nd Floor Office Space at PERA - J.S. Cates Constructionjscatesconstruction.com/files/00001-Project_Manual.pdf · Sealed Responses for Remodel 2nd Floor Office Space at PERA at Retirement

Project No. 63SP0009 Remodel 2nd Floor Office Space at PERA

Project Title Page 00 01 01 - 1

REQUEST FOR BIDS

FOR

STATE PROJECT NUMBER 63SP0009

REMODEL 2ND FLOOR OFFICE SPACE AT PERA

RETIRE SYSTEM BUILDING

60 Empire Drive, Suite 200 Saint Paul, MN 55103

CONTRACTING AGENCY: State of Minnesota Department of Administration Materials Management Division Room 112 50 Sherburne Avenue St. Paul, MN 55155

This Page Left Intentionally Blank


Approval Page 00 01 01 - 2

THIS PROJECT IS APPROVED

FOR BIDDING AND CONSTRUCTION.

FACILITY: _____________________________________________________________ Authorized Signature

AGENCY: ______________________________________________________________ Authorized Signature

DEPT. OF ADMINISTRATION: _____________________________________________ Authorized Signature




Table of Contents 00 01 10 - 1

SECTION 00 01 10 TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS 00 01 01 Project Title Page 00 01 05 Certifications Page 00 01 10 Table of Contents 00 11 14 Solicitation Advertisement Information 00 21 23 Instructions to Responders 1.01 Definitions 1.02 Preferences

1.03 Examination of Site and Documents 1.04 Solicitation Security Requirements 1.05 Interpretations and Changes by Addenda 1.06 Preparation of Response 1.07 Responsible Contractor Requirement

1.08 Laws and Regulation 1.09 Qualified Responses 1.10 Solicitation Dispute Resolution Procedures 1.11 Delivery of Responses, Late Submissions, Modification of Response 1.12 Withdrawal of Response 1.13 Response opening 1.14 Solicitation Results 1.15 Consideration of Responses 1.16 Unit Prices 1.17 State Excise and Use Tax 1.17 Award 1.19 Contract 1.20 Subcontractual Relations 1.21 Assurance of Completion (Payment and Performance Bond) 1.22 Limit of Time to Bring Action (Payment and Performance Bond 1.23 Certification Regarding Federal Debarment, Suspension, Ineligibility & Voluntary

Exclusion 1.24 Human Rights Compliance 1.25 Products containing types of Polybrominated Diphenyl Ether Banned 1.26 Coal Tar Sealant Use and Sale Prohibited 1.27 Equal Pay Certification

1.28 Publicity 1.29 Organizational Conflicts of Interest

00 21 26 Supplementary Instructions to Responder 1.01 Building Construction Contractor Registration 1.02 Special Instructions, Non-Minnesota Contractors, SDE Form and Instructions 00 41 73 Response Form, Prime Contractor Attachment A – Responsible Contractor Verification & Certification of Compliance Attachment B – Prime Contractor Tax Identification & Registration Form Attachment C - Affidavit of Noncollusion Attachment D – Prime Contractor Qualification Form Attachment E – Veteran-Owned Preference Form Attachment F – Affirmative Action Certificate Attachment G – Equal Pay Certification Form



00 43 14 Solicitation Bond Forms 00 52 13 Example Contract Award Form (Single-Prime Contractor) 00 54 14 Example Supplement Agreement Form 00 55 00 Example Notice to Proceed 00 61 13 Example Performance and Payment Bond Form 00 72 00 AIA Document A201, 2007 Edition General Conditions of the Contract for Construction 00 73 03 Supplementary Conditions 00 73 16 Insurance Requirements 00 73 17 Sample Insurance Certificate Form 00 73 35 Notice, Affirmative Action 00 73 35 Standard State Equal Employment Opportunity (EEO) 00 73 37 Monthly Utilization Report for (EEO) 00 73 39 Eligible Targeted Group Business 00 73 43 Prevailing Wage Requirements for State Funded Projects 00 73 46 Prevailing Wage Rates DIVISION 01 - GENERAL REQUIREMENTS 01010 Summary of Work 01250 Contract Modification Process 01295 Application for payments 01315 Project Meetings 01330 Submittal Procedures 01500 Temporary Facilities and Controls 01775 Contract Closeout DIVISIONS 02 – EXISTING CONDITIONS 02410 Selective Demolition DIVISIONS 03 – 06 OMITTED DIVISION 07 – THERMAL AND MOISTURE PROTECTION 07200 Acoustical Insulation



07900 Joint Sealers DIVISION 08 – DOORS AND WINDOWS 08110 Hollow Metal Frames 08210 Wood Doors 08710 Door Hardware 08810 Glazing DIVISION 09 – FINISHES 09100 Metal Support Systems 09260 Gypsum Board Systems 09720 Wall Covering 09900 Painting DIVISIONS 10 – 15 OMITTED DIVISION 16 – ELECTRICAL SYSTEMS 16010 Electrical General Provisions 16100 Basic Materials and Methods 16500 Lighting 16701 Fire Alarm System DIVISIONS 17 – 26 OMITTED DIVISION 28 – ELECTRONIC SAFETY AMD SECURITY 28 10 00 Electronic Access Control APPENDICIES Appendix A Contractor’s / Vendor’s Guidelines Related to Building and Parking Facilities Appendix B Standard Operating Procedures for Hot Works Appendix C Cutting, Welding and Other Hot Work Appendix D State Patrol Capitol Security Division Background Check Request

END OF SECTION



Solicitation Advertisement Information 00 11 14 - 1

SECTION 00 11 14 SOLICITATION ADVERTISEMENT INFORMATION PROJECT NO. 63SP0009 Sealed Responses for Remodel 2nd Floor Office Space at PERA at Retirement System Building, 60 Empire Drive, Suite 200, Saint Paul, MN 55103 will be received by the Department of Administration, Materials Management Division, Room 112, 50 Sherburne Avenue, Saint Paul, MN 55155, hereinafter referred to as the Contracting Agency, until 2:30 PM on July 9, 2015 and will then be opened and publicly read aloud. PRE-BID MEETING INFORMATION: 1. PRE-BID MEETING (check one): ____ NO __X__ YES (see items 2 and 3 below) 2. A Pre-Bid Meeting will be held at the project site at 60 Empire Drive, Suite 200, Saint Paul, MN

55103 on June 30, 2015 at 9:00 A.M. The Prime General Contractors are Required; Electrical Subcontractors are encouraged to attend the Pre-Bid Meeting. This will be the only opportunity for contractors to investigate the space before bid opening. Questions from the Prime General Contractors shall be submitted to the Architect on or before July 2, 2015.

3. MEETING IS MANDATORY (check one): ____ NO _X__ YES (see item a below)

a. Responses received from Prime General Contractors that did not attend the mandatory pre-bid meeting will be rejected.

Plans and Specifications were prepared by Duan Corporation 7096 East Fish Lake Road, Maple Grove, MN 55311 Telephone Number: 612‐326‐3000 Fax Number: 612‐677‐3727 Contact Name: Frank Duan, AIA, LEED AP BD+C E‐Mail: [email protected] Plans and Specifications may be viewed, without charge, on the Materials Management Division website http://www.mmd.admin.state.mn.us/solicitations.htm, then click on Virtual Plan Room – Construction Contracts, then click in the blue box “To view projects as a guest without logging into the site: Click Here”. Plans and specifications can be downloaded for a non-refundable charge of $7.00. Plan Holders are parties that have downloaded the plans and specifications. Plan Holders will be notified via email as addenda are issued. Parties that download the plans and specifications and need to have them printed elsewhere are solely responsible for those printing costs. Note: Paper copies of plans and specifications will not be distributed by the Owner or its agent(s). Please contact Franz Reprographics at 763.503.3401 or [email protected] for assistance in downloading and working with this digital project information.

***************************************************************************************

1.01 SUMMARY OF WORK (SEE SECTION 01 10 00 FOR FULL SCOPE OF WORK)

A. The work will be done under one prime contract that includes: General, Mechanical, and Electrical construction.

B. The following summary is a general guide to the scope of work. It should not be construed as a detailed list of work included in the contract.

1. Provide partitions and security doors to separate the Open Office 204 and

Reception 210.


Solicitation Advertisement Information 00 11 14 - 1

2. Provide access control to the existing door at Room 203. Cut opening between Rooms 203 and 204. Work in Item #2 is Add Alternate #1.


Instructions to Responders 00 21 23 - 1

SECTION 00 21 23 INSTRUCTIONS TO RESPONDERS 1.01 DEFINITIONS

The following definitions apply. For additional definitions refer to the AIA A201 General Conditions of the Contract for Construction.

A. Agency: Any state officer, employee, board, commission, authority, department, entity, or

organization of the executive branch of state government. [Minn. Stat. § 16C.02, subd.2]

B. American-made Steel: Steel for which all manufacturing processes must take place domestically. Manufacturing is any process that modifies the chemical content; physical shape or size; or final finish of a product. Manufacturing begins with the initial melting and mixing, and continues through the bending and coating stages. If a domestic product is taken out of the US for any process, it becomes foreign source material.

C. AMS: Acquisition Management Specialist is the person delegated the authority from the

Commissioner of Administration to manage the procurement process, award contracts, approve supplements and provides oversight for the life of the contract.

