. 5. Furring. 6. Grounds.

B. Dimension Lumber Items: Construction or No. 2 grade lumber of any species.

C. Concealed Boards: 19 percent maximum moisture content of the following species and grades:

1. Mixed southern pine or southern pine, No. 2 grade; SPIB.

2.4 FASTENERS

A. General: Provide fasteners of size and type indicated that comply with requirements specified in this article for material and manufacture.

1. Where carpentry is exposed to weather, in ground contact, pressure-preservative treated, or in area of high relative humidity, provide fasteners of Type 304 stainless steel.

B. Screws for Fastening to Metal Framing: ASTM C 1002, length as recommended by screw manufacturer for material being fastened.

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C. Power-Driven Fasteners: Fastener systems with an evaluation report acceptable to authorities having jurisdiction, based on ICC-ES AC70.

2.5 MISCELLANEOUS MATERIALS

A. Adhesives for Gluing Furring and Sleepers to Concrete or Masonry: Formulation complying with ASTM D 3498 that is approved for use indicated by adhesive manufacturer.

1. Adhesives shall have a VOC content of 70 g/L or less. 2. Adhesive shall comply with the testing and product requirements of the California

Department of Public Health's "Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using Environmental Chambers."

B. Flexible Flashing: Composite, self-adhesive, flashing product consisting of a pliable, butyl rubber or rubberized-asphalt compound, bonded to a high-density polyethylene film, aluminum foil, or spunbonded polyolefin to produce an overall thickness of not less than 0.025 inch.

PART 3 - EXECUTION

3.1 INSTALLATION, GENERAL

A. Framing Standard: Comply with AF&PA's WCD 1, "Details for Conventional Wood Frame Construction," unless otherwise indicated.

B. Set carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Fit carpentry accurately to other construction. Locate furring, nailers, blocking, grounds, and similar supports to comply with requirements for attaching other construction.

C. Install plywood backing panels by fastening to studs; coordinate locations with utilities requiring backing panels.

D. Do not splice structural members between supports unless otherwise indicated.

E. Comply with AWPA M4 for applying field treatment to cut surfaces of preservative-treated lumber.

F. Securely attach carpentry work to substrate by anchoring and fastening as indicated, complying with the following:

1. Table 2304.9.1, "Fastening Schedule," in ICC's International Building Code. 2. ICC-ES evaluation report for fastener.

END OF SECTION 061053

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WOOD ROOF DECKING 061516 - 1

SECTION 061516 - WOOD ROOF DECKING

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes solid-sawn wood roof decking

1.2 ACTION SUBMITTALS

A. Product Data: For each type of product.

PART 2 - PRODUCTS

2.1 WOOD ROOF DECKING, GENERAL

A. General: Comply with DOC PS 20 and with applicable grading rules of inspection agencies certified by ALSC's Board of Review.

2.2 SOLID-SAWN WOOD ROOF DECKING

A. Standard for Solid-Sawn Wood Roof Decking: Comply with AITC 112.

B. Roof Decking Species: Balsam fir, Douglas fir-larch, Douglas fir-larch (North), hem-fir, hem-fir (North), southern pine, spruce pine-fir (North), western hemlock, or western hemlock (North).

C. Roof Decking Nominal Size: 1 by 6. (Match Existing, Verify in Field)

D. Roof Decking Grade: Select(ed) Decking or Select Dex.

E. Grade Stamps: Factory mark each item with grade stamp of grading agency. Apply grade stamp to surfaces that are not exposed to view.

F. Moisture Content: Provide wood roof decking with 15 percent maximum moisture content at time of dressing.

G. Face Surface: Smooth.

H. Edge Pattern: Channel grooved.

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2.3 ACCESSORY MATERIALS

A. Fastener Material: Hot-dip galvanized steel.

B. Sealants: Latex, complying with applicable requirements in Section 079200 "Joint Sealants" and recommended by sealant manufacturer and manufacturer of substrates for intended application.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. Bostik, Inc. b. Pecora Corporation. c. Tremco Incorporated.

PART 3 - EXECUTION

3.1 INSTALLATION

A. Install solid-sawn wood roof decking to comply with AITC 112.

1. Locate end joints for two-span continuous lay-up.

B. Anchor wood roof decking, where supported on walls, with bolts as indicated.

C. Apply joint sealant to seal roof decking at exterior walls at the following locations:

1. Between roof decking and supports located at exterior walls. 2. Between roof decking and exterior walls that butt against underside of roof decking. 3. Between tongues and grooves of roof decking over exterior walls and supports at exterior

walls.

3.2 PROTECTION

A. Provide water-resistive barrier over roof decking as the Work progresses to protect roof decking until roofing is applied.

END OF SECTION 061516

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PREPARATION FOR REROOFING 070150.19 - 1

SECTION 070150.19 - PREPARATION FOR REROOFING

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Full tear-off of entire roof system. 2. Re-cover preparation of entire roof area. 3. Removal of flashings and counterflashings.

1.2 ALLOWANCES

A. Allowance for removal of existing deteriorated wood roof deck, and replacement with new wood deck, is specified under Section 012100 "Allowances."

1.3 UNIT PRICES

A. Work of this Section is affected by deteriorated wood roof deck removal and replacement unit price.

1.4 PREINSTALLATION MEETINGS

A. Preliminary Roofing Conference: Before starting removal Work, conduct conference at Project site.

1.5 INFORMATIONAL SUBMITTALS

A. Photographs or Videotape: Show existing conditions of adjoining construction and site improvements, including exterior and interior finish surfaces, that might be misconstrued as having been damaged by reroofing operations.

1. Submit before Work begins.

1.6 FIELD CONDITIONS

A. Existing Roofing System: Built-up asphalt roofing.

B. Owner will occupy portions of building immediately below reroofing area.

1. Conduct reroofing so Owner's operations are not disrupted.

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2. Provide Owner with not less than 72 hours' written notice of activities that may affect Owner's operations.

3. Coordinate work activities daily with Owner so Owner has adequate advance notice to place protective dust and water-leakage covers over sensitive equipment and furnishings, shut down HVAC and fire-alarm or -detection equipment if needed, and evacuate occupants from below work area.

4. Before working over structurally impaired areas of deck, notify Owner to evacuate occupants from below affected area.

a. Verify that occupants below work area have been evacuated before proceeding with work over impaired deck area.

C. Protect building to be reroofed, adjacent buildings, walkways, site improvements, exterior plantings, and landscaping from damage or soiling from reroofing operations.

D. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities.

E. Conditions existing at time of inspection for bidding will be maintained by Owner as far as practical. 1. The results of an analysis of test cores from existing roofing system are available for

Contractor's reference.

F. Weather Limitations: Proceed with reroofing preparation only when existing and forecasted weather conditions permit Work to proceed without water entering existing roofing system or building.

1. Remove only as much roofing in one day as can be made watertight in the same day.

PART 2 - PRODUCTS

2.1 AUXILIARY REROOFING MATERIALS

A. General: Use auxiliary reroofing preparation materials recommended by roofing system manufacturer for intended use and compatible with components of new roofing system.

PART 3 - EXECUTION

3.1 PREPARATION

A. Seal or isolate windows that may be exposed to airborne substances created in removal of existing materials.

B. Test existing roof drains to verify that they are not blocked or restricted.

1. Immediately notify Architect of any blockages or restrictions.

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C. Coordinate with Owner to shut down air-intake equipment in the vicinity of the Work.

1. Cover air-intake louvers before proceeding with reroofing work that could affect indoor air quality or activate smoke detectors in the ductwork.

D. During removal operations, have sufficient and suitable materials on-site to facilitate rapid installation of temporary protection in the event of unexpected rain.

E. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday.

1. Prevent debris from entering or blocking roof drains and conductors.

a. Use roof-drain plugs specifically designed for this purpose. b. Remove roof-drain plugs at end of each workday, when no work is taking place, or

when rain is forecast.

2. If roof drains are temporarily blocked or unserviceable due to roofing system removal or partial installation of new roofing system, provide alternative drainage method to remove water and eliminate ponding.

a. Do not permit water to enter into or under existing roofing system components that are to remain.

3.2 ROOF TEAR-OFF

A. Notify Owner each day of extent of roof tear-off proposed for that day and obtain authorization to proceed.

B. Lower removed roofing materials to ground and onto lower roof levels, using dust-tight chutes or other acceptable means of removing materials from roof areas.

C. Remove loose aggregate from aggregate-surfaced, built-up bituminous roofing using a power broom.

D. Full Roof Tear-off: Remove existing roofing and other roofing system components down to the existing roof deck. 1. Remove base flashings and counter flashings. 2. Remove perimeter edge flashing and gravel stops. 3. Remove copings. 4. Remove flashings at pipes, curbs, mechanical equipment, and other penetrations. 5. Remove roof drains indicated on Drawings to be removed. 6. Remove wood blocking, curbs, and nailers, not scheduled to remain.

7. Remove fasteners from deck or cut fasteners off slightly above deck surface.

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3.3 DECK PREPARATION

A. Inspect deck after tear-off of roofing system.

B. If broken or loose fasteners that secure deck panels to one another or to structure are observed, or if deck appears or feels inadequately attached, immediately notify Architect.

1. Do not proceed with installation until directed by Architect.

C. If deck surface is unsuitable for receiving new roofing or if structural integrity of deck is suspect, immediately notify Architect.

1. Do not proceed with installation until directed by Architect.

D. Provide additional deck securement as indicated on Drawings.

3.4 BASE FLASHING REMOVAL

A. Remove existing base flashings.

1. Clean substrates of contaminants, such as asphalt, sheet materials, dirt, and debris.

B. Do not damage metal counterflashings that are to remain.

1. Replace metal counterflashings damaged during removal with counterflashings of same metal, weight or thickness, and finish as existing.

END OF SECTION 070150.19

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STYRENE-BUTADIENE-STYRENE (SBS) MODIFIED BITUMINOUS MEMBRANE ROOFING

075216 - 1

SECTION 075216 - STYRENE-BUTADIENE-STYRENE (SBS) MODIFIED BITUMINOUS MEMBRANE ROOFING (ADD ALTERNATE #1)

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Styrene-butadiene-styrene (SBS)-modified bituminous membrane roofing. 2. Roof insulation. 3. Cover board. 4. Walkways.

B. Related Requirements:

1. Section 061053 "Miscellaneous Rough Carpentry" for wood nailers, curbs, and blocking, and for wood-based, structural-use roof deck panels.

2. Section 076200 "Sheet Metal Flashing and Trim" for metal roof flashings and counter flashings.

3. Section 079200 "Joint Sealants" for joint sealants, joint fillers, and joint preparation.

1.2 DEFINITIONS

A. Roofing Terminology: Definitions in ASTM D 1079 and glossary of NRCA's "The NRCA Roofing Manual: Membrane Roof Systems" apply to Work of this Section.

1.3 PREINSTALLATION MEETINGS

A. Pre-installation Roofing Conference: Conduct conference at Project site.

1. Meet with Owner, Facility Manager, Architect, Owner's insurer if applicable, testing and inspecting agency representative, roofing Installer, roofing system manufacturer's representative, deck Installer, air barrier Installer, and installers whose work interfaces with or affects roofing, including installers of roof accessories and roof-mounted equipment.

2. Review methods and procedures related to roofing installation, including manufacturer's written instructions.

3. Review and finalize construction schedule, and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays.

4. Examine deck substrate conditions and finishes for compliance with requirements, including flatness and fastening.

5. Review structural loading limitations of roof deck during and after roofing.

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6. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that affects roofing system.

7. Review governing regulations and requirements for insurance and certificates if applicable.

8. Review temporary protection requirements for roofing system during and after installation.

9. Review roof observation and repair procedures after roofing installation.

1.4 ACTION SUBMITTALS

A. Shop Drawings: Include plans, sections, details, and attachments to other work, including the following:

1. Layout and thickness of insulation. 2. Base flashings and membrane terminations. 3. Flashing details at penetrations. 4. Tapered insulation, including slopes. 5. Roof plan showing orientation of roof membrane, fastening spacings, and patterns for

mechanically fastened roofing system. 6. Crickets, saddles, and tapered edge strips, including slopes. 7. Insulation fastening patterns for corner, perimeter, and field-of-roof locations. 8. Tie-in with adjoining air barrier.

B. Samples for Verification: For the following products:

1. Cap Sheet: Samples of manufacturer's standard colors for selection by Architect. 2. Flashing Sheet: Samples of manufacturer's standard colors for selection by Architect. 3. Aggregate surfacing material in gradation and color required. 4. Walkway Pads or Rolls: Samples of manufacturer's standard colors for selection by

Architect.

C. Wind Uplift Resistance Submittal: For roofing system indicating compliance with wind uplift performance requirements.

1.5 INFORMATIONAL SUBMITTALS

A. Qualification Data: For Installer manufacturer and testing agency.

B. Manufacturer Certificates:

1. Performance Requirement Certificate: Signed by roof membrane manufacturer certifying that roofing system complies with requirements specified in "Performance Requirements" Article.

a. Submit evidence of complying with performance requirements.

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2. Special Warranty Certificate: Signed by roof membrane manufacturer, certifying that all materials supplied under this Section are acceptable for special warranty.

C. Product Test Reports: For roof membrane and insulation, tests performed by a qualified testing agency, indicating compliance with specified requirements.

D. Evaluation Reports: For components of membrane roofing system, from ICC-ES.

E. Field Test Reports:

1. Concrete internal relative humidity test reports. 2. Fastener-pullout test results and manufacturer's revised requirements for fastener

patterns.

F. Field quality-control reports.

G. Sample Warranties: For manufacturer's special warranties.

1.6 CLOSEOUT SUBMITTALS

A. Maintenance Data: For roofing system to include in maintenance manuals.

B. Certified statement from existing roof membrane manufacturer stating that existing roof warranty has not been affected by Work performed under this Section.

1.7 QUALITY ASSURANCE

A. Manufacturer Qualifications: A qualified manufacturer that is UL listed for roofing system identical to that used for this Project.