D. Architect/Engineer: The Architect, Engineer, Designer, or other person or entity designated

by the Owner to perform the Architect’s role required by the Contract Documents. [AIA Document A201 Article 4.1.1]

E. Award: A commissioner’s written acceptance of a bid or proposal to provide goods,

services, or utilities. [Minn. Stat. § 16C.02, subd.3]

F. Best Value; construction: For purposes of construction, building, alteration, improvement, or repair services, “best value” describes the result determined by a procurement method that considers price and performance criteria. [Minn. Stat. § 16C.28, subd.16]

G. Construction contractor: A prime contractor or subcontractor of any tier for work on a

project. [Minn. Stat. § 16C.285, subd. 1(b)]

H. Contract: Any written instrument or electronic document containing the elements of offer, acceptance, and consideration to which an agency is a party, including an amendment to or extension of a contract. [Minn. Stat. § 16C.02, subd.6]

I. Contracting Agency: The agency which solicits and receives responses, awards and

administers the contract.

J. Contracting Authority: A state agency,.. that enters into a construction contract or authorizes or directs entering into a construction contract. [Minn. Stat. § 16C.285, subd. 1(d)]

K. Contract Documents: The Contract Documents (hereinafter Contract, Contract Documents

or Agreement) consist of the Agreement between the Owner and Contractor, the Payment and Performance Bond, the Corporate Acknowledgement or Individual and Co partnership Acknowledgement, or Limited Liability Acknowledgement, the General, Supplementary and Special Conditions of the Contract, drawings, specifications (project manual), bidding documents, addenda, other documents listed in the Agreement, and modifications issued and duly authorized after execution of the agreements. [AIA Document A201Art1.1.1]

L. Contractor: A business that is engaged in construction such as general, mechanical, or

electrical contracting. [Minn. R. 1230.0150, subp.5]



Contractor: A prime contractor or subcontractor, and does not include a material supplier. [Minn. Stat. § 16C.285, subd. 1(c)]

M. Design-Build Contract: A contract between the commissioner and a design-builder to furnish the architectural, engineering, and related design services as well as the labor, materials, supplies, equipment, and construction services for a project. [Minn. Stat. § 16C.32, subd.1 (9)]

N. Encumbrance: The commitment of a portion or all of an allotment in order to meet an

obligation that is expected to be incurred to pay for goods or services received by the state or to pay a grant. [Minn. Stat. § 16A.011, subd.11]

O. Fiscal year: (State) The period beginning at midnight between June 30 and July 1 and

ending 12 months later. [Minn. Stat. § 16A.011, subd.14]

P. Managing Agency: The agency responsible for project management.

Q. Paying Agency: The agency responsible for issuing payments.

R. Prime contractor: A vendor that submits a bid or proposal or otherwise responds to a solicitation document of a contracting authority for work on a project or is awarded a construction contract by a contracting authority for work on a project. [Minn. Stat. § 16C.285 subd. 1(f)]

S. Principle: An owner holding at least a 25 percent ownership interest in a business. [Minn.

Stat. § 16C.285 subd. 1(g)]

T. Project: Means building, erection, construction, alteration, remodeling, demolition, or repair of buildings, real property, highways, roads, bridges, or other construction work performed pursuant to a construction contract. [Minn. Stat. § 16C.285 subd. 1(h)]

U. Related entity: 1) firm, partnership, corporation, joint venture, or other legal entity

substantially under the control of a contractor or vendor; 2) a predecessor corporation or other legal entity having one or more of the same principals as the contractor or vendor; 3) a subsidiary of a contractor or vendor; 4) one or more principals of a contractor or vendor; and 5) a person, firm, partnership corporation, joint venture, or other legal entity that substantially controls a contractor or vendor. [Minn. Stat. § 16C.285 subd. 1(i)]

V. Responder: A person who provides an offer in response to a solicitation. [Minn. R.

1230.0150, subp. 19a]

W. Responsible contractor: A contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the minimum criteria as defined in Minn. Stat. § 16C.285 subd. 3 (1)-(7). [Minn. Stat. § 16C.285 subd. 3]

X. Solicitation: The process used to communicate procurement requirements and to request

responses from interested vendors. A solicitation may be, but is not limited to, a request for bid and request for proposal. [Minn. Stat. § 16C.02, subd. 19]

Y. Solicitation document: An invitation to bid, bid specifications, request for proposals,

request for qualifications, or other solicitation of contractors for purposes of a construction contract. [Minn. Stat. § 16C.285 subd. 1]



Z. Solicitation-Formal: A solicitation which requires a sealed response. [Minn. Stat. § 16C.02, subd. 7]

AA. Subcontractor: A Subcontractor is a person or entity who has a direct contract with the

Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a subcontractor or an authorized representative of the subcontractor. The term “Subcontractor” does not include a separate contractor or subcontractors of a separate contractor. [AIA Document A201Art 5.1.1]

Subcontractor: A vendor that seeks to enter into a subcontract or enters into a subcontract for work on a project. [Minn. Stat. § 16C.285 subd. 1(i)]

BB. Vendor: A business, including a construction contractor or a natural person, and includes both if the natural person is engaged in a business. [Minn. Stat. § 16C.02, subd. 21]

1.02 PREFERENCES

A. Targeted Group and Economically Disadvantaged Vendors: In accordance with Minn. Stat. § 16C.16, subdivisions 4, 5, 6, and 7, eligible certified targeted group (T.G.) vendors will receive a six percent (6%) preference and certified economically disadvantaged (E.D.) vendors will receive a four percent (4%) preference on the basis of an award for this solicitation. Preference will only be allowed if responder is certified prior to the scheduled solicitation opening. A table of eligible targeted group businesses is located in Division 00 7339. The preference is applied only to the first $1,000,000 of the response. Vendors interested in becoming a certified vendor or to verify their T.G. eligibility and certification or ED certification, should refer to the Materials Management Division’s website at www.mmd.admin.state.mn.us under “Vendor Information” or call the division’s help line at 651.296.2600.

B. Certified Veteran-Owned Business: In accordance with Minn. Stat. § 16C.16, subd. 6a,

the Commissioner of Administration will award a 6% preference in the amount bid on state procurement to certified small businesses that are majority owned and operated by veterans.

A small business qualifies for the “veteran-owned” preference when it meets two requirements. 1) The principal place of business is in Minnesota. 2) The United States Department of Veterans Affairs verifies the business as being a veteran-owned small business under Public Law 109-461 and Code of Federal Regulations, title 38, part 74 (Supported By Documentation). See Minn. Stat. § 16C.19(d).

Submit the appropriate documentation with the solicitation response to claim the veteran-owned preference. Statutory requirements and documentation must be met by the solicitation response due date and time to be awarded the preference. The preference applies only to the first $1,000,000 of a solicitation response.

If you are claiming the veteran-owned preference, attach documentation and include

Attachment E of the Prime Contractor Response Form. Only eligible veteran-owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference.

C. Resident Vendor: In accordance with Minn. Stat. § 16C.02, subd. 13, a “Resident Vendor”

means a person, firm, or corporation that:

(1) is authorized to conduct business in the state of Minnesota on the date a solicitation for a contract is first advertised or announced. It includes a foreign corporation duly authorized to engage in business in Minnesota;

(2) has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid or proposal for which any preference is sought;



(3) has a business address in the state; and (4) has affirmatively claimed that status in the bid or proposal submission.

To receive recognition as a Minnesota Resident Vendor (“Resident Vendor”), your company must meet each element of the statutory definition above by the solicitation opening date and time. If you wish to affirmatively claim Resident Vendor status, you should do so by responding to the questions listed on the Contractor Response Form. Resident Vendor status may be considered for purposes of resolving tied low bids or the application of a reciprocal preference.

1.03 EXAMINATION OF SITE AND DOCUMENTS

A. Responders shall examine all documents, (specifications, drawings, and instruction), shall visit the site and record their own investigations, and shall inform themselves of all conditions under which the work is to be performed at the site of the work, the structure of the ground, the obstacles which may be encountered, all of the conditions of the documents, including, but not limited to, superintendence of the work, requirements of temporary heat, time of completion, furnishing a list of subcontractors, and all other relevant matters which may affect the work or the responses.

B. The Responder shall base the response on materials complying with the plans and

specifications. The responder will be required to make its own estimates of the actual quantities involved and to calculate its price accordingly. Qualified and/or alternate responses will not be considered (see 1.09).

1.04 SOLICITATION SECURITY REQUIREMENTS

A. Each Prime Response which totals more than $50,000.00 must be accompanied by a certified check, cashier’s check, or money order made payable to the State of Minnesota; or a surety bond of a surety company duly authorized to do business in the State of Minnesota; in an amount equal to five percent (5%) of the total amount of the response, which is submitted as a solicitation security conditioned upon the Responder entering into a contract with the State of Minnesota in accordance with the terms of the solicitation. It is agreed that said solicitation security of the successful Responder will constitute liquidated damages, not a penalty, for the failure or refusal of the successful Responder to execute and deliver the contractual documents, in a correct form, within seven (7) calendar days after receipt of the contract documents.

1.05 INTERPRETATIONS AND CHANGES BY ADDENDA

A. If any planholder is in doubt as to the meaning of any part of the Plans and Specifications, submit a written request to the Architect for an interpretation of that part. Any interpretation or change will be made only by addendum numbered, dated, and shall be made available on the Materials Management Division web site. The State or Architect will not be responsible for any other explanations or interpretations of the documents.

B. Any information obtained by, or provided to, a Responder other than by formal addenda to

the solicitation shall not constitute a change to the solicitation. C. If this solicitation is amended, all terms and conditions which are not modified remain

unchanged. D. Responders are responsible for checking all addenda to verify that they are submitting the

latest version of the Response Form that has been issued for this solicitation. Responses received on forms that are not the latest version of the form may be rejected.

E. Responders shall acknowledge receipt of all addenda’s to this solicitation by identifying the

addendum number(s) on the response form. The State must receive acknowledgement by



the time and at the place specified for Delivery of Response. Responses which fail to acknowledge any addenda which affects price will be rejected.