B. Installer Qualifications: A qualified firm that is approved, authorized, or licensed by roofing system manufacturer to install manufacturer's product and that is eligible to receive manufacturer's special warranty.

1.8 DELIVERY, STORAGE, AND HANDLING

A. Deliver roofing materials to Project site in original containers with seals unbroken and labeled with manufacturer's name, product brand name and type, date of manufacture, approval or listing agency markings, and directions for storing and mixing with other components.

B. Store liquid materials in their original undamaged containers in a clean, dry, protected location and within the temperature range required by roofing system manufacturer.

1. Protect stored liquid material from direct sunlight. 2. Discard and legally dispose of liquid material that cannot be applied within its stated

shelf life.

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C. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources.

1. Store in a dry location. 2. Comply with insulation manufacturer's written instructions for handling, storing, and

protecting during installation.

D. Handle and store roofing materials, and place equipment in a manner to avoid permanent deflection of deck.

1.9 FIELD CONDITIONS

A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements.

1.10 WARRANTY

A. Special Warranty: Manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within specified warranty period.

1. Special warranty includes roof membrane, base flashings, roof insulation, fasteners, cover boards, substrate board, and other components of roofing system.

2. Warranty Period: 20 years from date of Substantial Completion.

B. Special Project Warranty: Submit roofing Installer's warranty, on warranty form at end of this Section, signed by Installer, covering the Work of this Section, including all components of roofing system such as roof membrane, base flashing, roof insulation, fasteners, cover boards, substrate boards, and walkway products, for the following warranty period:

1. Warranty Period: Two years from date of Substantial Completion.

PART 2 - PRODUCTS

2.1 PERFORMANCE REQUIREMENTS

A. General Performance: Installed roofing system and flashings shall withstand specified uplift pressures, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Roof system and flashings shall remain watertight.

1. Accelerated Weathering: Roof membrane shall withstand 2000 hours of exposure when tested according to ASTM G 152, ASTM G 154, or ASTM G 155.

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2. Impact Resistance: Roof membrane shall resist impact damage when tested according to ASTM D 3746/D 3746M, ASTM D 4272/D 4272M, or the "Resistance to Foot Traffic Test" in FM Approvals 4470.

B. Material Compatibility: Roofing materials shall be compatible with one another and adjacent materials under conditions of service and application required, as demonstrated by roof membrane manufacturer based on testing and field experience.

C. Wind Uplift Resistance: Design roofing system to resist the following wind uplift pressures when tested according to FM Approvals 4474, UL 580, or UL 1897:

1. Refer to “Components and Cladding Design ASD – Nominal Wind Pressures (PSF)” table shown on Drawing Sheet GA1.0.

D. Solar Reflectance Index: Not less than 78 when calculated according to ASTM E 1980, based on testing identical products by a qualified testing agency.

E. Exterior Fire-Test Exposure: ASTM E 108 or UL 790, Class A; for application and roof slopes indicated; testing by a qualified testing agency.

1. Identify products with appropriate markings of applicable testing agency.

2.2 MANUFACTURERS

A. Source Limitations: Obtain components for roofing system from roof membrane manufacturer or manufacturer approved by roof membrane manufacturer.

2.3 BASE SHEET MATERIALS

A. SBS-Modified Bitumen Polyester Mat Base Sheet: ASTM D 6164/D 6164M, Type II, Grade S, SBS-modified asphalt sheet, reinforced with polyester fabric, smooth surfaced, suitable for torch application method.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. GAF. b. Johns Manville; a Berkshire Hathaway company. c. Soprema, Inc.

B. SBS-Modified Bitumen Polyester and Fiberglass Mat Base Sheet: ASTM D 6162/D 6162M, Type III, Grade S, SBS-modified asphalt sheet, reinforced with a combination of polyester and fiberglass fabric, smooth surfaced, suitable for torch application method.

1. Manufacturers: Subject to compliance with requirements, provide products by one of the following:

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a. GAF. b. Johns Manville; a Berkshire Hathaway company. c. Soprema, Inc.

C. Asphalt-Coated Fiberglass Mat Base Sheet: ASTM D 4601/D 4601M, Type II, nonperforated, asphalt-impregnated and -coated, glass-fiber sheet, dusted with fine mineral surfacing on both sides.

D. Vented Base Sheet: ASTM D 4897/D 4897M, Type II, venting, nonperforated, asphalt-impregnated and -coated, glass-fiber base sheet with mineral granule surfacing on bottom surface.

2.4 INTERPLY SHEETS

A. Glass-Fiber Interply Sheet: ASTM D 2178/D 2178M, Type IV, asphalt-impregnated, glass-fiber felt.

2.5 STYRENE-BUTADIENE-STYRENE (SBS) MODIFIED BITUMINOUS CAP SHEET

A. Granule-Surfaced Roofing Cap Sheet: ASTM D 6164/D 6164M, Type II, Grade G, SBS-modified asphalt sheet, reinforced with polyester fabric, suitable for torch application method.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. GAF. b. Johns Manville; a Berkshire Hathaway company. c. Soprema, Inc.

2. Granule Color: White.

2.6 BASE FLASHING SHEET MATERIALS

A. Backer Sheet: ASTM D 6164/D 6164M, Type I or II, Grade S, SBS-modified asphalt sheet, reinforced with polyester fabric, smooth surfaced, suitable for application method specified.

B. Granule-Surfaced Flashing Sheet: ASTM D 6164/D 6164M, Type I or II, Grade G, SBS-modified asphalt sheet, reinforced with polyester fabric, granule surfaced, suitable for application method specified, and as follows:

1. Granule Color: White.

C. Glass-Fiber Fabric: Woven glass-fiber cloth, treated with asphalt, complying with ASTM D 1668/D 1668M, Type I.

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D. Liquid Flashing System: Roof membrane manufacturer's standard one- or two-part moisture curing resin with low solvent content, consisting of a primer, flashing cement, and scrim.

2.7 AUXILIARY ROOFING MATERIALS

A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with other roofing components.

1. Adhesives and Sealants: Comply with VOC limits of authorities having jurisdiction.

B. Prefabricated Pipe Flashings: As recommended by roof membrane manufacturer.

C. Roof Vents: As recommended by roof membrane manufacturer.

1. Size: Not less than4-inch diameter.

D. Sheathing Paper: Red-rosin type, minimum 3 lb/100 sq. ft..

E. Metal Termination Bars: Manufacturer's standard, predrilled stainless-steel or aluminum bars, approximately 1 by 1/8 inch thick; with anchors.

F. Cold-Applied Asphalt Adhesive: ASTM D 3019, Type III, roof membrane manufacturer's standard asphalt-based, one- or two-part, asbestos-free, cold-applied adhesive, specially formulated for compatibility and use with roofing membrane and base flashings.

G. Cold-Applied Polymer-Modified Asphalt Adhesive: Roof membrane manufacturer's standard solvent-and asbestos-free, cold-applied adhesive, specially formulated for compatibility and use with interply sheets and aggregate surfacing adhesive.

H. Asphalt Roofing Cement: ASTM D 4586/D 4586M, asbestos free, of consistency required by roofing system manufacturer for application.

I. Mastic Sealant: Polyisobutylene, plain or modified bitumen; nonhardening, nonmigrating, nonskinning, and nondrying.

J. Fasteners: Factory-coated steel fasteners and metal or plastic plates complying with corrosion-resistance provisions in FM Approvals 4470, designed for fastening roofing components to substrate; tested by manufacturer for required pullout strength, and acceptable to roofing system manufacturer.

K. Miscellaneous Accessories: Provide those recommended by roofing system manufacturer.

2.8 ROOF INSULATION

A. General: Preformed roof insulation boards, manufactured or approved by roof membrane manufacturer.

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B. Polyisocyanurate Board Insulation: ASTM C 1289, Type II, Class 1, Grade 2, felt or glass-fiber mat facer on both major surfaces.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. GAF. b. Johns Manville; a Berkshire Hathaway company. c. Soprema, Inc.

2. Compressive Strength: 20 psi. 3. Size: 48 by 96 inches. 4. Thickness:

a. Base Layer: 1 inch.

2.9 INSULATION ACCESSORIES

A. General: Roof insulation accessories recommended by insulation manufacturer for intended use and compatibility with other roofing system components.

B. Fasteners: Factory-coated steel fasteners and metal or plastic plates complying with corrosion-resistance provisions in FM Approvals 4470, designed for fastening roof insulation and cover boards to substrate, and acceptable to roofing system manufacturer.

C. Insulation Adhesive: Insulation manufacturer's recommended adhesive formulated to attach roof insulation to substrate or to another insulation layer as follows:

1. Modified asphaltic, asbestos-free, cold-applied adhesive. 2. Bead-applied, low-rise, one-component or multicomponent urethane adhesive. 3. Full-spread spray-applied, low-rise, two-component urethane adhesive.

D. Insulation Cant Strips: ASTM C 208, Type II, Grade 1, cellulosic-fiber insulation board.

E. Wood Nailer Strips: Comply with requirements in Section 061053 "Miscellaneous Rough Carpentry."

F. Tapered Edge Strips: ASTM C 728, perlite insulation board.

G. Tapered Edge Strips: ASTM C 208, Type II, Grade 1, cellulosic-fiber insulation board.

H. Cover Board: ASTM C 1177/C 1177M, glass-mat, water-resistant gypsum board or ASTM C 1278/C 1278M, fiber-reinforced gypsum board.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following:

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a. CertainTeed Corporation. b. Georgia-Pacific Gypsum LLC. c. National Gypsum Company. d. USG Corporation.

2. Thickness: 1/2 inch. 3. Surface Finish: Factory primed.

2.10 ASPHALT MATERIALS

A. Asphalt Primer: ASTM D 41/D 41M.

B. Roofing Asphalt: ASTM D 312/D 312M, Type III or IV as recommended by roofing system manufacturer for application.

2.11 WALKWAYS

A. Walkway Cap-Sheet Strips: ASTM D 6164/D 6164M, Type I or II, Grade G, SBS-modified asphalt sheet (reinforced with polyester fabric); granule surfaced; suitable for application method specified, and as follows:

1. Size: 36 by 60 inches Insert size. 2. Granule Color: White.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements and other conditions affecting performance of the Work.

1. Verify that roof openings and penetrations are in place, curbs are set and braced, and roof-drain bodies are securely clamped in place.

2. Verify that wood cants, blocking, curbs, and nailers are securely anchored to roof deck at penetrations and terminations and that nailers match thicknesses of insulation.

3. Verify that deck is securely fastened with no projecting fasteners and with no adjacent units in excess of 1/16 inch out of plane relative to adjoining deck.

4. Verify that minimum concrete drying period recommended by roofing system manufacturer has passed.

5. Verify that concrete substrate is visibly dry and free of moisture, and that minimum concrete internal relative humidity is not more than 75 percent, or as recommended by roofing system manufacturer, when tested according to ASTM F 2170.

a. Test Frequency: One test probe per each 1000 sq. ft. of roof deck, with not less than three test probes.

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b. Submit test reports within 24 hours of performing tests.

6. Verify that concrete-curing compounds that impair adhesion of roofing components to roof deck have been removed.

7. Verify that joints in precast concrete roof decks have been grouted flush with top of concrete.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2 PREPARATION

A. Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions.

1. Remove sharp projections.

B. Prevent materials from entering and clogging roof gutters and downspouts and from spilling or migrating onto surfaces of other construction.

1. Remove roof-drain plugs when no work is taking place or when rain is forecast.

C. Perform fastener-pullout tests according to roof system manufacturer's recommendations.

1. Submit test result within 24 hours of performing tests.

a. Include manufacturer's requirements for any revision to previously submitted fastener patterns required to achieve specified wind uplift requirements.

3.3 ROOFING INSTALLATION, GENERAL

A. Complete terminations and base flashings, and provide temporary seals to prevent water from entering completed sections of roofing system at the end of the workday or when rain is forecast.

1. Remove and discard temporary seals before beginning work on adjoining roofing.

B. Install roof membrane and auxiliary materials to tie in to existing roofing to maintain weathertightness of transition.

C. Substrate-Joint Penetrations: Prevent roofing asphalt and adhesives from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction.

3.4 INSULATION INSTALLATION

A. Coordinate installing roofing system components, so insulation is not exposed to precipitation or left exposed at the end of the workday.

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B. Comply with roofing system and insulation manufacturer's written instructions for installing roof insulation.

C. Nailer Strips: Mechanically fasten 4-inch nominal-width, wood nailer strips of same thickness as insulation perpendicular to sloped roof deck at the following spacing:

1. 16 feet apart for roof slopes greater than 1 inch per 12 inches but less than 3 inches per 12 inches.

D. Insulation Cant Strips: Install and secure preformed 45-degree insulation cant strips at junctures of roofing system with vertical surfaces or angle changes greater than 45 deg F.

E. Installation Over Wood Decking:

1. Mechanically fasten APP-modified bitumen fiberglass-mat base sheet to roof deck using mechanical fasteners specifically designed and sized for fastening slip sheet to wood decks.

a. Lap edges a minimum of 2 inches, or as recommended by roof membrane manufacturer.

b. Lap ends a minimum of 6 inches, or as recommended by roof membrane manufacturer.

c. Fasten APP-modified bitumen fiberglass-mat base sheet according to requirements in FM Approvals' RoofNav for specified Windstorm Resistance Classification.

d. Fasten APP-modified bitumen fiberglass-mat base sheet to resist specified uplift pressure at corners, perimeter, and field of roof.

2. Install base layer of insulation with joints staggered not less than 24 inches in adjacent rows.

a. Where installing composite and noncomposite insulation in two or more layers, install noncomposite board insulation for bottom layer and intermediate layers, if applicable, and install composite board insulation for top layer.

b. Trim insulation neatly to fit around penetrations and projections, and to fit tight to intersecting sloping roof decks.

c. Make joints between adjacent insulation boards not more than 1/4 inch in width. d. At internal roof drains, slope insulation to create a square drain sump, with each

side equal to the diameter of the drain bowl plus 24 inches.