1.06 PREPARATION OF RESPONSE

A. The Responder shall submit their response on the furnished forms and all the forms must be filled in correctly and signed. If the solicitation requires providing a response on all items. Failure to do so will cause the response to be rejected.

B. A response containing an alteration or erasure (this includes, but is not limited to using

correction fluid and typewriter correction tape to make the alteration) of any price contained in the response that is used in determining the lowest responsible Responder must be rejected unless the intended result of the alteration or erasure is clear and the alteration is authenticated by an authorized representative of the Responder. An alteration or erasure may be made by crossing out the price information to be altered and printing or typing the correction in ink adjacent to the crossed out information. Any alteration or erasure, however done, must be rejected unless it is initialed by an authorized representative of the Responder before the scheduled solicitation opening. See Minn. Stat. §16C.28, Subd. 2.

C. The Responder shall submit with its response all catalogues, drawings, specifications,

descriptive information, samples, and other details of special material or equipment proposed to be furnished if the specification so requires, such that the merits of the submittals may be determined by the Architect. Failure to comply may be cause for rejection.

D. An authorized signature is required. The response must be signed by an officer or other

authorized representative. Proof of authority of the person signing the response shall be furnished upon request. Acceptable proof of authority is as follows: If the Responder is a corporation, a secretarial certificate of an excerpt of the corporate minutes showing that the signing officer has authority to contractually obligate the corporation shall be furnished. Where the corporation has designated an attorney-in-fact, the ordinary power of attorney should be furnished. If the Responder is a partnership, a letter of authorization shall be furnished, signed by one of the general partners. If the Responder is a proprietor, and the person signing the response is other than the owner, a letter of authorization signed by the owner shall be furnished.

1.07 RESPONSIBLE CONTRACTOR REQUIREMENT

A. Responsible Contractor Requirement (Minn. Stat. § 16C.285, Subd. 3). The Prime Contractor must submit the attached “Responsible Contractor Verification and Certification of Compliance” and “Attachment A-1 First-Tier Subcontractor List” with their response to this solicitation. The Prime Contractor shall submit a supplemental verification list naming all additional subcontractors which verifies the subcontractors have certified they are in compliance within 14 days of retaining the additional subcontractors. Upon request from the Owner, the prime contractor shall submit copies of the signed certifications of compliance from all subcontractors of any tier.

1.08 LAWS AND REGULATIONS

A. Any and all services, articles or equipment offered and furnished must comply fully with all local, State, and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination.

1.09 QUALIFIED RESPONSES

A. The Responder shall not stipulate in the response any condition not contained in the specifications and other documents submitted for the solicitation.



1.10 SOLICITATION DISPUTE RESOLUTION PROCEDURES

A. Any issue a Responder has with the solicitation document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to the AMS prior to the solicitation opening due date and time. Any issue a responder has with the official bid tabulation must be submitted in writing to the AMS within five working days from the time the bid tabulation is made public. The State will respond to any protest received that follows the above procedure.

1.11 DELIVERY OF RESPONSES

A. Each response and all papers bound and attached to it, together with solicitation security (if required) shall be placed in an envelope and securely sealed therein. The envelope should be marked to indicate the following.

1. The name and address of the Responder 2. The name of the project, location, and project number 3. The solicitation opening date and time

B. The envelope shall be addressed to the Department of Administration, Materials Management Division, Room 112, 50 Sherburne Avenue, Saint Paul, MN 55155, hereinafter referred to as the Contracting Agency, and responses must be received by the Contracting Agency and time stamped before the time set for the opening of the responses. In accordance with Minn. Stat. § 13.591, subd. 3. LATE RESPONSES WILL NOT BE CONSIDERED.

C. Responses arriving by mail or otherwise after the time designated for the opening of the

responses will not be considered and will be returned unopened. Responses faxed to the Contracting Agency, oral responses, E-mail responses, and telephone responses will not be accepted.

D. Responses may be modified by fax. No oral or e-mail modifications will be accepted. Such

fax modifications must show the amount by which a price is increased or decreased; it must not reveal either the original or the new bid price. Fax additions/deductions will be accepted if the fax is physically received by the Contracting Agency and time stamped no later than the time set for the opening of responses, with a written confirmation of modification signed by the Responder if requested by the Contracting Agency. It will be the Responders responsibility to adjust their bid security appropriately for the increase or decrease of its price prior to the date and time set for the opening of responses. The Contracting Agency fax number is 651-297-3996.

1.12 WITHDRAWAL OF RESPONSE

A. A Responder may withdraw its response at any time before the date and time set for the opening of the responses by written notification to the Contracting Agency of the desire to withdraw, by appearing in person at the address of the solicitation opening, or by writing, or facsimile received by the Contracting Agency.

B. Subsequent to the opening of the responses, a Responder may request to withdraw a

response only upon a showing that an obvious error exists in the response. The showing and request for withdrawal must be made in writing to the Contracting Agency within a reasonable time after the opening of the response and prior to the State’s detrimental reliance on the response.

C. A response may be withdrawn after the time period stated on the solicitation response form

if the State has not acted thereon.



1.13 RESPONSE OPENING

A. Responses will be publicly opened and read aloud as specified in the solicitation. Responders and other interested persons may be present.

1.14 SOLICITATION RESULTS

A. Solicitation (bid) results can be obtained in the following ways: 1. By attending the solicitation opening 2. On Materials Management Division website

www.mmd.admin.state.mn.us/solicitations.htm and click on Virtual Plan Room – Construction Contracts, then click in the blue box “To view projects as a guest without logging into the site: Click Here”, then click on the “Show Closed Bids & Project Results”.

1.15 CONSIDERATION OF RESPONSES

A. After the Prime responses have been opened, the apparent low Prime response and

possible low Prime responses with alternates will be checked for responsiveness. All other prime responses will not be checked for responsiveness until such time as they may become apparent low.

B. The State reserves the right to accept or reject any or all responses, or parts of responses,

and to waive informalities or minor irregularities therein. C. For the purpose of determining the lowest responsible Responder, the State reserves the

right to accept any or all alternates in the numerical order in which they appear on the Solicitation form and as it may consider in the best interests of the State.

1.16 UNIT PRICES

A. In cases where any part of the response is to be received on the unit price basis, the

quantities stated are approximate only, and will be used in making a comparison of responses. In case of error in an extension, the unit price prevails. A response of unit prices may be rejected if it is found to be unbalanced.

1.17 STATE EXCISE AND USE TAX

A. The Responder is to include in the response price all applicable State or Federal sales,

excise or use tax on all materials, supplies and equipment that are to be utilized on this project.

1.18 AWARD

A. The award will be made to the lowest responsible Prime Contractor who conforms to the

language of the specifications, terms of delivery, and any other conditions imposed herein. 1.19 CONTRACT

A. The successful Responder, if awarded a contract, shall sign a contract with the State and

furnish a payment bond, performance bond, and insurance in conformance with the solicitation and specifications. Responder to execute and deliver the contractual document in correct form within seven (7) calendar days after receipt of the contract documents. No such contract shall be in force and effect until it is executed by all parties, the full amount of the contract liability of the State has been encumbered by the State, and payment bond and performance bond have been approved.



B. The State shall not permit the Contractor on the job site for any reason until the Contractor has provided a payment bond, performance bond, and certificates of insurance, all of which are subject to the State’s review and approval. This Contract expressly excludes any payments or any on-site work until all bond and insurance requirements have been met.

C. If the Contract, payment bond, performance bond, and insurance submitted by the

Contractor are approved by the Contracting Agency a Final Notice to Proceed will be sent to the Contractor and all requirements of the contract (including site work) may commence.

D. The State reserves the right to terminate the contract without obligation to the Contractor if

all payment bond, performance bond, and insurance requirements are not met. E. The Contractor shall, within 10 days of signing the contract, submit in writing to the Architect

a complete list of all items of work that they propose to subcontract and the names of the subcontractors to whom they propose to subcontract such work. The subcontractors named shall be of recognized standing with a record of satisfactory performance. The Contractor shall not employ any subcontractor or use any material to which the Architect may object as incompetent, unfit, or where there is reason to assume the work will not be accomplished in accordance with the Contract Documents. Failure of the Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection.

F. If the Contract, payment bond, and performance bond submitted by the Contractor are

approved by the Contracting Agency, but the insurance is not yet approved, a Provisional Notice to Proceed will be sent to the Contractor and all requirements of the Contract that do not require the Contractor to be on the job site may proceed. When the insurance has been approved by the Contracting Agency a Final Notice to Proceed will be sent to the Contractor and only at that time can the Contractor come on the job site.

1.20 SUBCONTRACTUAL RELATIONS

A. The Contractor shall make available to each proposed Subcontractor, prior to execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. The Contractor and subcontractors shall be in compliance with Article 5.3 of the AIA A201-2007 edition as modified by the State.

1.21 ASSURANCE OF COMPLETION (PAYMENT AND PERFORMANCE BOND)

A. The Payment and Performance Bonds, each equal to 100 percent of the total contract value,

shall be in compliance with the AIA A201-2007 edition as modified by the State, Article 11.4 Performance Bond and Payment Bond.

1.22 LIMIT OF TIME TO BRING ACTION (PAYMENT AND PERFORMANCE BOND)

A. Limit of time to bring action shall be in compliance with Minn. Stat. § 574.31, Subd. 1 Claims on performance bonds and Subd. 2 Claims on payment bonds and in compliance with the AIA A201-2007 edition as modified by the State, Article 5.1.3.

1.23 CERTIFICATION REGARDING FEDERAL DEBARMENT, SUSPENSION, INELIGIBILITY, AND

VOLUNTARY EXCLUSION

A. A contract resulting from this solicitation may be a covered transaction for purposes of federal debarment and suspension regulations. By submission of its response, the responder certifies that neither it, nor its principals or subcontractors, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from



participation in this transaction by any federal department or agency. The responder further certifies that it will include this provision in any subcontracts resulting from this solicitation. If the responder knowingly renders an erroneous certification, in addition to remedies available to the Minnesota Department of Administration, the Federal Government may pursue available remedies, including but not limited to suspension or debarment.

1.24 HUMAN RIGHTS COMPLIANCE.

A. If the solicitation response is in excess of $100,000, the State of Minnesota – Affirmative Action Certification form is required. Vendors are cautioned to read closely the section listed elsewhere in this specification titled, “Notice to Prime Contractors, Affirmative Action Certificate of Compliance”, Division 00 73 35.

1.25 PRODUCTS CONTAINING CERTAIN TYPES OF POLYBROMINATED DIPHENYL ETHER BANNED.

A. By signing and submitting a response to this solicitation, Contractor/Responder certifies that they have read and will comply with Minn. Stat. § 325E.385-325E.388.

1.26 COAL TAR SEALANT USE AND SALE PROHIBITED

A. By submitting a response to this solicitation, the Responder certifies that coal tar sealant products are not included in its response. “Coal tar sealant product” means a surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2. Coal tar sealants must not be used or sold for application on asphalt-paved surfaces. See Minn. Stat. § 116.201.

1.27 EQUAL PAY CERTIFICATION

A. If the Response to this solicitation could be in excess of $500,000, the Responder must obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) or claim an exemption prior to contract execution. A responder is exempt if it has not employed more than 40 full-time employees on any single working day in one state during the previous 12 months. Please contact MDHR with questions at: 651-539-1095 (metro), 1-800-657-3704 (toll free), 711 or 1-800-627-3529 (MN Relay) or at [email protected].

1.28 PUBLICITY

A. The Contractor shall make no representations of the State’s opinion or position as to the quality or effectiveness of the products and/or services that are the subject of this Contract without the prior written consent of the contracting authority. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, and similar public notices.

1.29 ORGANIZATIONAL CONFLICTS OF INTEREST A. The responder warrants that, to the best of its knowledge and belief, and except as

otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons:

● a Contractor is unable or potentially unable to render impartial assistance or advice to

the State; ● the Contractor’s objectivity in performing the work is or might be otherwise impaired; or ● the Contractor has an unfair competitive advantage.

mailto:[email protected]



The Contractor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration’s Materials Management Division that shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the Contract and did not disclose the conflict to the AMS, the State may terminate the Contract for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms “Contract,” “Contractor,” and “AMS” modified appropriately to preserve the State’s rights.


Supplementary Instructions to Responder 00 21 26 - 1

SECTION 00 21 26 SUPPLEMENTARY INSTRUCTIONS TO RESPONDER 1.01 BUILDING CONSTRUCTION CONTRACTOR REGISTRATION

A. Persons who perform public or private sector commercial or residential building construction or

improvement services as described in Minn. Stat. § 181.723, subd. 2 must register with the Department of Labor and Industry. Contractors must be registered prior to receiving a Contract Award. See Minn. Stat. § 181.723, subd. 4a.

1. Building construction contractors, including independent contractors, subcontractors,

and business entities providing public or private sector commercial or residential building construction or improvement services must be registered with the Department of Labor and Industry (DLI).

2. The registration requirement does not apply to workers and businesses that are already

licensed, registered, or certified with the Department of Labor and Industry (DLI), nor does it apply to employees.

3. General or Prime Contractors will be able to verify that subcontractors are registered on

the searchable Department of Labor and Industry Contractor Look-Up web site. 4. The law provides for penalties for failure to register, hiring unregistered contractors,

misclassifying employees, and coercing others to form a business entity.

B. For additional information and to register go to www.dli.mn.gov/register or contact the Department of Labor and Industry (DLI) at 651.284.5074 or email: [email protected].

1.02 SPECIAL INSTRUCTIONS, NON-MINNESOTA CONTRACTORS

A. Minn. Stat. § 290.9705 requires public entities to deduct and withhold eight (8) percent of payments made to the contractor if the value of the contract exceeds $50,000.

B. Exemptions from this requirement are allowed under specific circumstances that are listed in

the “Reason for Exemption” section of the Exemption from Surety Deposits for Non-Minnesota Contractors (SDE) form (attached).

C. One reason that Revenue allows for an exemption is that the Non-Minnesota Contractor will

be providing a Payment Bond and Performance Bond to the government contracting agency. Such bonds are required for this Contract. The contractor must file a separate application for exemption for each project.

D. In order to formalize this exemption you must, prior to being sent a Notice to Proceed,

complete Form SDE (attached), or available at http://www.revenue.state.mn.us/Forms_and_Instructions/sde.pdf , and submit to Minnesota Revenue. If approved, provide the contracting agency with a copy executed by Minnesota Revenue. If your request for exemption is based on the fact that you are providing a Payment Bond and a Performance Bond for this Contract, note in the bonding company information section what State Department the bonds are being sent to (Dept. of Admin., MN Dept. of Transportation, Dept. of Natural Resources, and Dept. of Military Affairs). In this case a copy of the bond to the SDE form is required.

E. Send these forms for execution to:

Minnesota Revenue Attn: Kathy Clark Mail Section 5410 St. Paul, MN 55146-5410

http://www.dli.mn.gov/register


http://www.revenue.state.mn.us/Forms_and_Instructions/sde.pdf



Special Instructions, Non-Minnesota Contractors, SDE Form and Instructions 00 21 26 - 3


Special Instructions, Non-Minnesota Contractors, SDE Form and Instructions 00 21 26 – 4

Project No. 63SP0009 Remodel 2nd

Floor Office Space at PERA

Response Form, Prime Contractor 00 41 73 - 1

SECTION 00 41 73 PRIME CONTRACTOR RESPONSE FORM VERSION: ORIGINAL

DEPARTMENT OF ADMINISTRATION PROJECT NUMBER: 63SP0009

DIVISION OF MATERIALS MANAGEMENT OPENING TIME: 2:30 PM

ROOM 112, STATE ADMINISTRATION BUILDING OPENING DATE: July 9, 2015 50 SHERBURNE AVENUE ST. PAUL MN 55155 Response Received from: Complete Name of Company 1.01 PRICING A. The undersigned, being familiar with the local conditions affecting the cost of the work and with the

contract Documents, including the Solicitation Advertisement, Solicitation Form, General and Supplementary Conditions, Drawings, and Addenda, and in accordance with the provisions thereof, hereby proposes to furnish all labor and materials and equipment necessary for:

Remodel 2

nd Floor Office Space at PERA

Retirement System Building, 60 Empire Drive, Suite 200, Saint Paul, MN 55103

BASE PRICE: $___________________________________________________________

Numeric U.S. Dollar Amount (Alterations/Erasures – See 00-2123, 1.06, B)

B. Alternates.

For each alternate listed below fill in a price in the Add column, or check the No Bid column. If more than one column is filled in for an alternate that alternate may be rejected. Alterations/Erasures – See Section 00-2123, Item 1.06, B.

Description of Alternates ADD

Amount No Bid

Add Alternate #1 : Provide access control to the existing

door at Room 203. Cut opening between Rooms 203 and

204.

$

C. List all addenda numbers that have been included in the price quoted above: ___, ___, ___, ___, ___, Responses that do not list addenda numbers that go to price will be rejected.

D. NOT USED.

E. Completion: Completion of the work shall be as set forth in Section 00 73 03 Supplementary

Conditions, 1.04 Time of Completion. F. In submitting this response it is understood that the right is reserved by the State of Minnesota to reject

any and all responses and it is agreed that this response may not be withdrawn for a period of thirty (30) days after date of filing same.

G. Resident Vendor: In accordance with Minn. Stat. § 16C.02, subd. 13, a “Resident Vendor” means a

person, firm, or corporation that:

(1) is authorized to conduct business in the state of Minnesota on the date a solicitation for a contract is first advertised or announced. It includes a foreign corporation duly authorized to engage in business in Minnesota;



(2) has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid or proposal for which any preference is sought;

(3) has a business address in the state; and (4) has affirmatively claimed that status in the bid or proposal submission. To receive recognition as a Minnesota Resident Vendor (“Resident Vendor”), your company must meet each element of the statutory definition above by the solicitation opening date and time. If you wish to affirmatively claim Resident Vendor status, you should do so by submitting this form with your bid or proposal. Resident Vendor status may be considered for purposes of resolving tied low bids or the application of a reciprocal preference. I hereby Certify that my company: 1. Is authorized to conduct business in the State of Minnesota on the date a solicitation for a contract

is first advertised or announced. (This includes a foreign corporation duly authorized to engage in business in Minnesota.)

☐ Yes ☐ No 2. Has paid unemployment taxes or income taxes in the State of Minnesota during the 12 calendar

months immediately preceding submission of the bid or proposal for which any preference is sought.

☐ Yes ☐ No 3. Has a business address in the State of Minnesota. ☐ Yes ☐ No 4. Has affirmatively claimed that status in this bid submission. ☐ Yes ☐ No 5. Agrees to submit documentation, if requested, as part of the bid or proposal process, to verify

compliance with the above statutory requirements. ☐ Yes ☐ No 6. By checking “Yes” to all five previous items and signing this solicitation form, my company is

certifying compliance with the requirements set forth herein and claiming Resident Vendor status in this bid submission.

H. ATTACHMENT CHECKLIST: Please place a check mark by the forms that are included with your

response.

___ ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION & CERTIFICATION OF COMPLIANCE FORM

___ ATTACHMENT B TAX IDENTIFICATION & REGISTRATION FORM ___ ATTACHMENT C AFFIDAVIT OF NONCOLLUSION FORM ATTACHMENT D PRIME CONTRACTOR QUALIFICATION FORM ATTACHMENT E VETERAN-OWNED PREFERENCE FORM ___ ATTACHMENT F AFFIRMATIVE ACTION CERTIFICATION FORM

___ ATTACHMENT G EQUAL PAY CERTIFICATION FORM



1.02 CERTIFICATION

A. BY SIGNING THIS RESPONSE THE CONTRACTOR CERTIFIES THAT THE INFORMATION PROVIDED IS ACCURATE.

OFFICIAL ADDRESS OFFICIAL FIRM NAME (Complete Firm Name)

By: Date:

(signature)

Print name:

Title:

MAIL TO ADDRESS (if different from above) Phone:

Fax:

E-mail address:

By: Date:

(signature)

Print name:

Title:

Phone:

Fax:

E-mail address:


Responsible Contractor Verification & Certification Form 00 41 73 - 4

ATTACHMENT A PRIME CONTRACTOR RESPONSE

RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE

PROJECT TITLE: _____________________________________________________________

Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION. … any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project…

Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria:

(1) The Contractor:

(i) is in compliance with workers' compensation and unemployment insurance requirements;

(ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees;

(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and

(iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative.

(2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity:

(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period;

(ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final;

(iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees;

(iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27;

(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or

(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;*



(3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;*

(4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;*

(5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;*

* Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria.

(6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and

(7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6).

Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION.

A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project.

If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors.

A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement.



Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE.

A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document.

A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted.

A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria.

CERTIFICATION

By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:

1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285,

2) I have included Attachment A-1 with my company’s solicitation response, and

3) if my company is awarded a contract, I will also submit Attachment A-2 as required.

Authorized Signature of Owner or Officer:

Printed Name:

Title:

Date:

Company Name:

NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met.



ATTACHMENT A-1

FIRST-TIER SUBCONTRACTORS LIST

SUBMIT WITH PRIME CONTRACTOR RESPONSE

PROJECT TITLE: _________________________________________________________________

Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. …

FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State)

Name of city where company home office is located



ATTACHMENT A-2

ADDITIONAL SUBCONTRACTORS LIST

PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT

PROJECT TITLE: _________________________________________________________________

This form must be submitted to the Project Manager or individual as identified in the solicitation document.

Minn. Stat. § 16C.285, Subd. 5. … If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. …

ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State)




ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State)


SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2

By signing this document I certify that I am an owner or officer of the company, and I swear under oath that:

All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285.

Authorized Signature of Owner or Officer:

Printed Name:

Title:

Date:

Company Name:


Prime Contractor Tax Identification & Registration Form 00 41 73 - 10

ATTACHMENT B

PRIME CONTRACTOR RESPONSE

TAX IDENTIFICATION AND REGISTRATION FORM

OFFICIAL NAME OF COMPANY: A. If a Corporation, what is the state of Incorporation? B. If a Partnership, state full names of Copartners:

C. If a Limited Liability Company, what is the state in which formed: D. If a sole proprietorship, are you an independent contractor? ____ Yes ____ No E. SOCIAL SECURITY OR FEDERAL TAX I.D. # MINNESOTA STATE TAX I.D.#

Pursuant to Minn. Stat. § 270C.65, Subd.3, Minnesota Contract Vendors are required to provide their Minnesota Tax Identification Number (or and Federal Employer Identification Number (or Social Security Number). Non-Minnesota Contract Vendors are required to provide their Federal Employer I.D. Number (or Social Security Number) only. This information may be used in the enforcement of Federal and State Tax Laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent State Tax Liabilities. These numbers will be available to Federal and State Tax Authorities and State personnel involved in the payment of State obligations.

F. BUILDING CONSTRUCTION CONTRACTOR REGISTRATION NO.: Or LICENSE NO.:________________ TYPE OF LICENSE: Pursuant to Minn. Stat § 181.723 as amended (Minn. Laws, chapter 295) requires Contractors and Subcontractors that provide commercial or residential building construction or improvement services in Minnesota to be registered with the Minnesota Department of Labor and Industry by unless they are already licensed, certified or registered by the Minnesota Department of Labor and Industry. Contractors are required to have a Building Construction Contractor Registration No. prior to receiving a Contract Award. For additional information and to register go to www.dli.mn.gov/register or contact DLI at 651.284.5074 or email: [email protected].

G. STATE OF MINNESOTA VENDOR ID#_______________

Contractors are required to have a Minnesota Vendor ID prior to receiving a Contract Award. For information on requesting or registering your Minnesota Vendor ID: http://www.mmb.state.mn.us/vendor-resources.

http://www.dli.mn.gov/register


http://www.mmb.state.mn.us/vendor-resources


Affidavit of Noncollusion, Prime Contractor 00 41 73 - 11

ATTACHMENT C PRIME CONTRACTOR RESPONSE

AFFIDAVIT OF NONCOLLUSION

I hereby swear (or affirm) under the penalty of perjury: 1. That I am the Responder (if the Responder is an individual), a partner in the company (if the

Responder is a partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if the Responder is a corporation);

2. That the attached response has been arrived at by the Responder independently and has been

submitted without collusion with and without any agreement, understanding or planned common course of action with any other vendor designed to limit fair or open competition;

3. That the contents of this response have not been communicated by the Responder or its employees or

agents to any person not an employee or agent of the Responder and will not be communicated to any such persons prior to the official opening of the responses; and

4. I certify that the statements in this affidavit are true and accurate.

Authorized Signature:

Date:

Firm Name:

Subscribed and sworn to me this day of

________________________________________________________________

Notary Public

My commission expires _____________________________________________


Prime Contractor Qualification Form 00 41 73 - 12

ATTACHMENT D PRIME CONTRACTOR RESPONSE

QUALIFICATION FORM VERSION: ORIGINAL

This Prime Contractor Response Qualification Form must be submitted with your solicitation response. A solicitation response received without this form, or with an outdated version, will be rejected. Prime contractors are responsible for checking all addenda for the final version of this form. Each responder must answer every question and provide all information requested on this form. Failure to meet this requirement may result in the rejection of the entire solicitation response as non-responsive. The State (or its representative) reserves the right to verify/clarify the required qualification information submitted on this form before an award is made. The solicitation response will be rejected if qualifications are not met. Qualification Requirements 1. Responder has been in business under current business name or current Federal Employer ID Number for a minimum of two (2) years from the solicitation response due date. (Responder must check YES or NO)

☐ YES

If company name changed within the last two years from soliciation response due date, but Federal Employer ID remains the same, then list Previous Company Name:______________________________

☐ NO

Responding “NO” acknowledges that the entire solicitation response will be rejected for not meeting the minimum two years condition stated in Qualification Requirement #1.

2. Responder has substantially completed, as a prime contractor not a subcontractor, the work for at least TWO contracts since July 1, 2012 for office remodeling involving access control system. Each of these contracts must have had a construction value of $30,000 or greater. Fill in the required information for your previous projects relating to Qualification Requirement #2:

*Property Owner: Property Owner Contact Person: Contact Person’s Telephone #: Dollar Amount of Contract: Substantial Completion Date: Contract substantially completed under (check one):

☐ Current Company Name ☐ Previous Company Name

*Property Owner: Property Owner Contact Person: Contact Person’s Telephone #: Dollar Amount of Contract: Substantial Completion Date: Contract substantially completed under (check one):

☐ Current Company Name ☐ Previous Company Name

*The term “Property Owner” means the person or entity identified as the owner of the property where the work referenced for Qualification Requirement #2 was performed.

Project No. 63SP0009 Remodel 2nd

Floor Office Space at PERA

Prime Contractor Qualification Form 00 41 73 - 13

The State (or its representative) reserves the right to contact the references listed above for Qualification Requirement #2.

The solicitation response will be rejected if the State, in its sole discretion, receives information that indicates the

responder is non-responsible. Information considered includes, but is not limited to: 1) project milestones (meeting

substantial and final completion dates); 2) communication with project owner and subcontractors; 3) on-site supervision;

4) coordination of subcontractors; 5) violation of Minnesota prevailing wage law; and 6) nonpayment of subcontractors.

3. Responder confirms the foreman or site superintendant that will be responsible for this solicitation project has had at least FIVE years of experience with office remodeling projects similar in scope and value to this project.

List below the required information for individuals who will be responsible for this project:

Name ___________________________________ Present Position ___________________________________

Years of Experience

Type of Work In What Capacity

4. Has your Company been found in default or had a contract terminated for cause within the

last 36 months?

It is required that your company has not had this occur. NOTE: If this question is answered as “yes”, your solicitation response will be rejected.

☐ NO

☐ YES

5. Has your Company received from OSHA any willful or repeated safety citations for which a

final order has been issued within the last 36 months?

It is required that your company has not had this occur. NOTE: If this question is answered as “yes”, your solicitation response will be rejected.

☐ NO

☐ YES

_________________________________________________________________________________________

Certification

By signing this form, I certify the information provided is complete and accurate.

Authorized Signature: Date:

Printed Name: Telephone:

Company Name: Title:


Veteran-Owned Preference Form 00 41 73 - 14

ATTACHMENT E

PRIME CONTRACTOR RESPONSE

STATE OF MINNESOTA VETERAN-OWNED PREFERENCE FORM

In accordance with Minn. Stat. §16C.16, subd. 6a, the Commissioner of Administration will award a 6% preference in the amount bid on state procurement to certified small businesses that are majority owned and operated by veterans. Veteran-Owned Preference Requirements - See Minn. Stat. § 16C.19(d):

1) Principal place of business is in Minnesota. and

2) The United States Department of Veterans Affairs verifies the business as being a veteran-owned small business under Public Law 109-461 and Code of Federal Regulations, title 38, part 74.