1) Trim insulation, so that water flow is unrestricted.

e. Fill gaps exceeding 1/4 inch with insulation. f. Cut and fit insulation within 1/4 inch of nailers, projections, and penetrations. g. Mechanically attach base layer of insulation using mechanical fasteners

specifically designed and sized for fastening specified board-type roof insulation to wood decks. 1) Fasten insulation to resist specified uplift pressure at corners, perimeter, and

field of roof.

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h. Adhere base layer of insulation to substrate using adhesive as follows:

1) Set base layer of insulation in a solid mopping of hot roofing asphalt, applied within plus or minus 25 deg F of equiviscous temperature.

2) Set base layer of insulation in ribbons of bead-applied insulation adhesive, firmly pressing and maintaining insulation in place.

3) Set base layer of insulation in a uniform coverage of full-spread insulation adhesive, firmly pressing and maintaining insulation in place.

3. Install upper layers of insulation and tapered insulation, with joints of each layer offset not less than 12 inches from previous layer of insulation.

a. Staggered end joints within each layer not less than 24 inches in adjacent rows. b. Install with long joints continuous and with end joints staggered not less than 12

inches in adjacent rows. c. Trim insulation neatly to fit around penetrations and projections, and to fit tight to

intersecting sloping roof decks. d. Make joints between adjacent insulation boards not more than 1/4 inch in width. e. At internal roof drains, slope insulation to create a square drain sump, with each

side equal to the diameter of the drain bowl plus 24 inches.

1) Trim insulation, so that water flow is unrestricted.

f. Fill gaps exceeding 1/4 inch with insulation. g. Cut and fit insulation within 1/4 inch of nailers, projections, and penetrations.

3.5 INSTALLATION OF COVER BOARDS

A. Install cover boards over insulation with long joints in continuous straight lines, with end joints staggered between rows. Offset joints of insulation below a minimum of 6 inches in each direction.

1. Trim cover board neatly to fit around penetrations and projections, and to fit tight to intersecting sloping roof decks.

2. Cut and fit cover board tight to nailers, projections, and penetrations. 3. Adhere cover board to substrate using adhesive according to FM Approvals' RoofNav

assembly requirements and FM Global Property Loss Prevention Data Sheet 1-29 for specified Windstorm Resistance Classification, as follows: a. Set cover board in a uniform coverage of full-spread insulation adhesive, firmly

pressing and maintaining insulation in place.

B. Install sheathing paper over cover board and immediately beneath roof membrane.

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3.6 ROOFING MEMBRANE INSTALLATION, GENERAL

A. Install roofing system according to roofing system manufacturer's written instructions and applicable recommendations in ARMA/NRCA's "Quality Control Guidelines for the Application of Polymer Modified Bitumen Roofing."

B. Start installation of roofing in presence of roofing system manufacturer's technical personnel.

C. Where roof slope exceeds 1/2 inch per 12 inches, install roofing membrane sheets parallel with slope.

1. Backnail roofing sheets to nailer strips according to roofing system manufacturer's written instructions.

D. Coordinate installation of roofing system so insulation and other components of the roofing system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast.

1. Provide tie-offs at end of each day's work to cover exposed roofing sheets and insulation with a course of coated felt set in roofing cement or hot roofing asphalt, with joints and edges sealed.

2. Complete terminations and base flashings, and provide temporary seals to prevent water from entering completed sections of roofing system.

3. Remove and discard temporary seals before beginning work on adjoining roofing.

3.7 BASE SHEET INSTALLATION

A. Before installing, unroll base sheet, cut into workable lengths, and allow to lie flat for a time period recommended by manufacturer for the ambient temperature.

B. Loosely lay one course of sheathing paper, lapping edges and ends a minimum of 2 inches and 6 inches, respectively.

C. Installation of SBS-Modified Bitumen Polyester-Mat Base Sheet:

1. Install base sheet according to roofing manufacturer's written instructions, starting at low point of roofing system.

2. Extend roofing sheets over and terminate above cants. 3. Install base sheet in a shingle fashion. 4. Torch apply to substrate.

a. Perform torch application according to NFPA 241, including two-hour fire watch after torches have been extinguished.

5. Install base sheet without wrinkles, rears, and free from air pockets. 6. Laps: Accurately align roofing sheets, without stretching, and maintain uniform side and

end laps.

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a. Lap side laps as recommended by roof membrane manufacturer but not less than 3 inches.

b. Lap end laps as recommended by roof membrane manufacturer but not less than 12 inches.

c. Stagger end laps not less than 18 inches. d. Heat weld end laps, leaving no voids. e. Roll laps with a 20-pound roller.

7. Repair tears and voids in laps and lapped seams not completely sealed. 8. Apply pressure to the body of the base sheet according to manufacturer's instructions, to

remove air pockets and to result in complete adhesion of base sheet to substrate.

3.8 INSTALLATION OF INTERPLY SHEETS

A. Install three ply sheets, starting at low point of roofing.

1. Align ply sheets without stretching. 2. Shingle side laps of ply sheets uniformly to achieve required number of plies throughout

thickness of roofing membrane.

a. Shingle in direction to shed water.

3. Extend ply sheets over and terminate above cants.

3.9 SBS-MODIFIED BITUMINOUS CAP SHEET INSTALLATION

A. Before installing, unroll cap sheet, cut into workable lengths, and allow to lie flat for a time period recommended by manufacturer for the ambient temperature at which cap sheet will be installed.

B. Install modified bituminous roofing cap sheet according to roofing manufacturer's written instructions, starting at low point of roofing system.

1. Extend cap sheet over and terminate above cants. 2. Install cap sheet in a shingle fashion. 3. Install cap sheet as follows:

a. Torch apply to substrate.

1) Perform torch application according to NFPA 241, including two-hour fire watch after torches have been extinguished.

4. Install cap sheet without wrinkles or tears, and free from air pockets. 5. Install cap sheet, so side and end laps shed water.

C. Laps: Accurately align roofing sheets, without stretching, and maintain uniform side and end laps.

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1. Lap side laps as recommended by roof membrane manufacturer but not less than 3 inches.

2. Lap end laps as recommended by roof membrane manufacturer but not less than 12 inches.

3. Stagger end laps not less than 18 inches. 4. Heat weld laps, leaving no voids. 5. Roll laps with a 20-pound roller. 6. Repair tears and voids in laps and lapped seams not completely sealed.

D. Apply pressure to the body of the cap sheet according to manufacturer's instructions, to remove air pockets and to result in complete adhesion of base sheet to substrate.

E. Apply roofing granules of same color as roof membrane to cover exuded bead at laps while bead is hot, to provide a continuous color appearance.

3.10 FLASHING AND STRIPPING INSTALLATION

A. Install base flashing over cant strips and other sloped and vertical surfaces, at roof edges, and at penetrations through roof, and secure to substrates according to roofing system manufacturer's written instructions and as follows:

1. Prime substrates with asphalt primer if required by roofing system manufacturer. 2. Backer Sheet Application:

a. Mechanically fasten backer sheet to walls or parapets. b. Adhere backer sheet over roofing membrane at cants in cold-applied adhesive. c. Seal all laps.

3. Backer Sheet Application:

a. Adhere backer sheet to substrate in cold-applied adhesive. b. Seal all laps.

4. Flashing Sheet Application: Torch apply flashing sheet to substrate.

a. Perform torch application according to NFPA 241, including two-hour fire watch after torches have been extinguished.

B. Extend base flashing up walls or parapets a minimum of 8 inches above roofing membrane and 4 inches onto field of roofing membrane.

C. Mechanically fasten top of base flashing securely at terminations and perimeter of roofing.

D. Install liquid flashing system according to manufacturer's recommendations.

1. Extend liquid flashing not less than 3 inches in all directions from edges of item being flashed.

2. Embed granules, matching color of roof membrane, into wet compound.

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E. Install roofing cap-sheet stripping where metal flanges and edgings are set on roofing according to roofing system manufacturer's written instructions.

3.11 WALKWAY INSTALLATION

A. Walkway Cap Sheet Strips: Install walkway cap sheet strips over roofing membrane, using same application method as used for roofing cap sheet.

1. Install walkways strips at the following locations: a. Locations indicated on Drawings.

2. Provide 3-inch clearance between adjoining strips.

3.12 FIELD QUALITY CONTROL

A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion, in presence of Architect, and to prepare inspection report.

1. Notify Architect and Owner 48 hours in advance of date and time of inspection.

B. Repair or remove and replace components of roofing system where inspections indicate that they do not comply with specified requirements.

C. Roofing system will be considered defective if it does not pass tests and inspections.

1. Additional testing and inspecting, at Contractor's expense, will be performed to determine if replaced or additional work complies with specified requirements.

3.13 PROTECTING AND CLEANING

A. Protect roofing system from damage and wear during remainder of construction period.

1. When remaining construction does not affect or endanger roofing, inspect roofing system for deterioration and damage, describing its nature and extent in a written report, with copies to Architect and Owner.

B. Correct deficiencies in or remove roofing system that does not comply with requirements, repair substrates, and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements.

C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction.

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3.14 ROOFING INSTALLER'S WARRANTY

A. WHEREAS _______________________________ of ___________________________, herein called the "Roofing Installer," has performed roofing and associated work ("work") on the following project:

1. Owner: The City of Fellsmere 2. Address: 22 South Orange Street, Fellsmere, FL 32948. 3. Building Name/Type: Historic Fellsmere School. 4. Address: 22 South Orange Street, Fellsmere, FL 32948. 5. Area of Work: Roof. 6. Acceptance Date: _________________. 7. Warranty Period: 2 Years. 8. Expiration Date: __________________.

B. AND WHEREAS Roofing Installer has contracted (either directly with Owner or indirectly as a subcontractor) to warrant said work against leaks and faulty or defective materials and workmanship for designated Warranty Period,

C. NOW THEREFORE Roofing Installer hereby warrants, subject to terms and conditions herein set forth, that during Warranty Period Roofing Installer will, at Roofing Installer's own cost and expense, make or cause to be made such repairs to or replacements of said work as are necessary to correct faulty and defective work and as are necessary to maintain said work in a watertight condition.

D. This Warranty is made subject to the following terms and conditions:

1. Specifically excluded from this Warranty are damages to work and other parts of the building, and to building contents, caused by:

a. lightning; b. peak gust wind speed exceeding 162 mph; c. fire; d. failure of roofing system substrate, including cracking, settlement, excessive

deflection, deterioration, and decomposition; e. faulty construction of parapet walls, copings, chimneys, skylights, vents,

equipment supports, and other edge conditions and penetrations of the work; f. vapor condensation on bottom of roofing; and g. activity on roofing by others, including construction contractors, maintenance

personnel, other persons, and animals, whether authorized or unauthorized by Owner.

2. When work has been damaged by any of foregoing causes, Warranty shall be null and void until such damage has been repaired by Roofing Installer and until cost and expense thereof have been paid by Owner or by another responsible party so designated.

3. Roofing Installer is responsible for damage to work covered by this Warranty but is not liable for consequential damages to building or building contents resulting from leaks or faults or defects of work.

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4. During Warranty Period, if Owner allows alteration of work by anyone other than Roofing Installer, including cutting, patching, and maintenance in connection with penetrations, attachment of other work, and positioning of anything on roof, this Warranty shall become null and void on date of said alterations, but only to the extent said alterations affect work covered by this Warranty. If Owner engages Roofing Installer to perform said alterations, Warranty shall not become null and void unless Roofing Installer, before starting said work, shall have notified Owner in writing, showing reasonable cause for claim, that said alterations would likely damage or deteriorate work, thereby reasonably justifying a limitation or termination of this Warranty.

5. During Warranty Period, if original use of roof is changed and it becomes used for, but was not originally specified for, a promenade, work deck, spray-cooled surface, flooded basin, or other use or service more severe than originally specified, this Warranty shall become null and void on date of said change, but only to the extent said change affects work covered by this Warranty.

6. Owner shall promptly notify Roofing Installer of observed, known, or suspected leaks, defects, or deterioration and shall afford reasonable opportunity for Roofing Installer to inspect work and to examine evidence of such leaks, defects, or deterioration.

7. This Warranty is recognized to be the only warranty of Roofing Installer on said work and shall not operate to restrict or cut off Owner from other remedies and resources lawfully available to Owner in cases of roofing failure. Specifically, this Warranty shall not operate to relieve Roofing Installer of responsibility for performance of original work according to requirements of the Contract Documents, regardless of whether Contract was a contract directly with Owner or a subcontract with Owner's General Contractor.

E. IN WITNESS THEREOF, this instrument has been duly executed this ___________ day of ___________________, ________________.

1. Authorized Signature: _______________________________________. 2. Name: ______________________________________. 3. Title: _______________________________________.

END OF SECTION 075216

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SECTION 075423 - THERMOPLASTIC-POLYOLEFIN (TPO) ROOFING

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Mechanically fastened, thermoplastic polyolefin (TPO) roofing system. 2. Roof insulation. 3. Cover board. 4. Walkways.

1.2 PREINSTALLATION MEETINGS

A. Preinstallation Conference: Conduct conference at Project site.

1.3 ACTION SUBMITTALS

A. Product Data: For each type of product.

1. For insulation and roof system component fasteners, include copy of FM Approvals' RoofNav listing.

B. Shop Drawings: Include roof plans, sections, details, and attachments to other work, including the following:

1. Layout and thickness of insulation. 2. Base flashings and membrane termination details. 3. Flashing details at penetrations. 4. Tapered insulation layout, thickness, and slopes. 5. Insulation fastening patterns for corner, perimeter, and field-of-roof locations.

C. Samples: For the following products:

1. Roof membrane and flashings, of color required. 2. Walkway pads or rolls, of color required.

D. Wind Uplift Resistance Submittal: For roofing system, indicating compliance with wind uplift performance requirements.

1.4 INFORMATIONAL SUBMITTALS

A. Manufacturer Certificates:

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1. Special Warranty Certificate: Signed by roof membrane manufacturer, certifying that all materials supplied under this Section are acceptable for special warranty.

B. Product Test Reports: For roof membrane and insulation, for tests performed by a qualified testing agency, indicating compliance with specified requirements.

C. Research reports.

D. Field Test Reports:

1. Concrete internal relative humidity test reports. 2. Fastener-pullout test results and manufacturer's revised requirements for fastener

patterns.

E. Field quality-control reports.

F. Sample warranties.

1.5 CLOSEOUT SUBMITTALS

A. Maintenance data.

1.6 QUALITY ASSURANCE

A. Manufacturer Qualifications: A qualified manufacturer that is UL listed for roofing system identical to that used for this Project.

B. Installer Qualifications: A qualified firm that is approved, authorized, or licensed by roofing system manufacturer to install manufacturer's product and that is eligible to receive manufacturer's special warranty.

1.7 WARRANTY

A. Special Warranty: Manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within specified warranty period.

1. Warranty Period: 20 years from date of Substantial Completion.

PART 2 - PRODUCTS

2.1 PERFORMANCE REQUIREMENTS

A. Accelerated Weathering: Roof membrane shall withstand 2000 hours of exposure when tested according to ASTM G 152, ASTM G 154, or ASTM G 155.

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B. Impact Resistance: Roof membrane shall resist impact damage when tested according to ASTM D 3746, ASTM D 4272, or the "Resistance to Foot Traffic Test" in FM Approvals 4470.

C. Wind Uplift Resistance: Design roofing system to resist the following wind uplift pressures when tested according to FM Approvals 4474, UL 580, or UL 1897:

1. Refer to “Components and Cladding Design ASD – Nominal Wind Pressures (PSF)” table shown on Drawing Sheet GA1.0.

D. ENERGY STAR Listing: Roofing system shall be listed on the DOE's ENERGY STAR "Roof Products Qualified Product List" for low-slope roof products.

E. Energy Performance: Roofing system shall have an initial solar reflectance of not less than 0.70 and an emissivity of not less than 0.75 when tested according to CRRC-1.

F. Exterior Fire-Test Exposure: ASTM E 108 or UL 790, Class A; for application and roof slopes indicated; testing by a qualified testing agency. Identify products with appropriate markings of applicable testing agency.

2.2 THERMOPLASTIC POLYOLEFIN (TPO) ROOFING

A. TPO Sheet: ASTM D 6878/D 6878M, internally fabric- or scrim-reinforced,TPO sheet.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. Firestone Building Products. b. GAF. c. Johns Manville; a Berkshire Hathaway company.

2. Thickness: 60 mils, nominal. 3. Exposed Face Color: White.

2.3 AUXILIARY ROOFING MATERIALS

A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with other roofing components.

1. Adhesive and Sealants: Comply with VOC limits of authorities having jurisdiction.

B. Sheet Flashing: Manufacturer's standard unreinforced TPO sheet flashing, 55 mils thick, minimum, of same color as TPO sheet.

C. Prefabricated Pipe Flashings: As recommended by roof membrane manufacturer.

D. Bonding Adhesive: Manufacturer's standard, water based.

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E. Slip Sheet: Manufacturer's standard, of thickness required for application.

F. Metal Termination Bars: Manufacturer's standard, predrilled stainless steel or aluminum bars, approximately 1 by 1/8 inch thick; with anchors.

G. Fasteners: Factory-coated steel fasteners and metal or plastic plates complying with corrosion-resistance provisions in FM Approvals 4470, designed for fastening roofing components to substrate, and acceptable to roofing system manufacturer.

H. Miscellaneous Accessories: Provide pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T-joint covers, lap sealants, termination reglets, and other accessories.

2.4 ROOF INSULATION

A. Polyisocyanurate Board Insulation: ASTM C 1289, Type II, Class 1, Grade 2, felt or glass-fiber mat facer on both major surfaces.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. Firestone Building Products. b. GAF. c. Johns Manville; a Berkshire Hathaway company.

2. Size: 48 by 96 inches. 3. Thickness:

a. Base Layer: 1 inch.

B. Tapered Insulation: Provide factory-tapered insulation boards.

1. Material: Match roof insulation. 2. Minimum Thickness: 1/4 inch. 3. Slope:

a. Saddles and Crickets: 1/4 inch per foot unless otherwise indicated on Drawings.

2.5 INSULATION ACCESSORIES

A. Fasteners: Factory-coated steel fasteners with metal or plastic plates complying with corrosion-resistance provisions in FM Approvals 4470, designed for fastening roof insulation and cover boards to substrate, and acceptable to roofing system manufacturer.

B. Insulation Adhesive: Insulation manufacturer's recommended adhesive formulated to attach roof insulation to substrate or to another insulation layer as follows:

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1. Full-spread, spray-applied, low-rise, two-component urethane adhesive.

C. Cover Board: ASTM C 1289 Type II, Class 4, Grade 1, 1/2-inch-thick polyisocyanurate, with a minimum compressive strength of 80 psi.

2.6 WALKWAYS

A. Flexible Walkways: Factory-formed, nonporous, heavy-duty, slip-resisting, surface-textured walkway pads or rolls, approximately 3/16 inch thick and acceptable to roofing system manufacturer.

1. Size: Approximately 36 by 60 inches. 2. Color: Contrasting with roof membrane.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements and other conditions affecting performance of the Work.

3.2 PREPARATION

A. Perform fastener-pullout tests according to roof system manufacturer's written instructions.

1. Submit test result within 24 hours after performing tests.

a. Include manufacturer's requirements for any revision to previously submitted fastener patterns required to achieve specified wind uplift requirements.

3.3 ROOFING INSTALLATION, GENERAL

A. Install roofing system according to roofing system manufacturer's written instructions, FM Approvals' RoofNav assembly requirements, and FM Global Property Loss Prevention Data Sheet 1-29.

B. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system at end of workday or when rain is forecast. Remove and discard temporary seals before beginning Work on adjoining roofing.

3.4 INSULATION INSTALLATION

A. Coordinate installing roofing system components so insulation is not exposed to precipitation or left exposed at end of workday.

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B. Comply with roofing system and roof insulation manufacturer's written instructions for installing roof insulation.

C. Installation Over Wood Decking:

1. Mechanically fasten slip sheet to roof deck using mechanical fasteners specifically designed and sized for fastening slip sheet to wood decks. a. Fasten slip sheet to resist specified uplift pressure at corners, perimeter, and field

of roof.

2. Install base layer of insulation with end joints staggered not less than 12 inches in adjacent rows. a. Trim insulation neatly to fit around penetrations and projections, and to fit tight to

intersecting sloping roof decks. b. Make joints between adjacent insulation boards not more than 1/4 inch in width. c. At internal roof drains, slope insulation to create a square drain sump with each

side equal to the diameter of the drain bowl plus 24 inches.

1) Trim insulation so that water flow is unrestricted.

d. Fill gaps exceeding 1/4 inch with insulation. e. Cut and fit insulation within 1/4 inch of nailers, projections, and penetrations.

3. Mechanically attach base layer of insulation using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to wood decks. a. Fasten insulation to resist specified uplift pressure at corners, perimeter, and field

of roof.

4. Install upper layers of insulation and tapered insulation with joints of each layer offset not less than 12 inches from previous layer of insulation. a. Install with long joints continuous and with end joints staggered not less than 12

inches in adjacent rows. b. Trim insulation neatly to fit around penetrations and projections, and to fit tight to

intersecting sloping roof decks. c. Make joints between adjacent insulation boards not more than 1/4 inch in width. d. At internal roof drains, slope insulation to create a square drain sump with each

side equal to the diameter of the drain bowl plus 24 inches.

1) Trim insulation so that water flow is unrestricted.

e. Fill gaps exceeding 1/4 inch with insulation. f. Cut and fit insulation within 1/4 inch of nailers, projections, and penetrations. g. Adhere each layer of insulation to substrate using adhesive according to FM

Approvals' RoofNav assembly requirements and FM Global Property Loss Prevention Data Sheet 1-29 for specified Windstorm Resistance Classification, as follows: 1) Set each layer of insulation in a uniform coverage of full-spread insulation

adhesive, firmly pressing and maintaining insulation in place.

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3.5 INSTALLATION OF COVER BOARDS

A. Install cover boards over insulation with long joints in continuous straight lines with end joints staggered between rows. Offset joints of insulation below a minimum of 6 inches in each direction.

1. Trim cover board neatly to fit around penetrations and projections, and to fit tight to intersecting sloping roof decks.

2. At internal roof drains, conform to slope of drain sump.

a. Trim cover board so that water flow is unrestricted.

3. Cut and fit cover board tight to nailers, projections, and penetrations. 4. Adhere cover board to substrate using adhesive according to FM Approvals' RoofNav

assembly requirements and FM Global Property Loss Prevention Data Sheet 1-29 for specified Windstorm Resistance Classification, as follows: a. Set cover board in a uniform coverage of full-spread insulation adhesive, firmly

pressing and maintaining insulation in place.

3.6 ADHERED ROOFING INSTALLATION

A. Adhere roof membrane over area to receive roofing according to roofing system manufacturer's written instructions.

B. Unroll roof membrane and allow to relax before installing.

C. Start installation of roofing in presence of roofing system manufacturer's technical personnel and Owner's testing and inspection agency.

D. Accurately align roof membrane, and maintain uniform side and end laps of minimum dimensions required by manufacturer. Stagger end laps.

E. Bonding Adhesive: Apply to substrate and underside of roof membrane at rate required by manufacturer, and allow to partially dry before installing roof membrane. Do not apply to splice area of roof membrane.

F. In addition to adhering, mechanically fasten roof membrane securely at terminations, penetrations, and perimeter of roofing.

G. Apply roof membrane with side laps shingled with slope of roof deck where possible.

H. Seams: Clean seam areas, overlap roof membrane, and hot-air weld side and end laps of roof membrane and sheet flashings, to ensure a watertight seam installation.

1. Test lap edges with probe to verify seam weld continuity. Apply lap sealant to seal cut edges of roof membrane and sheet flashings.

2. Verify field strength of seams a minimum of twice daily, and repair seam sample areas.

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3. Repair tears, voids, and lapped seams in roof membrane that do not comply with requirements.

I. Spread sealant bed over deck-drain flange at roof drains, and securely seal roof membrane in place with clamping ring.

3.7 MECHANICALLY FASTENED ROOFING INSTALLATION

A. Mechanically fasten roof membrane over area to receive roofing according to roofing system manufacturer's written instructions.

B. Unroll roof membrane and allow to relax before installing.

C. Start installation of roofing in presence of roofing system manufacturer's technical personnel and Owners testing and inspection agency.

D. Accurately align roof membrane, and maintain uniform side and end laps of minimum dimensions required by manufacturer. Stagger end laps.

E. Mechanically fasten or adhere roof membrane securely at terminations, penetrations, and perimeter of roofing.

F. Apply roof membrane with side laps shingled with slope of roof deck where possible.

G. In-Seam Attachment: Secure one edge of TPO sheet using fastening plates or metal battens centered within seam, and mechanically fasten TPO sheet to roof deck.

H. Seams: Clean seam areas, overlap roof membrane, and hot-air weld side and end laps of roof membrane and sheet flashings to ensure a watertight seam installation.

1. Test lap edges with probe to verify seam weld continuity. Apply lap sealant to seal cut edges of roof membrane and flashing sheet.

2. Verify field strength of seams a minimum of twice daily, and repair seam sample areas. 3. Repair tears, voids, and lapped seams in roof membrane that do not comply with

requirements.

I. Spread sealant bed over deck-drain flange at roof drains, and securely seal roof membrane in place with clamping ring.

3.8 BASE FLASHING INSTALLATION

A. Install sheet flashings and preformed flashing accessories, and adhere to substrates according to roofing system manufacturer's written instructions.

B. Apply bonding adhesive to substrate and underside of sheet flashing at required rate, and allow to partially dry. Do not apply to seam area of flashing.

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C. Flash penetrations and field-formed inside and outside corners with cured or uncured sheet flashing.

D. Clean seam areas, overlap, and firmly roll sheet flashings into the adhesive. Hot-air weld side and end laps to ensure a watertight seam installation.

E. Terminate and seal top of sheet flashings and mechanically anchor to substrate through termination bars.

3.9 WALKWAY INSTALLATION

A. Flexible Walkways:

1. Install flexible walkways at the following locations:

a. Retain one or more subparagraphs below. Revise to suit Project. b. Perimeter of each rooftop unit. c. Between each rooftop unit location, creating a continuous path connecting rooftop

unit locations. d. Between each roof hatch and each rooftop unit location or path connecting rooftop

unit locations. e. Top and bottom of each roof access ladder. f. Between each roof access ladder and each rooftop unit location or path connecting

rooftop unit locations. g. Locations indicated on Drawings. h. As required by roof membrane manufacturer's warranty requirements.

2. Provide 6-inch clearance between adjoining pads. 3. Heat weld to substrate or adhere walkway products to substrate with compatible adhesive

according to roofing system manufacturer's written instructions.

3.10 PROTECTING AND CLEANING

A. Protect roofing system from damage and wear during remainder of construction period. When remaining construction does not affect or endanger roofing system, inspect roofing system for deterioration and damage, describing its nature and extent in a written report, with copies to Architect and Owner.

B. Correct deficiencies in or remove roofing system that does not comply with requirements, repair substrates, and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements.

C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction.

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3.11 ROOFING INSTALLER'S WARRANTY

A. WHEREAS _______________________________ of ___________________________, herein called the "Roofing Installer," has performed roofing and associated work ("work") on the following project:

1. Owner: The City of Fellsmere. 2. Address: 22 South Orange Street, Fellsmere, Florida 32948. 3. Building Name/Type: Fellsmere School. 4. Address: 22 South Orange Street, Fellsmere, Florida 32948. 5. Area of Work: Roof. 6. Acceptance Date: _________________. 7. Warranty Period: 2 Years. 8. Expiration Date: __________________.