Statutory requirements and appropriate documentation must be met by the solicitation response due date and time to be awarded the veteran-owned preference. The preference applies only to the first $1,000,000 of a solicitation response. Claim the Preference By signing below I confirm that: My company is claiming the veteran-owned preference afforded by Minn. Stat. § 16C.16, subd. 6a. By making this claim, I verify that:

My company’s principal place of business is in Minnesota; and The United States Department of Veteran’s Affairs verifies my company as being

a veteran-owned small business. (Supported By Attached Documentation) Name of Company: _____________________________ Date: __________________________ Authorized Signature: _____________________________ Telephone: __________________________ Printed Name: _____________________________ Title: __________________________ Attach documentation, sign, and return this form with your solicitation response to claim the veteran-owned preference.


Affirmative Action Certificate, Prime Contractor 00 41 73 - 15

ATTACHMENT F PRIME CONTRACTOR RESPONSE

State Of Minnesota – Affirmative Action Certification If your response to this solicitation is or could be in excess of $100,000, complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification requirement, and to provide documentation of compliance if necessary. It is your sole responsibility to provide this information and—if required—to apply for Human Rights certification prior to the due date and time of the bid or proposal and to obtain Human Rights certification prior to the execution of the contract. The State of Minnesota is under no obligation to delay proceeding with a contract until a company receives Human Rights certification

BOX A – For companies which have employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months. All other companies proceed to BOX B. Your response will be rejected unless your business: has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) –or– has submitted an affirmative action plan to the MDHR, which the Department received prior to the date

and time the responses are due. Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any single working day during the previous 12 months: We have a current Certificate of Compliance issued by the MDHR. Proceed to BOX C. Include a copy of your

certificate with your response. We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the

MDHR for approval, which the Department received on __________________ (date). [If the date is the same as the response due date, indicate the time your plan was received: ________ (time). Proceed to BOX C.

We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge that our response will be rejected. Proceed to BOX C. Contact the Minnesota Department of Human Rights for assistance. (See below for contact information.)

Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative Action Plans approved by the Federal government, a county, or a municipality must still be received, reviewed, and approved by the Minnesota Department of Human Rights before a certificate can be issued.

BOX B – For those companies not described in BOX A Check below. We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous

12 months. Proceed to BOX C.

BOX C – For all companies By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder. You also certify that you are in compliance with federal affirmative action requirements that may apply to your company. (These requirements are generally triggered only by participating as a prime or subcontractor on federal projects or contracts. Contractors are alerted to these requirements by the federal government.)

Name of Company: Date

Authorized Signature: Telephone number:

Printed Name: Title:

For assistance with this form, contact: Minnesota Department of Human Rights, Compliance Services Section Mail: 625 Robert Street North, Saint Paul, MN 55155 TC Metro: (651) 296-5663 Toll Free: 800-657-3704 Email: Web:

[email protected] www.humanrights.state.mn.us

Email:

Fax: (651) 296-9042 TTY: (651) 296-1283

Affirmative Action Certification Page, Revised 8/11 – MDHR


Equal Pay Certification Form 00 41 73 - 16

ATTACHMENT G PRIME CONTRACTOR RESPONSE

EQUAL PAY CERTIFICATE FORM

State of Minnesota – Equal Pay Certificate

If your response could be in excess of $500,000, please complete and submit this form with your submission. It is your sole responsibility to provide the information requested and when necessary to obtain an Equal Pay Certificate (Equal Pay Certificate) from the Minnesota Department of Human Rights (MDHR) prior to contract execution. You must supply this document with your submission. Please contact MDHR with questions at: 651-539-1095 (metro), 1-800-657-3704 (toll free), 711 or 1-800-627-3529 (MN Relay) or at [email protected]. Option A – If you have employed more than 40 full-time employees on any single working day in one state during the previous 12 months, please check the applicable box below: Attached is our current MDHR Equal Pay Certificate.

Attached is MDHR’s confirmation of our Equal Pay Certificate application. Option B – If you have not employed more than 40 full-time employees on any single working day in one state during the previous 12 months, please check the box below. We are exempt. We agree that if we are selected we will submit to MDHR within five (5)

business days of final contract execution, the names of our employees during the previous 12 months, date of separation if applicable, and the state in which the persons were employed. Documentation should be sent to [email protected].

The State of Minnesota reserves the right to request additional information from you. If you are unable to check any of the preceding boxes, please contact MDHR to avoid a determination that a contract with your organization cannot be executed. Your signature certifies that you are authorized to make the representations, the information provided is accurate, the State of Minnesota can rely upon the information provided, and the State of Minnesota may take action to suspend or revoke any agreement with you for any false information provided. Authorized Signature Printed Name Title Organization MN/FED Tax ID# Date Issuing Entity Project # or Lease Address




Solicitation Bond Forms 00 43 14 - 1

SECTION 00 43 14 SOLICITATION BOND

STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION

SOLICITATION BOND TO ACCOMPANY CONSTRUCTION

AND MAINTENANCE RESPONSES

KNOW ALL MEN BY THESE PRESENTS, that we

as Principal, and

as Surety,

are held and firmly bound unto the State of Minnesota as Obligee, in the sum of 5% of the bid amount for

the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,

successors and assigns, jointly and severally, and firmly by these presents.

Dated this ____ day of _________ A. D. 20____.

The condition of this obligation is such that whereas the Principal has submitted the accompanying response

for the articles described in Project No. and/or Project Title

NOW, THEREFORE, if the aforesaid Principal shall be awarded a contract upon said response, and shall

within the required number of days after the notice of such award, enter into a contract with the State of

Minnesota, and give bond for the faithful performance of the contract as may be required, then this obligation

shall be null and void; otherwise the Principal and Surety will pay unto the Obligee the sum of 5% of the bid amount not as a penalty, but as liquidated damages sustained by the State of Minnesota as a result of such

failure.

Principal

Signature

Title

Surety

Attorney-in-fact



INDIVIDUAL AND CO-PARTNERSHIP ACKNOWLEDGMENT

STATE

COUNTY

On this day of , 20 before me personally appeared

to me

known to be the person(s) described in and who executed the foregoing bond, and acknowledged that

he/she/they executed the same as a free act and deed.

(Notarial Seal) (Notary Signature)

LIMITED LIABILITY COMPANY ACKNOWLEDGMENT FOR PRINCIPAL

STATE

COUNTY

On this day of , 20 before me appeared

and

, to me personally known, who being by me duly sworn, did say

that they are respectively and

of , a Limited Liability

Company; and that said instrument was executed on behalf of the Limited Liability Company by authority of

its Management Committee; and they acknowledged said instrument to be the free act and deed of the

Limited Liability Company.




CORPORATE ACKNOWLEDGMENT FOR PRINCIPAL

STATE

COUNTY

On this day of , 20 before me appeared

and

, to me personally known, who being by me duly sworn, did say

that they are respectively and

of , a Corporation; and that

said instrument was executed on behalf of the Corporation by authority of its Board of Directors; and they

acknowledged said instrument to be the free act and deed of the Corporation.


AFFIX HERE ACKNOWLEDGMENT OF CORPORATE SURETY

The form of this bond has been prescribed by the Commissioner of Administration and approved by the Attorney General of Minnesota.

Full Name of Surety Co.

Home Office Address (Street)

City, State and ZIP Code

Name of Attorney-in-fact

Name of Local Agency

Address of Local Agency (Street)

City, State and ZIP Code



Example: Contract Agreement Form (Single-Prime Contract) 00 52 13 - 1

SECTION 00 52 13 EXAMPLE CONSTRUCTION CONTRACT


Example: Contract Agreement Form (Single-Prime Contract) 00 52 13 - 2


Example: Supplement Agreement Form 00 54 14-1

SECTION 00 54 14 EXAMPLE SUPPLEMENTAL AGREEMENT CONSTRUCTION CONTRACTS


Example: Supplement Agreement Form 00 54 14-2


Example: Notice to Proceed 00 55 00

SECTION 00 55 00 EXAMPLE: NOTICE TO PROCEED



Example: Payment and Performance Bond Form 00 61 13 - 1

SECTION 00 61 13 EXAMPLE PAYMENT AND PERFORMANCE BOND







AIA A201, 2007 Edition General Conditions 00 72 00

SECTION 00 72 00 AIA DOCUMENT A201, 2007 EDITION, GENERAL CONDITIONS OF THE CONTRACT

FOR CONSTRUCTION AS AMENDED BY THE STATE.

1.01 The AIA A201 General Conditions of the Contract for Construction, 2007 Edition as modified by the State of Minnesota are hereby made part of these specifications, except as amended by the Supplementary Conditions or Special Conditions..


Document A201TM – 2007General Conditions of the Contract for Construction

Init.

/

AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The AmericanInstitute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorizedreproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted tothe maximum extent possible under the law. This document was produced by AIA software at 11:21:41 on 06/05/2015 under Order No.0294331404_1 whichexpires on 07/01/2015, and is not for resale.User Notes: (1112237433)

1

ADDITIONS AND DELETIONS:The author of this document hasadded information needed for itscompletion. The author may alsohave revised the text of the originalAIA standard form. An Additions andDeletions Report that notes addedinformation as well as revisions tothe standard form text is availablefrom the author and should bereviewed. A vertical line in the leftmargin of this document indicateswhere the author has addednecessary information and wherethe author has added to or deletedfrom the original AIA text.