B. AND WHEREAS Roofing Installer has contracted (either directly with Owner or indirectly as a subcontractor) to warrant said work against leaks and faulty or defective materials and workmanship for designated Warranty Period,

C. NOW THEREFORE Roofing Installer hereby warrants, subject to terms and conditions herein set forth, that during Warranty Period Roofing Installer will, at Roofing Installer's own cost and expense, make or cause to be made such repairs to or replacements of said work as are necessary to correct faulty and defective work and as are necessary to maintain said work in a watertight condition.

D. This Warranty is made subject to the following terms and conditions:

1. Specifically excluded from this Warranty are damages to work and other parts of the building, and to building contents, caused by:

a. lightning; b. peak gust wind speed exceeding 162 mph; c. fire; d. failure of roofing system substrate, including cracking, settlement, excessive

deflection, deterioration, and decomposition; e. faulty construction of parapet walls, copings, chimneys, skylights, vents,

equipment supports, and other edge conditions and penetrations of the work; f. vapor condensation on bottom of roofing; and g. activity on roofing by others, including construction contractors, maintenance

personnel, other persons, and animals, whether authorized or unauthorized by Owner.

2. When work has been damaged by any of foregoing causes, Warranty shall be null and void until such damage has been repaired by Roofing Installer and until cost and expense thereof have been paid by Owner or by another responsible party so designated.

3. Roofing Installer is responsible for damage to work covered by this Warranty but is not liable for consequential damages to building or building contents resulting from leaks or faults or defects of work.

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4. During Warranty Period, if Owner allows alteration of work by anyone other than Roofing Installer, including cutting, patching, and maintenance in connection with penetrations, attachment of other work, and positioning of anything on roof, this Warranty shall become null and void on date of said alterations, but only to the extent said alterations affect work covered by this Warranty. If Owner engages Roofing Installer to perform said alterations, Warranty shall not become null and void unless Roofing Installer, before starting said work, shall have notified Owner in writing, showing reasonable cause for claim, that said alterations would likely damage or deteriorate work, thereby reasonably justifying a limitation or termination of this Warranty.

5. During Warranty Period, if original use of roof is changed and it becomes used for, but was not originally specified for, a promenade, work deck, spray-cooled surface, flooded basin, or other use or service more severe than originally specified, this Warranty shall become null and void on date of said change, but only to the extent said change affects work covered by this Warranty.

6. Owner shall promptly notify Roofing Installer of observed, known, or suspected leaks, defects, or deterioration and shall afford reasonable opportunity for Roofing Installer to inspect work and to examine evidence of such leaks, defects, or deterioration.

7. This Warranty is recognized to be the only warranty of Roofing Installer on said work and shall not operate to restrict or cut off Owner from other remedies and resources lawfully available to Owner in cases of roofing failure. Specifically, this Warranty shall not operate to relieve Roofing Installer of responsibility for performance of original work according to requirements of the Contract Documents, regardless of whether Contract was a contract directly with Owner or a subcontract with Owner's General Contractor.

E. IN WITNESS THEREOF, this instrument has been duly executed this ___________ day of ___________________, ________________.

1. Authorized Signature: _______________________________________. 2. Name: ______________________________________. 3. Title: _______________________________________.

END OF SECTION 075423

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SECTION 076200 - SHEET METAL FLASHING AND TRIM

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Formed low-slope roof sheet metal fabrications. 2. Formed wall sheet metal fabrications.

1.2 PREINSTALLATION MEETINGS

A. Preinstallation Conference: Conduct conference at Project site.

1.3 ACTION SUBMITTALS

A. Product Data: For each type of product.

B. Shop Drawings: For sheet metal flashing and trim.

1. Include plans, elevations, sections, and attachment details. 2. Distinguish between shop- and field-assembled work. 3. Include identification of finish for each item. 4. Include pattern of seams and details of termination points, expansion joints and

expansion-joint covers, direction of expansion, roof-penetration flashing, and connections to adjoining work.

C. Samples: For each exposed product and for each color and texture specified.

1.4 INFORMATIONAL SUBMITTALS

A. Product certificates.

B. Product test reports.

C. Sample warranty.

1.5 CLOSEOUT SUBMITTALS

A. Maintenance data.

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1.6 QUALITY ASSURANCE

A. Fabricator Qualifications: Employs skilled workers who custom fabricate sheet metal flashing and trim similar to that required for this Project and whose products have a record of successful in-service performance.

1.7 WARRANTY

A. Special Warranty on Finishes: Manufacturer agrees to repair finish or replace sheet metal flashing and trim that shows evidence of deterioration of factory-applied finishes within specified warranty period.

1. Finish Warranty Period: 20 years from date of Substantial Completion.

PART 2 - PRODUCTS

2.1 PERFORMANCE REQUIREMENTS

A. General: Sheet metal flashing and trim assemblies shall withstand wind loads, structural movement, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Completed sheet metal flashing and trim shall not rattle, leak, or loosen, and shall remain watertight.

B. Sheet Metal Standard for Flashing and Trim: Comply with NRCA's "The NRCA Roofing Manual" and SMACNA's "Architectural Sheet Metal Manual" requirements for dimensions and profiles shown unless more stringent requirements are indicated.

C. SPRI Wind Design Standard: Manufacture and install copings and roof edge flashings tested according to SPRI ES-1 and capable of resisting the following design pressure:

1. Refer to “Components and Cladding Design ASD – Nominal Wind Pressures (PSF)” table shown on Drawing Sheet GA1.0.

D. Thermal Movements: Allow for thermal movements from ambient and surface temperature changes.

1. Temperature Change: 120 deg F, ambient; 180 deg F, material surfaces.

2.2 SHEET METALS

A. General: Protect mechanical and other finishes on exposed surfaces from damage by applying strippable, temporary protective film before shipping.

B. Aluminum Sheet: ASTM B 209, alloy as standard with manufacturer for finish required, with temper as required to suit forming operations and performance required.

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1. Exposed Coil-Coated Finish: a. Three-Coat Fluoropolymer: AAMA 2605. Fluoropolymer finish containing not

less than 70 percent PVDF resin by weight in both color coat and clear topcoat. Prepare, pretreat, and apply coating to exposed metal surfaces to comply with coating and resin manufacturers' written instructions.

2. Color: As selected by Architect from manufacturer's full range.

C. Stainless-Steel Sheet: ASTM A 240/A 240M, Type 304, dead soft, fully annealed; 2D (dull, cold rolled) finish.

2.3 UNDERLAYMENT MATERIALS

A. Self-Adhering, High-Temperature Sheet: Minimum 30 mils thick, consisting of a slip-resistant polyethylene- or polypropylene-film top surface laminated to a layer of butyl- or SBS-modified asphalt adhesive, with release-paper backing; specifically designed to withstand high metal temperatures beneath metal roofing. Provide primer according to written recommendations of underlayment manufacturer.

1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following:

a. Carlisle Coatings & Waterproofing Inc. b. GCP Applied Technologies Inc. c. Owens Corning. d. Polyguard Products, Inc.

2. Thermal Stability: ASTM D 1970; stable after testing at 240 deg F or higher.

3. Low-Temperature Flexibility: ASTM D 1970; passes after testing at minus 20 deg F or lower.

B. Slip Sheet: Rosin-sized building paper, 3 lb/100 sq. ft. minimum.

2.4 MISCELLANEOUS MATERIALS

A. General: Provide materials and types of fasteners, solder, protective coatings, sealants, and other miscellaneous items as required for complete sheet metal flashing and trim installation and as recommended by manufacturer of primary sheet metal or manufactured item unless otherwise indicated.

B. Fasteners: Wood screws, annular threaded nails, self-tapping screws, self-locking rivets and bolts, and other suitable fasteners designed to withstand design loads and recommended by manufacturer of primary sheet metal or manufactured item.

1. General: Blind fasteners or self-drilling screws, gasketed, with hex-washer head.

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a. Exposed Fasteners: Heads matching color of sheet metal using plastic caps or factory-applied coating. Provide metal-backed EPDM or PVC sealing washers under heads of exposed fasteners bearing on weather side of metal.

b. Blind Fasteners: High-strength aluminum or stainless-steel rivets suitable for metal being fastened.

2. Fasteners for Aluminum Sheet: Aluminum or Series 300 stainless steel.

C. Solder: 1. For Stainless Steel: ASTM B 32, Grade Sn60, with acid flux of type recommended by

stainless-steel sheet manufacturer.

D. Sealant Tape: Pressure-sensitive, 100 percent solids, polyisobutylene compound sealant tape with release-paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining tape 1/2 inch wide and 1/8 inch thick.

E. Elastomeric Sealant: ASTM C 920, elastomeric silicone polymer sealant; of type, grade, class, and use classifications required to seal joints in sheet metal flashing and trim and remain watertight.

F. Butyl Sealant: ASTM C 1311, single-component, solvent-release butyl rubber sealant; polyisobutylene plasticized; heavy bodied for hooked-type expansion joints with limited movement.

G. Bituminous Coating: Cold-applied asphalt emulsion according to ASTM D 1187.

2.5 FABRICATION, GENERAL

A. General: Custom fabricate sheet metal flashing and trim to comply with details shown and recommendations in cited sheet metal standard that apply to design, dimensions, geometry, metal thickness, and other characteristics of item required. Fabricate sheet metal flashing and trim in shop to greatest extent possible.

1. Obtain field measurements for accurate fit before shop fabrication. 2. Form sheet metal flashing and trim to fit substrates without excessive oil canning,

buckling, and tool marks; true to line, levels, and slopes; and with exposed edges folded back to form hems.

3. Conceal fasteners and expansion provisions where possible. Do not use exposed fasteners on faces exposed to view.

B. Expansion Provisions: Form metal for thermal expansion of exposed flashing and trim.

1. Form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with butyl sealant concealed within joints.

2. Use lapped expansion joints only where indicated on Drawings.

C. Sealant Joints: Where movable, nonexpansion-type joints are required, form metal to provide for proper installation of elastomeric sealant according to cited sheet metal standard.

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D. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal.

E. Fabricate cleats and attachment devices of sizes as recommended by cited sheet metal standard for application, but not less than thickness of metal being secured.

F. Seams: Fabricate nonmoving seams with flat-lock seams. Tin edges to be seamed, form seams, and solder.

G. Seams: Fabricate nonmoving seams with flat-lock seams. Form seams and seal with elastomeric sealant unless otherwise recommended by sealant manufacturer for intended use.

2.6 LOW-SLOPE ROOF SHEET METAL FABRICATIONS

A. Copings: Fabricate in minimum 96-inch-long, but not exceeding 12-foot-long, sections. Fabricate joint plates of same thickness as copings. Furnish with continuous cleats to support edge of external leg and interior leg. Miter corners, weld watertight. Shop fabricate interior and exterior corners.

1. Fabricate from the Following Materials:

a. Aluminum: 0.050 inch thick.

B. Counterflashing and Flashing Receivers: Fabricate from the following materials:

1. Aluminum: 0.032 inch thick.

C. Roof-Penetration Flashing: Fabricate from the following materials:

1. Stainless Steel: 0.019 inch thick.

D. Roof-Drain Flashing: Fabricate from the following materials:

1. Stainless Steel: 0.016 inch thick.

PART 3 - EXECUTION

3.1 UNDERLAYMENT INSTALLATION

A. Felt Underlayment: Install felt underlayment, wrinkle free, using adhesive to minimize use of mechanical fasteners under sheet metal flashing and trim. Apply in shingle fashion to shed water, with lapped joints of not less than 2 inches.

B. Synthetic Underlayment: Install synthetic underlayment, wrinkle free, according to manufacturers' written instructions, and using adhesive where possible to minimize use of mechanical fasteners under sheet metal.

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C. Self-Adhering Sheet Underlayment: Install self-adhering sheet underlayment, wrinkle free. Prime substrate if recommended by underlayment manufacturer. Comply with temperature restrictions of underlayment manufacturer for installation; use primer for installing underlayment at low temperatures. Apply in shingle fashion to shed water, with end laps of not less than 6 inches staggered 24 inches between courses. Overlap side edges not less than 3-1/2 inches. Roll laps and edges with roller. Cover underlayment within 14 days.

3.2 INSTALLATION, GENERAL

A. General: Anchor sheet metal flashing and trim and other components of the Work securely in place, with provisions for thermal and structural movement. Use fasteners, solder, protective coatings, separators, sealants, and other miscellaneous items as required to complete sheet metal flashing and trim system.

1. Install sheet metal flashing and trim true to line, levels, and slopes. Provide uniform, neat seams with minimum exposure of solder, welds, and sealant.

2. Install sheet metal flashing and trim to fit substrates and to result in watertight performance. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal.

3. Space cleats not more than 12 inches apart. Attach each cleat with at least two fasteners. Bend tabs over fasteners.

4. Install exposed sheet metal flashing and trim with limited oil canning, and free of buckling and tool marks.

5. Torch cutting of sheet metal flashing and trim is not permitted.

B. Metal Protection: Where dissimilar metals contact each other, or where metal contacts pressure-treated wood or other corrosive substrates, protect against galvanic action or corrosion by painting contact surfaces with bituminous coating or by other permanent separation as recommended by sheet metal manufacturer or cited sheet metal standard.

1. Coat concealed side of stainless-steel sheet metal flashing and trim with bituminous coating where flashing and trim contact wood, ferrous metal, or cementitious construction.

2. Underlayment: Where installing sheet metal flashing and trim directly on cementitious or wood substrates, install underlayment and cover with slip sheet.

C. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at maximum of 10 feet with no joints within 24 inches of corner or intersection.

1. Form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with sealant concealed within joints.

2. Use lapped expansion joints only where indicated on Drawings.

D. Fasteners: Use fastener sizes that penetrate substrate not less than recommended by fastener manufacturer to achieve maximum pull-out resistance.

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E. Conceal fasteners and expansion provisions where possible in exposed work and locate to minimize possibility of leakage. Cover and seal fasteners and anchors as required for a tight installation.

F. Seal joints as required for watertight construction. Prepare joints and apply sealants to comply with requirements in Section 079200 "Joint Sealants."

3.3 ROOF FLASHING INSTALLATION

A. General: Install sheet metal flashing and trim to comply with performance requirements and cited sheet metal standard. Provide concealed fasteners where possible, and set units true to line, levels, and slopes. Install work with laps, joints, and seams that are permanently watertight and weather resistant.

B. Copings: Anchor to resist uplift and outward forces according to recommendations in cited sheet metal standard unless otherwise indicated.

C. Pipe or Post Counterflashing: Install counterflashing umbrella with close-fitting collar with top edge flared for elastomeric sealant, extending minimum of 4 inches over base flashing. Install stainless-steel draw band and tighten.

D. Counterflashing: Coordinate installation of counterflashing with installation of base flashing. Insert counterflashing in reglets or receivers and fit tightly to base flashing. Extend counterflashing 4 inches over base flashing. Lap counterflashing joints minimum of 4 inches.

E. Roof-Penetration Flashing: Coordinate installation of roof-penetration flashing with installation of roofing and other items penetrating roof. Seal with elastomeric sealant and clamp flashing to pipes that penetrate roof.

3.4 CLEANING AND PROTECTION

A. Clean and neutralize flux materials. Clean off excess solder.

B. Clean off excess sealants.

C. Remove temporary protective coverings and strippable films as sheet metal flashing and trim are installed unless otherwise indicated in manufacturer's written installation instructions.

END OF SECTION 076200

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JOINT SEALANTS 079200- 1

SECTION 079200 - JOINT SEALANTS

PART 1 - GENERAL

1.1 SUMMARY

A. This Section includes joint sealants for the following applications, including those specified by reference to this Section:

1. Exterior joints in vertical surfaces and horizontal nontraffic surfaces. 2. Exterior joints in horizontal traffic surfaces. 3. Interior joints in vertical surfaces and horizontal nontraffic surfaces. 4. Interior joints in horizontal traffic surfaces.

1.2 PERFORMANCE REQUIREMENTS

A. Provide elastomeric joint sealants for exterior applications that establish and maintain watertight and airtight continuous joint seals without staining or deteriorating joint substrates.

B. Provide joint sealants for interior applications that establish and maintain airtight and water-resistant continuous joint seals without staining or deteriorating joint substrates.

1.3 SUBMITTALS

A. Product Data: For each joint-sealant product indicated.

B. Samples: For each type and color of joint sealant required, provide Samples with joint sealants in 1/2-inchwide joints formed between two 6-inch long strips of material matching the appearance of exposed surfaces adjacent to joint sealants.

C. Compatibility and adhesion test reports.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Products: Subject to compliance with requirements, provide one of the products listed in other Part 2 articles.

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2.2 MATERIALS, GENERAL

A. Compatibility: Provide joint sealants, backings, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer, based on testing and field experience.

B. VOC Content of Interior Sealants: Provide interior sealants and sealant primers that comply with the following limits for VOC content when calculated according to 40 CFR 59, Subpart D (EPA Method 24):

1. Sealants: 250 g/L. 2. Sealant Primers for Nonporous Substrates: 250 g/L. 3. Sealant Primers for Porous Substrates: 775 g/L.

C. Colors of Exposed Joint Sealants: As selected by Architect from manufacturer's full range.

2.3 ELASTOMERIC JOINT SEALANTS

A. Elastomeric Sealants: Comply with ASTM C 920 and other requirements indicated for each liquid-applied chemically curing sealant specified, including those referencing ASTM C 920 classifications for type, grade, class, and uses related to exposure and joint substrates.

B. Stain-Test-Response Characteristics: Where elastomeric sealants are specified to be nonstaining to porous substrates, provide products that have undergone testing according to ASTM C 1248 and have not stained porous joint substrates indicated for Project.

C. Single-Component Neutral- and Basic-Curing Neutral-Curing Silicone Sealant:

1. Available Products:

a. Dow Corning Corporation; 790. b. GE Silicones; SilPruf LM SCS2700. c. Tremco; Spectrem 1 (Basic). d. GE Silicones; SilPruf SCS2000. e. Pecora Corporation; 864. f. Pecora Corporation; 890. g. Polymeric Systems Inc.; PSI-641. h. Sonneborn, Division of ChemRex Inc.; Omniseal. i. Tremco; Spectrem 3. j. Dow Corning Corporation; 791. k. Dow Corning Corporation; 795. l. GE Silicones; SilPruf NB SCS9000. m. GE Silicones; UltraPruf II SCS2900. n. Pecora Corporation; 865. o. Pecora Corporation; 895. p. Pecora Corporation; 898.

2. Type and Grade: S (single component) and NS (nonsag).

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JOINT SEALANTS 079200- 3

3. Class: 50. 4. Use Related to Exposure: NT (nontraffic). 5. Uses Related to Joint Substrates: M, G, A, and, as applicable to joint substrates

indicated, O. 6. Stain-Test-Response Characteristics: Nonstaining to porous substrates per

ASTM C 1248.

D. Single-Component Nonsag Urethane Sealant:

1. Products:

a. Bostik Findley; Chem-Calk 900. b. Bostik Findley; Chem-Calk 915. c. Bostik Findley; Chem-Calk 916 Textured. d. Bostik Findley; Chem-Calk 2639. e. Pecora Corporation; Dynatrol I-XL. f. Polymeric Systems Inc.; Flexiprene 1000. g. Polymeric Systems Inc.; PSI-901. h. Schnee-Morehead, Inc.; Permathane SM7100. i. Schnee-Morehead, Inc.; Permathane SM7108. j. Schnee-Morehead, Inc.; Permathane SM7110. k. Sika Corporation, Inc.; Sikaflex 15LMg l. Tremco; DyMonic. m. Tremco; Vulkem 921. n. Tremco; Vulkem 931.

2. Type and Grade: S (single component) and NS (nonsag). 3. Class: 50. 4. Use Related to Exposure: NT (nontraffic). 5. Uses Related to Joint Substrates: M, G, A, and, as applicable to joint substrates

indicated, O.

E. Single-Component Pourable Urethane Sealant:

1. Products:

a. Bostik Findley; Chem-Calk 950. b. Pecora Corporation; Urexpan NR-201. c. Polymeric Systems Inc.; Flexiprene 952. d. Schnee-Morehead, Inc.; Permathane SM7101. e. Tremco; Tremflex S/L. f. Tremco; Vulkem 45.

2. Type and Grade: S (single component) and P (pourable). 3. Class: 25. 4. Use Related to Exposure: T (traffic). 5. Uses Related to Joint Substrates: M, A, and, as applicable to joint substrates indicated,

O.

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JOINT SEALANTS 079200- 4

2.4 LATEX JOINT SEALANTS

A. Latex Sealant: Comply with ASTM C 834, Type O P, Grade NF.

B. Available Products:

1. Bostik Findley; Chem-Calk 600. 2. Pecora Corporation; AC-20+. 3. Schnee-Morehead, Inc.; SM 8200. 4. Sonneborn, Division of ChemRex Inc.; Sonolac. 5. Tremco; Tremflex 834.

2.5 ACOUSTICAL JOINT SEALANTS

A. Acoustical Sealant for Exposed and Concealed Joints: Manufacturer's standard nonsag, paintable, nonstaining latex sealant complying with ASTM C 834 that effectively reduces airborne sound transmission through perimeter joints and openings in building construction as demonstrated by testing representative assemblies according to ASTM E 90.

1. Products:

a. Pecora Corporation; AC-20 FTR Acoustical and Insulation Sealant. b. United States Gypsum Co.; SHEETROCK Acoustical Sealant.

2.6 JOINT-SEALANT BACKING

A. General: Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing.

B. Cylindrical Sealant Backings: ASTM C 1330, Type C (closed-cell material with a surface skin) O (open-cell material) B (bicellular material with a surface skin) or any of the preceding types, as approved in writing by joint-sealant manufacturer for joint application indicated, and of size and density to control sealant depth and otherwise contribute to producing optimum sealant performance:

C. Bond-Breaker Tape: Polyethylene tape or other plastic tape recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint-filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide self-adhesive tape where applicable.

2.7 MISCELLANEOUS MATERIALS

A. Primer: Material recommended by joint-sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate tests and field tests.

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JOINT SEALANTS 079200- 5

B. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials, free of oily residues or other substances capable of staining or harming joint substrates and adjacent nonporous surfaces in any way, and formulated to promote optimum adhesion of sealants to joint substrates.

C. Masking Tape: Nonstaining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints.

PART 3 - EXECUTION

3.1 PREPARATION

A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants.

1. Remove all foreign material from joint substrates that could interfere with adhesion of joint sealant.

a. Clean porous joint substrate surfaces by brushing, grinding, blast cleaning, mechanical abrading, or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. Remove loose particles remaining after cleaning operations above by vacuuming or blowing out joints with oil-free compressed air.

2. Remove laitance and form-release agents from concrete.

a. Clean nonporous surfaces with chemical cleaners or other means that do not stain, harm substrates, or leave residues capable of interfering with adhesion of joint sealants.

B. Joint Priming: Prime joint substrates, where recommended in writing by joint-sealant manufacturer, based on preconstruction joint-sealant-substrate tests or prior experience. Apply primer to comply with joint-sealant manufacturer's written instructions. Confine primers to areas of joint-sealant bond; do not allow spillage or migration onto adjoining surfaces.

C. Masking Tape: Use masking tape where required to prevent contact of sealant with adjoining surfaces that otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal.

3.2 INSTALLATION

A. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated.

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JOINT SEALANTS 079200- 6

B. Acoustical Sealant Application Standard: Comply with recommendations in ASTM C 919 for use of joint sealants in acoustical applications as applicable to materials, applications, and conditions indicated.

C. Install sealant backings of type indicated to support sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability.

1. Do not leave gaps between ends of sealant backings. 2. Do not stretch, twist, puncture, or tear sealant backings. 3. Remove absorbent sealant backings that have become wet before sealant application and

replace them with dry materials.

D. Install sealants using proven techniques that comply with the following and at the same time backings are installed:

1. Place sealants so they directly contact and fully wet joint substrates. 2. Completely fill recesses in each joint configuration. 3. Produce uniform, cross-sectional shapes and depths relative to joint widths that allow

optimum sealant movement capability.

E. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint.

1. Remove excess sealant from surfaces adjacent to joints. 2. Use tooling agents that are approved in writing by sealant manufacturer and that do not

discolor sealants or adjacent surfaces. 3. Provide concave joint configuration per Figure 5A in ASTM C 1193, unless otherwise

indicated.

F. Installation of Preformed Silicone-Sealant System: Comply with manufacturer's written instructions.

G. Installation of Preformed Foam Sealants: Install each length of sealant immediately after removing protective wrapping, taking care not to pull or stretch material, producing seal continuity at ends, turns, and intersections of joints. For applications at low ambient temperatures where expansion of sealant requires acceleration to produce seal, apply heat to sealant in compliance with sealant manufacturer's written instructions.

H. Clean off excess sealant or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved in writing by manufacturers of joint sealants and of products in which joints occur.

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JOINT SEALANTS 079200- 7

3.3 JOINT-SEALANT SCHEDULE

A. Joint-Sealant Application : Exterior horizontal nontraffic and traffic isolation and contraction joints in cast-in-place concrete slabs.

1. Joint Sealant: Single-component pourable urethane sealant. 2. Joint-Sealant Color: Gray.

B. Joint-Sealant Application: Exterior vertical control and expansion joints in unit masonry.

1. Joint Sealant: Single-component nonsag urethane sealant. 2. Joint-Sealant Color: As selected.

C. Joint-Sealant Application: Exterior vertical joints between different materials listed above.

1. Joint Sealant: Single-component nonsag urethane sealant. 2. Joint-Sealant Color: As selected.

D. Joint-Sealant Application: Exterior perimeter joints between masonry, portland cement plaster (stucco) and metal frames of doors windows and louvers.

1. Joint Sealant: Single-component nonsag urethane sealant. 2. Joint-Sealant Color: As selcted.

E. Joint-Sealant Application : Vertical control and expansion joints on exposed interior surfaces of exterior walls.

1. Joint Sealant: Latex sealant. 2. Joint-Sealant Color: as selected

F. Joint-Sealant Application : Interior perimeter joints of exterior openings.

1. Joint Sealant: Latex sealant. 2. Joint-Sealant Color: As selected.

G. Joint-Sealant Application: Interior joints between plumbing fixtures and adjoining walls, floors, and counters.

1. Joint Sealant: Single-component mildew-resistant neutral-curing silicone sealant. 2. Joint-Sealant Color: White.

H. Joint-Sealant Application : Vertical joints on exposed surfaces of interior unit masonry and concrete walls and partitions.

1. Joint Sealant: Latex sealant. 2. Joint-Sealant Color: White.

I. Joint-Sealant Application : Perimeter joints between interior wall surfaces and frames of interior doors and windows.

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JOINT SEALANTS 079200- 8

1. Joint Sealant: Latex sealant. 2. Joint-Sealant Color: White.

END OF SECTION 079200

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APPENDIX

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Our SpecialtiesEnvironmental Consulting I Geotechnical Engineering I Construction Materials Testing

Threshold & Special Inspections I Private Provider & Code Compliance

GFA International, Inc.Florida’s Leading Engineering Source

ASBESTOS CONTAINING MATERIALS BUILDING SURVEY REPORT

22 South Orange StreetFellsmere, Indian River County, Florida 32948

Prepared For:The City of Fellsmere

22 South Orange StreetFellsmere, Florida 32948

October 23, 2018

GFA Contacts – Port St. Lucie and Delray Beach

Robert P. Crowell, P.G. Frederick G. Kaub, P.G.Environmental Department Manager President

[email protected] [email protected]

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Florida’s Leading Engineering Source

Environmental • Geotechnical • Construction Materials Testing • Threshold and Special Inspections • Plan Review & Code ComplianceSince 1988

October 23, 2018Mark MathesThe City of Fellsmere22 South Orange StreetFellsmere, Florida 32948(772) [email protected]

Re: Asbestos Containing Materials Building Survey Report22 South Orange Street, Fellsmere, Florida 32948GFA Project No. 18-9692.00

Dear Mr. Mathes:

In accordance with your request, GFA International, Inc. (GFA) is pleased to present this National Emissions Standard for Hazardous Air Pollutants (NESHAP) Asbestos Containing Materials Building Survey Report. This survey was conducted in accordance with Chapter 61-145 of the United States Environmental Protection Agency’s (USEPA) Title 40, Part 61, Subpart M of the Code of Federal Regulations (CFR). This report includes the results of our findings from visual reconnaissance, field sample collection and laboratory analysis.