This document has important legalconsequences. Consultation with anattorney is encouraged with respectto its completion or modification.

for the following PROJECT:(Name and location or address)Design 2nd Floor Office Space – Retirement Systems Building, St. Paul, MNRECS#63SP0009

THE OWNER:(Name, legal status and address)State of MinnesotaDepartment of AdministrationReal Estate and Construction Services

THE ARCHITECT:(Name, legal status and address)Duan Corporation7096 East Fish Lake Road, Minneapolis, MN 55311

TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 OWNER

3 CONTRACTOR

4 ARCHITECT

5 SUBCONTRACTORS

6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

7 CHANGES IN THE WORK

8 TIME

9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

15 CLAIMS AND DISPUTES

Init.

/


2

INDEX(Numbers and Topics in Bold are Section Headings)

Acceptance of Nonconforming Work9.6.6, 9.9.3, 12.3Acceptance of Work9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3Access to Work3.16, 6.2.1, 12.1Accident Prevention10Acts and Omissions3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5,10.2.8, 13.4.2, 13.7.1, 14.1, 15.2Addenda1.1.1, 3.11.1Additional Costs, Claims for3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4Additional Inspections and Testing9.4.2, 9.8.3, 12.2.1, 13.5Additional Insured11.1.4Additional Time, Claims for3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5Administration of the Contract3.1.3, 4.2, 9.4, 9.5Advertisement or Invitation to Bid1.1.1Aesthetic Effect4.2.13Allowances3.8, 7.3.8All-risk Insurance11.3.1, 11.3.1.1Applications for Payment4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.10,11.1.3Approvals2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10,4.2.7, 9.3.2, 13.5.1Arbitration8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4ARCHITECT4Architect, Definition of4.1.1Architect, Extent of Authority2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3.1, 7.1.2, 7.3.7, 7.4,9.2.1, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1,12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1Architect, Limitations of Authority andResponsibility2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2,4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4.1,9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2

Architect’s Additional Services and Expenses2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4Architect’s Administration of the Contract3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5Architect’s Approvals2.4.1, 3.1.3, 3.5.1, 3.10.2, 4.2.7Architect’s Authority to Reject Work3.5.1, 4.2.6, 12.1.2, 12.2.1Architect’s Copyright1.1.7, 1.5Architect’s Decisions3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14,6.3.1, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4.1, 9.5, 9.8.4,9.9.1, 13.5.2, 15.2, 15.3Architect’s Inspections3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5Architect’s Instructions3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2Architect’s Interpretations4.2.11, 4.2.12Architect’s Project Representative4.2.10Architect’s Relationship with Contractor1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1,3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18,4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5,9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5,15.2Architect’s Relationship with Subcontractors1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7Architect’s Representations9.4.2, 9.5.1, 9.10.1Architect’s Site Visits3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5Asbestos10.3.1Attorneys’ Fees3.18.1, 9.10.2, 10.3.3Award of Separate Contracts6.1.1, 6.1.2Award of Subcontracts and Other Contracts forPortions of the Work5.2Basic Definitions1.1Bidding Requirements1.1.1, 5.2.1, 11.4.1Binding Dispute Resolution9.7.1, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1,15.3.2, 15.4.1Boiler and Machinery Insurance11.3.2Bonds, Lien7.3.7.4, 9.10.2, 9.10.3Bonds, Performance, and Payment7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4

Init.

/


3

Building Permit3.7.1Building Security Features2.2.6Capitalization1.3Certificate of Substantial Completion9.8.3, 9.8.4, 9.8.5Certificates for Payment4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1,9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3Certificates of Inspection, Testing or Approval13.5.4Certificates of Insurance9.10.2, 11.1.3Change Orders1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8,5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10,8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9,12.1.2, 15.1.3Change Orders, Definition of7.2.1CHANGES IN THE WORK2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 7.4.1, 8.3.1,9.3.1.1, 11.3.9Claims, Definition of15.1.1CLAIMS AND DISPUTES3.2.4, 6.1.1, 6.3.1, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15,15.4Claims and Timely Assertion of Claims15.4.1Claims for Additional Cost3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4Claims for Additional Time3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5Concealed or Unknown Conditions, Claims for3.7.4Claims for Damages3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1,11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6Claims Subject to Arbitration15.3.1, 15.4.1Cleaning Up3.15, 6.3Commencement of the Work, Conditions Relating to2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3,6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1,15.1.4Commencement of the Work, Definition of8.1.2Communications Facilitating ContractAdministration3.9.1, 4.2.4Completion, Conditions Relating to3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1,9.10, 12.2, 13.7, 14.1.2

COMPLETION, PAYMENTS AND9Completion, Substantial4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3,12.2, 13.7Compliance with Laws1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4,10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6,14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3Concealed or Unknown Conditions3.7.4, 4.2.8, 8.3.1, 10.3Conditions of the Contract1.1.1, 6.1.1, 6.1.4Consent, Written3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1,9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2Consolidation or Joinder15.4.4CONSTRUCTION BY OWNER OR BYSEPARATE CONTRACTORS1.1.4, 6Construction Change Directive, Definition of7.3.1Construction Change Directives1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3,9.3.1.1Construction Schedules, Contractor’s3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2Contingent Assignment of Subcontracts5.4, 14.2.2.2Continuing Contract Performance15.1.3Contract, Definition of1.1.2CONTRACT, TERMINATION ORSUSPENSION OF THE5.4.1.1, 11.3.9, 14Contract Administration3.1.3, 4, 9.4, 9.5Contract Award and Execution, Conditions Relatingto3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1Contract Documents, The1.1.1Contract Documents, Copies Furnished and Use of1.5.2, 2.2.5, 5.3Contract Documents, Definition of1.1.1Contract Sum3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4,9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4,15.2.5Contract Sum, Definition of9.1

Init.

/


4

Contract Time3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4,8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7.1, 10.3.2, 12.1.1, 14.3.2,15.1.5.1, 15.2.5Contract Time, Definition of8.1.1CONTRACTOR3Contractor, Definition of3.1, 6.1.2Contractor’s Construction Schedules3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2Contractor’s Employees3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3,11.1.1, 11.3.7, 14.1, 14.2.1.1,Contractor’s Liability Insurance11.1Contractor’s Relationship with Separate Contractorsand Owner’s Forces3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4Contractor’s Relationship with Subcontractors1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2,11.3.1.2, 11.3.7, 11.3.8Contractor’s Relationship with the Architect1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1,3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2,6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6,10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1Contractor’s Representations3.2.1, 3.2.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2Contractor’s Responsibility for Those Performing theWork3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8Contractor’s Review of Contract Documents3.2Contractor’s Right to Stop the Work9.7Contractor’s Right to Terminate the Contract14.1, 15.1.6Contractor’s Submittals3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2,9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2Contractor’s Superintendent3.9, 10.2.6Contractor’s Supervision and ConstructionProcedures1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4,7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3Contractual Liability Insurance11.1.1.8, 11.2Coordination and Correlation1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1Copies Furnished of Drawings and Specifications1.5, 2.2.5, 3.11Copyrights1.5, 3.17

Correction of Work2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2Correlation and Intent of the Contract Documents1.2Cost, Definition of7.3.7Costs2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3,7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6,11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14Cutting and Patching3.14, 6.2.5Damage to Construction of Owner or SeparateContractors3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3,12.2.4Damage to the Work3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4Damages, Claims for3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1,11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6Damages for Delay6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2Date of Commencement of the Work, Definition of8.1.2Date of Substantial Completion, Definition of8.1.3Day, Definition of8.1.4Decisions of the Architect3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3,7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4, 9.5.1, 9.8.4, 9.9.1,13.5.2, 14.2.2, 14.2.4, 15.1, 15.2Decisions to Withhold Certification9.4.1, 9.5, 9.7, 14.1.1.3Defective or Nonconforming Work, Acceptance,Rejection and Correction of2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6,9.8.2, 9.9.3, 9.10.4, 12.2.1Defective Work, Definition of3.5.1Definitions1.1, 2.1.1, 3.1.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1,15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1Delays and Extensions of Time3.2., 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1,10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5Disputes6.3.1, 7.3.9, 15.1, 15.2Documents and Samples at the Site3.11Drawings, Definition of1.1.5Drawings and Specifications, Use and Ownership of3.11Effective Date of Insurance8.2.2, 11.1.2

Init.

/


5

Emergencies10.4, 14.1.1.2, 15.1.4Employees, Contractor’s3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2,10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1Equipment, Labor, Materials or1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13.1,3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3,9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2Execution and Progress of the Work1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5.1,3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2,9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3Extensions of Time3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1,10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5Failure of Payment9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2Faulty Work(See Defective or Nonconforming Work)Final Completion and Final Payment4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5,12.3.1, 14.2.4, 14.4.3Financial Arrangements, Owner’s2.2.1, 13.2.2, 14.1.1.4Fire and Extended Coverage Insurance11.3.1.1GENERAL PROVISIONS1Governing Law13.1Guarantees (See Warranty)Hazardous Materials10.2.4, 10.3Identification of Subcontractors and Suppliers5.2.1Indemnification3.17.1, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2,11.3.7Information and Services Required of the Owner2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5,9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1,13.5.2, 14.1.1.4, 14.1.4, 15.1.3Initial Decision15.2Initial Decision Maker, Definition of1.1.8Initial Decision Maker, Decisions14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5Initial Decision Maker, Extent of Authority14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4,15.2.5Injury or Damage to Person or Property10.2.8, 10.4.1Inspections3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3,9.9.2, 9.10.1, 12.2.1, 13.5

Instructions to Bidders1.1.1Instructions to the Contractor3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2Instruments of Service, Definition of1.1.7Insurance3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11Insurance, Boiler and Machinery11.3.2Insurance, Contractor’s Liability11.1Insurance, Effective Date of8.2.2, 11.1.2Insurance, Loss of Use11.3.3Insurance, Owner’s Liability11.2Insurance, Property10.2.5, 11.3Insurance, Stored Materials9.3.2, 11.4.1.4INSURANCE AND BONDS11Insurance Companies, Consent to Partial Occupancy9.9.1, 11.4.1.5Insurance Companies, Settlement with11.4.10Intent of the Contract Documents1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4Interest13.6Interpretation1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1Interpretations, Written4.2.11, 4.2.12, 15.1.4Judgment on Final Award15.4.2Labor and Materials, Equipment1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1,4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2Labor Disputes8.3.1Laws and Regulations1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9.1,10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2,13.6.1, 14, 15.2.8, 15.4Liens2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8Limitations, Statutes of12.2.5, 13.7, 15.4.1.1Limitations of Liability2.3.1, 3.2.2, 3.5.1, 3.12.10, 3.17.1, 3.18.1, 4.2.6,4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3,11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2

Init.