GFA has conducted this Asbestos Containing Materials Building Survey in general accordance with the scope and limitations of NESHAP and GFA’s proposal to Mark Mathes of the City of Fellsmere, dated October 5, 2018 (Proposal Number 18-9692.00), and approved by Jason Nunemaker, City Manager of the City of Fellsmere on October 8, 2018.

Survey Method

On October 16, 2018, Robert P. Crowell, a certified Asbestos Hazard Emergency Response Act (AHERA) Asbestos in Buildings Inspector, conducted an asbestos sampling survey of suspect asbestos-containing building materials associated with the pending renovation of the roof of one building structure located at 22 South Orange Street, Fellsmere, Florida. A Site Location Map is included in Appendix A. Building materials associated with the roof of the subject building proposed for renovation were inspected and sampled as part of this survey.

During the NESHAP asbestos sampling survey conducted at the subject building, the inspector collected a total of twenty-six (26) bulk samples from six (6) homogeneous areas of suspect asbestos-containing materials. The samples were delivered to EMLab P&K, Fort Lauderdale, Florida, a certified asbestos laboratory for analysis of asbestos by polarized light microscopy (PLM).

The following chart lists each homogeneous area identified and sampled during the Asbestos Containing Materials Building Survey, the associated material class, material description, the estimated

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GFA International, Inc. Asbestos Containing Building Materials Survey ReportProject No. 18-9692.00: 22 South Orange Street, Fellsmere, Florida

quantity of material, the total number of samples of the material collected, the material condition, physical damage, water damage, material contact level, and material friability:

(HA)AREAS

MATERIALCLASS

MATERIALDESCRIPTION

ESTIMATEDQUANTITY

TOTAL SAMPLES COLLECTED

MATERIALCONDITION

PHYSICALDAMAGE

WATERDAMAGE

MATERIALCONTACT

MATERIALFRIABILITY

01 M Roof 9,000 SF 10 Good Minimal No Low NF

02 M Caulking 410 LF 6 Good No No Low F03 M Screen Mastic 200 SF 3 Good No No High F04 M Roof Liner Mastic 600 SF 4 Good No No Low F05 M Vent Stack Mastic 200 SF 2 Good No No Low NF06 M A/C Unit Mastic 50 SF 1 Good No No Low NF

Chart Abbreviation Notes: HA = Homogeneous AreaM = MiscellaneousSF = Square Feet

F = FriableNF = Not FriableVCT = Vinyl Composition TileACT = Acoustical Ceiling Tile

Bold = Material reported to contain asbestos mineral fibers

A sketch depicting the building roof showing the approximate sample locations is included as Attachment A. Field Logs indicating the homogeneous area, sample number, description, location, and NESHAP Category of each sample collected are provided in Attachment B.

Survey Results

The laboratory report and chain-of-custody documentation are included in Attachment C. Given that some materials contained multiple layers, each layer was tested and analyzed separately. A total of 36 asbestos tests were analyzed from the 26 samples submitted.

Asbestos mineral fibers were not detected in any of the building roof material samples collected and analyzed.

GFA was not informed of additional building materials that existed at the subject property prior to this survey. If additional materials that have not been tested are discovered during demolition activities or if any materials are found that were not accessible at the time of the survey, they should be considered Presumed Asbestos Containing Materials (PACM) in accordance with Chapter 1910.1001 of the Occupational Safety and Health Administration’s (OSHA) Title 29, Part 1910, Subpart Z of the CFR,until laboratory testing proves otherwise. In addition, the contractor should notify the subject property owner and GFA of any such materials for further evaluation. A copy of the survey should be kept onsite during demolition activities.

This report may not be used by the client to claim product endorsement by National Voluntary Laboratory Accreditation Program (NVLAP) or any agency of the U.S. Government. Method used: EPA Method for the Determination of Asbestos in Bulk Building Materials (EPA/600/R-93/116 July 1993). Copies of relevant GFA Asbestos Inspector Certifications are included as Attachment D.

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GFA International, Inc. Asbestos Containing Building Materials Survey ReportProject No. 18-9692.00: 22 South Orange Street, Fellsmere, Florida

GFA appreciates the opportunity to work on this project with you as a member of the project team. Please contact the undersigned at 772.924.3575 if you have any questions or comments on this report.

Best Regards,

GFA International, Inc.

Robert P. Crowell, P. G. Frederick G. Kaub, P.G.

AHERA Certified Asbestos Inspector Florida Licensed Asbestos ConsultantCertificate No. 09281701AM License No. AX71

Attachments: Attachment A - Bulk Field LogsAttachment B- PLM Analytical Laboratory Results and Chain-of-CustodyAttachment C - Certifications

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ATTACHMENT A

FIGURES

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FIGURE 1SITE LOCATION MAP

22 South Orange StreetFellsmere, Florida

N

S

W ESite LocationFellsmere, FL

Site Location

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FIGURE 2SAMPLE LOCATION MAP

22 South Orange StreetFellsmere, Florida

N

S

W ESite LocationFellsmere, FL

1

Not To Scale

Asbestos Sample Location

LEGEND

2

34

56

78

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

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ATTACHMENT B

BULK FIELD LOGS

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Approved by:

Approved SignatoryTracy Garcia

Report for:

Mr. Rob CrowellGFA International Inc.607 NW Commodity CovePort Saint Lucie, FL 34986

Regarding: Project: 18-9692.00; City of Fe 22 South Orange Street, FellsmenEML ID: 2025707

All samples were received in acceptable condition unless noted in the Report Comments portion in the body of the report. The results relate only to the items tested. The results include an inherent uncertainty of measurement associated with estimating percentages by polarized light microscopy. Measurement uncertainty data for sample results with >1% asbestos concentration can be provided when requested.

EMLab P&K ("the Company") shall have no liability to the client or the client's customer with respect to decisions or recommendations made, actions taken or courses of conduct implemented by either the client or the client's customer as a result of or based upon the Test Results. In no event shall the Company be liable to the client with respect to the Test Results except for the Company's own willful misconduct or gross negligence nor shall the Company be liable for incidental or consequential damages or lost profits or revenues to the fullest extent such liability may be disclaimed by law, even if the Company has been advised of the possibility of such damages, lost profits or lost revenues. In no event shall the Company's liability with respect to the Test Results exceed the amount paid to the Company by the client therefor.

Dates of Analysis:Asbestos PLM: 10-23-2018

Service SOPs: Asbestos PLM (EPA 40CFR App E to Sub E of Part 763 & EPA METHOD 600/R-93-116, SOP EM-AS-S-1267)

EMLab ID: 2025707, Page 1 of 8EMLab P&K, LLC

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EMLab P&K6500 McDonough Dr, Suite C-10, Norcross, GA 30093(866) 871-1984 Fax (954) 776-8485 www.emlab.com

Client: GFA International Inc.C/O: Mr. Rob CrowellRe: 18-9692.00; City of Fe 22 South Orange Street, Fellsmen

Date of Sampling: 10-16-2018Date of Receipt: 10-18-2018Date of Report: 10-23-2018

ASBESTOS PLM REPORTTotal Samples Submitted: 26Total Samples Analyzed: 26

Total Samples with Layer Asbestos Content > 1%: 0

Location: 01-01, Roof Lab ID-Version‡: 9556218-1

Sample Layers Asbestos ContentBlack Roofing Shingle with White Pebbles / Black/White Paint ND

Black Roofing Shingle with White Pebbles NDBrown Wood ND

Composite Non-Asbestos Content: 40% Synthetic Fibers5% Cellulose

Sample Composite Homogeneity: Good

Location: 01-02, Roof Lab ID-Version‡: 9556219-1

Sample Layers Asbestos ContentBlack Roofing Shingle with White Pebbles / Black/White Paint ND

Black Roofing Tar and Felt NDComposite Non-Asbestos Content: 40% Synthetic FibersSample Composite Homogeneity: Good

Location: 01-03, Roof Lab ID-Version‡: 9556220-1

Sample Layers Asbestos ContentBlack Roofing Shingle with White Pebbles / Black/White Paint ND

Black Roofing Tar and Felt NDComposite Non-Asbestos Content: 40% Synthetic FibersSample Composite Homogeneity: Good

Location: 01-04, Roof Lab ID-Version‡: 9556221-1

Sample Layers Asbestos ContentBlack Roofing Shingle with White Pebbles / Black/White Paint ND

Black Roofing Tar and Felt NDComposite Non-Asbestos Content: 40% Synthetic FibersSample Composite Homogeneity: Good

EMLab ID: 2025707, Page 2 of 8EMLab P&K, LLC

The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client toclaim product certification, approval, or endorsement by any agency of the federal government. EMLab P&K reserves the right to dispose of allsamples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.

Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. Whendetected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain largeamounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detectionlimit and to aid in asbestos identification.‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number isreflected by the value of "x".

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EMLab P&K6500 McDonough Dr, Suite C-10, Norcross, GA 30093(866) 871-1984 Fax (954) 776-8485 www.emlab.com

Client: GFA International Inc.C/O: Mr. Rob CrowellRe: 18-9692.00; City of Fe 22 South Orange Street, Fellsmen

Date of Sampling: 10-16-2018Date of Receipt: 10-18-2018Date of Report: 10-23-2018

ASBESTOS PLM REPORTLocation: 01-05, Roof Lab ID-Version‡: 9556222-1

Sample Layers Asbestos ContentBlack Roofing Shingle with White Pebbles / Black/White Paint ND

Black Roofing Tar and Felt NDComposite Non-Asbestos Content: 40% Synthetic FibersSample Composite Homogeneity: Good

Location: 01-06, Roof Lab ID-Version‡: 9556223-1

Sample Layers Asbestos ContentBlack Roofing Shingle with White Pebbles / Black/White Paint ND

Black Roofing Tar and Felt NDComposite Non-Asbestos Content: 40% Synthetic Fibers

< 1% CelluloseSample Composite Homogeneity: Good

Location: 01-07, Roof Lab ID-Version‡: 9556224-1

Sample Layers Asbestos ContentBlack Roofing Shingle with White Pebbles / Black/White Paint ND

Black Roofing Tar and Felt NDComposite Non-Asbestos Content: 40% Synthetic FibersSample Composite Homogeneity: Good

Location: 01-08, Roof Lab ID-Version‡: 9556225-1

Sample Layers Asbestos ContentBlack Roofing Shingle with White Pebbles / Black/White Paint ND

Composite Non-Asbestos Content: 20% Synthetic FibersSample Composite Homogeneity: Good

EMLab ID: 2025707, Page 3 of 8EMLab P&K, LLC

The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client toclaim product certification, approval, or endorsement by any agency of the federal government. EMLab P&K reserves the right to dispose of allsamples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.

Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. Whendetected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain largeamounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detectionlimit and to aid in asbestos identification.‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number isreflected by the value of "x".

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EMLab P&K6500 McDonough Dr, Suite C-10, Norcross, GA 30093(866) 871-1984 Fax (954) 776-8485 www.emlab.com

Client: GFA International Inc.C/O: Mr. Rob CrowellRe: 18-9692.00; City of Fe 22 South Orange Street, Fellsmen

Date of Sampling: 10-16-2018Date of Receipt: 10-18-2018Date of Report: 10-23-2018

ASBESTOS PLM REPORTLocation: 01-09, Roof Lab ID-Version‡: 9556226-1

Sample Layers Asbestos ContentBlack Roofing Shingle with White Pebbles / Black/White Paint ND

Black Roofing Tar and Felt NDComposite Non-Asbestos Content: 40% Synthetic FibersSample Composite Homogeneity: Good

Location: 01-10, Roof Lab ID-Version‡: 9556227-1

Sample Layers Asbestos ContentBlack Roofing Shingle with White Pebbles / Black/White Paint ND

Black Roofing Tar and Felt NDComposite Non-Asbestos Content: 40% Synthetic FibersSample Composite Homogeneity: Good

Location: 02-11, Caulking Lab ID-Version‡: 9556228-1

Sample Layers Asbestos ContentGray/Black Caulk ND

Composite Non-Asbestos Content: 8% CelluloseSample Composite Homogeneity: Good

Location: 02-12, Caulking Lab ID-Version‡: 9556229-1

Sample Layers Asbestos ContentGray/Black Caulk ND

Composite Non-Asbestos Content: 8% CelluloseSample Composite Homogeneity: Good

EMLab ID: 2025707, Page 4 of 8EMLab P&K, LLC

The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client toclaim product certification, approval, or endorsement by any agency of the federal government. EMLab P&K reserves the right to dispose of allsamples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.

Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. Whendetected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain largeamounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detectionlimit and to aid in asbestos identification.‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number isreflected by the value of "x".

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EMLab P&K6500 McDonough Dr, Suite C-10, Norcross, GA 30093(866) 871-1984 Fax (954) 776-8485 www.emlab.com

Client: GFA International Inc.C/O: Mr. Rob CrowellRe: 18-9692.00; City of Fe 22 South Orange Street, Fellsmen

Date of Sampling: 10-16-2018Date of Receipt: 10-18-2018Date of Report: 10-23-2018

ASBESTOS PLM REPORTLocation: 02-13, Caulking Lab ID-Version‡: 9556230-1

Sample Layers Asbestos ContentGray/Black Caulk ND

Composite Non-Asbestos Content: 8% CelluloseSample Composite Homogeneity: Good

Location: 02-14, Caulking Lab ID-Version‡: 9556231-1

Sample Layers Asbestos ContentGray/Black Caulk ND

Composite Non-Asbestos Content: 8% CelluloseSample Composite Homogeneity: Good

Location: 02-15, Caulking Lab ID-Version‡: 9556232-1

Sample Layers Asbestos ContentGray/Black Caulk ND

Composite Non-Asbestos Content: 8% CelluloseSample Composite Homogeneity: Good

Location: 02-16, Caulking Lab ID-Version‡: 9556233-1

Sample Layers Asbestos ContentGray/Black Caulk with White Paint ND

Composite Non-Asbestos Content: 8% CelluloseSample Composite Homogeneity: Good

EMLab ID: 2025707, Page 5 of 8EMLab P&K, LLC

The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client toclaim product certification, approval, or endorsement by any agency of the federal government. EMLab P&K reserves the right to dispose of allsamples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.

Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. Whendetected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain largeamounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detectionlimit and to aid in asbestos identification.‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number isreflected by the value of "x".

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EMLab P&K6500 McDonough Dr, Suite C-10, Norcross, GA 30093(866) 871-1984 Fax (954) 776-8485 www.emlab.com

Client: GFA International Inc.C/O: Mr. Rob CrowellRe: 18-9692.00; City of Fe 22 South Orange Street, Fellsmen

Date of Sampling: 10-16-2018Date of Receipt: 10-18-2018Date of Report: 10-23-2018

ASBESTOS PLM REPORTLocation: 03-17, Screen Mastic Lab ID-Version‡: 9556234-1

Sample Layers Asbestos ContentBlack Mastic with White Paint ND

Composite Non-Asbestos Content: 2% CelluloseSample Composite Homogeneity: Good

Location: 03-18, Screen Mastic Lab ID-Version‡: 9556235-1

Sample Layers Asbestos ContentBlack Mastic with White Paint / White Pebbles ND

Composite Non-Asbestos Content: 2% CelluloseSample Composite Homogeneity: Good

Location: 03-19, Screen Mastic Lab ID-Version‡: 9556236-1

Sample Layers Asbestos ContentBlack Mastic with White Paint / White Pebbles ND

Composite Non-Asbestos Content: 2% CelluloseSample Composite Homogeneity: Good

Location: 04-20, Roof Liner Seam Lab ID-Version‡: 9556237-1

Sample Layers Asbestos ContentBlack Roofing Mastic with White Paint / White Pebbles ND

Composite Non-Asbestos Content: 2% CelluloseSample Composite Homogeneity: Good

EMLab ID: 2025707, Page 6 of 8EMLab P&K, LLC

The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client toclaim product certification, approval, or endorsement by any agency of the federal government. EMLab P&K reserves the right to dispose of allsamples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.

Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. Whendetected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain largeamounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detectionlimit and to aid in asbestos identification.‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number isreflected by the value of "x".

Page 271: HISTORIC FELLSMERE SCHOOL · PB Certificate of Substantial Completion . PC Contractor’s Final Certification of the Work . R Change Order Form . GENERAL SPECIFICATIONS. DIVISION

EMLab P&K6500 McDonough Dr, Suite C-10, Norcross, GA 30093(866) 871-1984 Fax (954) 776-8485 www.emlab.com

Client: GFA International Inc.C/O: Mr. Rob CrowellRe: 18-9692.00; City of Fe 22 South Orange Street, Fellsmen

Date of Sampling: 10-16-2018Date of Receipt: 10-18-2018Date of Report: 10-23-2018

ASBESTOS PLM REPORTLocation: 04-21, Roof Liner Seam Lab ID-Version‡: 9556238-1

Sample Layers Asbestos ContentBlack Roofing Mastic with White Paint / White Pebbles ND

Composite Non-Asbestos Content: 2% CelluloseSample Composite Homogeneity: Good

Location: 04-22, Roof Liner Seam Lab ID-Version‡: 9556239-1

Sample Layers Asbestos ContentBlack Roofing Mastic with White Paint / White Pebbles ND

Composite Non-Asbestos Content: 2% CelluloseSample Composite Homogeneity: Good

Location: 04-23, Roof Liner Seam Lab ID-Version‡: 9556240-1

Sample Layers Asbestos ContentBlack Roofing Mastic with White Paint / White Pebbles ND

Composite Non-Asbestos Content: 2% CelluloseSample Composite Homogeneity: Good

Location: 05-24, Vent Mastic - South Lab ID-Version‡: 9556241-1

Sample Layers Asbestos ContentBlack Mastic with White Paint / White Pebbles ND

Composite Non-Asbestos Content: 2% CelluloseSample Composite Homogeneity: Good

EMLab ID: 2025707, Page 7 of 8EMLab P&K, LLC

The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client toclaim product certification, approval, or endorsement by any agency of the federal government. EMLab P&K reserves the right to dispose of allsamples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.

Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. Whendetected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain largeamounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detectionlimit and to aid in asbestos identification.‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number isreflected by the value of "x".

Page 272: HISTORIC FELLSMERE SCHOOL · PB Certificate of Substantial Completion . PC Contractor’s Final Certification of the Work . R Change Order Form . GENERAL SPECIFICATIONS. DIVISION

EMLab P&K6500 McDonough Dr, Suite C-10, Norcross, GA 30093(866) 871-1984 Fax (954) 776-8485 www.emlab.com

Client: GFA International Inc.C/O: Mr. Rob CrowellRe: 18-9692.00; City of Fe 22 South Orange Street, Fellsmen

Date of Sampling: 10-16-2018Date of Receipt: 10-18-2018Date of Report: 10-23-2018

ASBESTOS PLM REPORTLocation: 05-25, Vent Mastic - North Lab ID-Version‡: 9556242-1

Sample Layers Asbestos ContentBlack Mastic with White Paint / White Pebbles ND

Composite Non-Asbestos Content: < 1% CelluloseSample Composite Homogeneity: Good

Location: 05-26, A/C Mastic Lab ID-Version‡: 9556243-1

Sample Layers Asbestos ContentBlack Mastic with White Paint / White Pebbles ND

Composite Non-Asbestos Content: 2% CelluloseSample Composite Homogeneity: Good

EMLab ID: 2025707, Page 8 of 8EMLab P&K, LLC

The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client toclaim product certification, approval, or endorsement by any agency of the federal government. EMLab P&K reserves the right to dispose of allsamples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.

Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. Whendetected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain largeamounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detectionlimit and to aid in asbestos identification.‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number isreflected by the value of "x".

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ATTACHMENT D

CERTIFICATIONS

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Page 279: HISTORIC FELLSMERE SCHOOL · PB Certificate of Substantial Completion . PC Contractor’s Final Certification of the Work . R Change Order Form . GENERAL SPECIFICATIONS. DIVISION

2929 Waterford Drive, Deerfield Beach, Florida 33442 Office (954) 298-8243 Email – [email protected] Web – www.leadtestingconsultants.com

Report for

Lead Based Paint Survey Survey date: 10/16/2018

Built in 1915

Prepared for: City of Fellsmere

Prepared By: Lead Testing Consultants, Inc. Certification # FL – 107456-2 2929 Waterford Drive North Deerfield Beach, Florida 33442

Preformed at: Boys & Girls Club 22 South Orange Street Fellsmere, Florida 32948

Inspected By: Kimberly Chew Certified Risk Assessor LBP-R-100878-1 Expiration date: February 21, 2020

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2929 Waterford Drive, Deerfield Beach, Florida 33442 Office (954) 298-8243 Email – [email protected] Web – www.leadtestingconsultants.com

Table of Contents

Introduction

Purpose

XRF Testing

XRF Instrument Specifications

General Information

Summary

XRF Readings

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2929 Waterford Drive, Deerfield Beach, Florida 33442 Office (954) 298-8243 Email – [email protected] Web – www.leadtestingconsultants.com

Introduction

Lead Testing Consultants, Inc. (LTC) was retained to perform a lead-based paint (LBP) survey of the Boys & Girls Club building roof, located at 22 South Orange Street in Fellsmere, Florida. The LBP survey was performed by Kimberly Chew, a certified LBP risk assessor. The LBP survey was conducted on October 16, 2018.

Purpose

The purpose of the LBP survey is to identify and determine the presence or absence of LBP as defined by the U.S. Department of Housing and Urban Development (HUD) Publication titled "The Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing", June 1995. These guidelines were developed pursuant to Section 1018 of Title X. The residential Lead Based Paint Hazard Reduction Act of 1992.

XRF Testing This survey was performed using a portable X-Ray fluorescence (XRF) analyzer. A lead-based paint (LPB) analyzer is the most common primary analytical method for inspections in housing because of its demonstrated abilities to determine the presence or absence of lead-based paint on many surfaces and to measure the paint without destructive sampling or paint removal, as well as its high speed and relatively low cost per sample. Portable XRF instruments expose a building component to X rays or gamma radiation, which causes lead to emit X rays with a characteristic frequency or energy. The intensity of this radiation is measured by the instrument. The inspector must then compare this displayed value (reading) with the inconclusive range or threshold specified in the XRF Performance Characteristic Sheet. Note: the RMD LPA-1 does not give inconclusive readings. All readings from the RMD LPA-1 XRF device are either positive or negative for lead-based paint. Because the thresholds shown in the Performance Characteristic Sheet (for Quick Mode) are based on 1.0 milligrams per square centimeter (1.0 mg/cm2) , positive and negative readings are consistent with the HUD definition of lead-based paint for identification and disclosure purposes.

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2929 Waterford Drive, Deerfield Beach, Florida 33442 Office (954) 298-8243 Email – [email protected] Web – www.leadtestingconsultants.com

XRF Instrument Specifications Instrument Manufacturer: Radiation Monitoring Devices, Inc. (RMD) Model: LPA-1B Serial Number: 03473 Modes of Operation: Time Corrected Mode for Calibrations Quick Mode for Inspection Radioactive Source: Cobalt 57 Age of Radioactive Source: Assayed June 28, 2018 Calibration Standard: NIST 1.04 mg/cm2

General Information A LBP Survey is a limited lead-based paint (LBP) investigation to identify the presence or absence of LBP in specific locations of the building. It is not the intent of this report to provide a full Lead-Based Paint Inspection. It is the intent of this survey to provide enough information to determine if the specific areas that are questionable contain LBP. Please note that this survey includes only the specific locations that LTC was directed to test and are specifically contained in this report. Any testing results reported in this Lead Based Paint Survey should not be used to make assumptions as to the lead level in other non-tested building components. EPA defines lead-based paint as paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight. This report uses the EPA definition of 1.0 mg/cm2 as the actionable level of lead in paint. Some painted surfaces may contain levels of lead below 1.0 mg/cm2, which could create lead dust or lead-contaminated soil hazards if the paint is turned into dust by abrasion, scraping, or sanding. Components were tested if coated (painted, stained, shellacked or varnished). Uncoated extruded or anodized metal, stone, glass, plastic, ceramic or uncoated components are not included in Lead-Based Paint inspections. If a component is not addressed in the report it is because it was not coated as defined by the guidelines governing this inspection.

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2929 Waterford Drive, Deerfield Beach, Florida 33442 Office (954) 298-8243 Email – [email protected] Web – www.leadtestingconsultants.com

Summary This lead based paint survey was for the EXTERIOR ROOF ONLY at 22 South Orange Street Fellsmere, Florida. Testing of the affected building components were done using the inspection protocol in Chapter 7 of the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards In Housing (2012 Revisions). The results of this survey indicated that lead based paint was not found above the HUD Title X threshold of 1.0 mg/cm2 on the components tested.

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2929 Waterford Drive, Deerfield Beach, Florida 33442 Office (954) 298-8243 Email – [email protected] Web – www.leadtestingconsultants.com

DETAILED REPORT OF LEAD PAINT SURVEY FOR: City Of Fellsmere Inspection Date: 10/16/18 Boys & Girls Club Report Date: 10/17/2018 22 S Orange Street Abatement Level: 1.0 Fellsmere, FL 32948 Report No. 10/16/18 10:17 Total Readings: 30 Job Started: 10/16/18 10:17 Job Finished: 10/16/18 10:44 ________________________________________________________________________________________ Read Paint Paint Lead No. Wall Structure Location Member Cond Substrate Color (mg/cm²) Mode ________________________________________________________________________________________ Exterior Room 001 Roof 008 A Drip Cap Rgt F Metal N/A 0.7 QM 004 A Wall P Lft F Concrete N/A -0.3 QM 005 A Wall P Ctr F Concrete N/A -0.1 Std 006 A Wall P Ctr F Concrete N/A -0.4 QM 007 A Wall P Rgt F Concrete N/A -0.4 QM 012 B Drip Cap Rgt F Metal N/A 0.6 QM 009 B Wall P Lft F Concrete N/A 0.1 QM 010 B Wall P Ctr F Concrete N/A -0.2 QM 011 B Wall P Rgt F Concrete N/A 0.4 QM 014 C AC Ducts Lft F Metal N/A -0.1 QM 015 C AC Ducts Lft F Metal N/A -0.1 QM 019 C Drip Cap Rgt F Metal N/A 0.4 QM 016 C Floor Lft F Tar Paper N/A -0.1 QM 013 C Wall P Lft F Concrete N/A 0.3 QM 017 C Wall P Ctr F Concrete N/A 0.0 QM 018 C Wall P Rgt F Concrete N/A 0.0 QM 023 D Drip Cap Rgt F Metal N/A 0.3 QM 025 D Vent Base Rgt F Metal N/A -0.1 QM 026 D Vent Base Rgt F Metal N/A 0.3 QM 027 D Vent Rgt F Metal N/A -0.1 QM 024 D Floor Rgt F Tar Paper N/A -0.2 QM 020 D Wall P Lft F Concrete N/A 0.5 QM 021 D Wall P Ctr F Concrete N/A 0.0 QM 022 D Wall P Rgt F Concrete N/A -0.1 QM ____________________________________________________________________________________ Calibration Readings 001 1.0 TC 002 0.8 TC 003 0.9 TC 028 0.7 TC 029 0.8 TC 030 0.7 TC ---- End of Readings ----