/


6

Limitations of Time2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7,5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2.1, 9.3.1,9.3.3, 9.4.1, 9.5, 9.6, 9.7.1, 9.8, 9.9, 9.10, 11.1.3,11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15Loss of Use Insurance11.3.3Material Suppliers1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5Materials, Hazardous10.2.4, 10.3Materials, Labor, Equipment and1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5.1, 3.8.2, 3.8.3, 3.12,3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2,9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1,14.2.1.2Means, Methods, Techniques, Sequences andProcedures of Construction3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2Mechanic’s Lien2.1.2, 15.2.8Mediation8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3,15.4.1Minor Changes in the Work1.1.1, 3.12.8, 4.2.8, 7.1, 7.4MISCELLANEOUS PROVISIONS13Modifications, Definition of1.1.1Modifications to the Contract1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7.1,10.3.2, 11.3.1Mutual Responsibility6.2Nonconforming Work, Acceptance of9.6.6, 9.9.3, 12.3Nonconforming Work, Rejection and Correction of2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3,9.10.4, 12.2.1Notice2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1,9.7.1, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2.1, 13.3,13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1Notice, Written2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7.1,9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14,15.2.8, 15.4.1Notice of Claims3.7.4, 4.5, 10.2.8, 15.1.2, 15.4Notice of Testing and Inspections13.5.1, 13.5.2Observations, Contractor’s3.2, 3.7.4Occupancy2.2.2, 9.6.6, 9.8, 11.3.1.5

Orders, Written1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1,13.5.2, 14.3.1OWNER2Owner, Definition of2.1.1Owner, Information and Services Required of the2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2,9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1,13.5.2, 14.1.1.4, 14.1.4, 15.1.3Owner’s Authority1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2,4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3.1,7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4,9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2,12.3.1, 13.2.2, 14.3, 14.4, 15.2.7Owner’s Financial Capability2.2.1, 13.2.2, 14.1.1.4Owner’s Liability Insurance11.2Owner’s Loss of Use Insurance11.3.3Owner’s Relationship with Subcontractors1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2Owner’s Right to Carry Out the Work2.4, 14.2.2Owner’s Right to Clean Up6.3Owner’s Right to Perform Construction and toAward Separate Contracts6.1Owner’s Right to Stop the Work2.3Owner’s Right to Suspend the Work14.3Owner’s Right to Terminate the Contract14.2Ownership and Use of Drawings, Specificationsand Other Instruments of Service1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17.1,4.2.12, 5.3.1Partial Occupancy or Use9.6.6, 9.9, 11.3.1.5Patching, Cutting and3.14, 6.2.5Patents3.17Payment, Applications for4.2.5, 7.3.9, 9.2.1, 9.3, 9.4, 9.5, 9.6.3, 9.7.1, 9.8.5,9.10.1, 14.2.3, 14.2.4, 14.4.3Payment, Certificates for4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4Payment, Failure of9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2

Init.

/


7

Payment, Final4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5,12.3.1, 13.7, 14.2.4, 14.4.3Payment Bond, Performance Bond and7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4Payments, Progress9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3PAYMENTS AND COMPLETION9Payments to Subcontractors5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8,14.2.1.2PCB10.3.1Performance Bond and Payment Bond7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4Permits, Fees, Notices and Compliance with Laws2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2PERSONS AND PROPERTY, PROTECTIONOF10Polychlorinated Biphenyl10.3.1Prevailing Wage Rate Requirements 9.11.3Product Data, Definition of3.12.2Product Data and Samples, Shop Drawings3.11, 3.12, 4.2.7Progress and Completion4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3Progress Payments9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3Project, Definition of the1.1.4Project Management Software1.7Project Representatives4.2.10Property Insurance10.2.5, 11.3PROTECTION OF PERSONS AND PROPERTY10Recycling and Waste Management3.4.5Regulations and Laws1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1,10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14,15.2.8, 15.4Rejection of Work3.5.1, 4.2.6, 12.2.1Releases and Waivers of Liens9.10.2Representations3.2.1, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1,9.8.2, 9.10.1

Representatives2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1,5.1.2, 13.2.1Responsibility for Those Performing the Work3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10Retainage9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3Review of Contract Documents and FieldConditions by Contractor3.2, 3.12.7, 6.1.3Review of Contractor’s Submittals by Owner andArchitect3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2Review of Shop Drawings, Product Data andSamples by Contractor3.12Rights and Remedies1.1.2, 2.3, 2.4, 3.5.1, 3.7.4, 3.15.2, 4.2.6, 4.5, 5.3, 5.4,6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2,12.2.4, 13.4, 14, 15.4Royalties, Patents and Copyrights3.17Rules and Notices for Arbitration15.4.1Safety of Persons and Property10.2, 10.4Safety Precautions and Programs3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4Samples, Definition of3.12.3Samples, Shop Drawings, Product Data and3.11, 3.12, 4.2.7Samples at the Site, Documents and3.11Schedule of Values9.2, 9.3.1Schedules, Construction3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2Separate Contracts and Contractors1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 11.4.7,12.1.2Shop Drawings, Definition of3.12.1Shop Drawings, Product Data and Samples3.11, 3.12, 4.2.7Site, Use of3.13, 6.1.1, 6.2.1Site Inspections3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5Site Visits, Architect’s3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5Special Inspections and Testing4.2.6, 12.2.1, 13.5Specifications, Definition of the1.1.6Specifications, The1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14

Init.

/


8

Statute of Limitations13.7, 15.4.1.1Stopping the Work2.3, 9.7, 10.3, 14.1Stored Materials6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4Subcontractor, Definition of5.1.1SUBCONTRACTORS5Subcontractors, Work by1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2,9.6.7Subcontractual Relations5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 11.4.7, 11.4.8,14.1, 14.2.1Submittals3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3,9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3Submittal Schedule3.10.2, 3.12.5, 4.2.7Subrogation, Waivers of6.1.1, 11.4.5, 11.3.7Substantial Completion4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3,12.2, 13.7Substantial Completion, Definition of9.8.1Substitution of Subcontractors5.2.3, 5.2.4Substitution of Architect4.1.3Substitutions of Materials3.4.2, 3.5.1, 7.3.8Sub-subcontractor, Definition of5.1.2Subsurface Conditions3.7.4Successors and Assigns13.2Superintendent3.9, 10.2.6Supervision and Construction Procedures1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4,7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3Surety5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7Surety, Consent of9.10.2, 9.10.3Surveys2.2.3Suspension by the Owner for Convenience14.3Suspension of the Work5.4.2, 14.3Suspension or Termination of the Contract5.4.1.1, 11.4.9, 14

Taxes3.6, 3.8.2.1, 7.3.7.4Termination by the Contractor14.1, 15.1.6Termination by the Owner for Cause5.4.1.1, 14.2, 15.1.6Termination by the Owner for Convenience14.4Termination of the Architect4.1.3Termination of the Contractor14.2.2TERMINATION OR SUSPENSION OF THECONTRACT14Tests and Inspections3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2,9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5TIME8Time, Delays and Extensions of3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1,10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5Time Limits2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2,4.4, 4.5, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1,9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3,11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14, 15.1.2,15.4Time Limits on Claims3.7.4, 10.2.8, 13.7, 15.1.2Title to Work9.3.2, 9.3.3Transmission of Data in Digital Form1.6UNCOVERING AND CORRECTION OFWORK12Uncovering of Work12.1Unforeseen Conditions, Concealed or Unknown3.7.4, 8.3.1, 10.3Unit Prices7.3.3.2, 7.3.4Use of Documents1.1.1, 1.5, 2.2.5, 3.12.6, 5.3Use of Site3.13, 6.1.1, 6.2.1Values, Schedule of9.2, 9.3.1Waiver of Claims by the Architect13.4.2Waiver of Claims by the Contractor9.10.5, 11.4.7, 13.4.2, 15.1.6Waiver of Claims by the Owner9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1,13.4.2, 14.2.4, 15.1.6

Init.

/


9

Waiver of Consequential Damages14.2.4, 15.1.6Waiver of Liens9.10.2, 9.10.4Waivers of Subrogation6.1.1, 11.4.5, 11.3.7Warranty3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1Weather Delays15.1.5.2Work, Definition of1.1.3

Written Consent1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5,9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2Written Interpretations4.2.11, 4.2.12Written Notice2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3,14, 15.4.1Written Orders1.1.1, 2.3, 3.9, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2,14.3.1, 15.1.2

Init.

/


10

ARTICLE 1 GENERAL PROVISIONS§ 1.1 BASIC DEFINITIONS§ 1.1.1 THE CONTRACT DOCUMENTSThe Contract Documents (hereinafter Contract, Contract Documents or Agreement) consist of the Agreementbetween the Owner and Contractor, the Payment and Performance Bond, the Corporate Acknowledgement orIndividual and Co partnership Acknowledgement, or Limited Liability Acknowledgement, the General,Supplementary and Special Conditions of the Contract, drawings, specifications, bidding documents, addenda, otherdocuments listed in the Agreement, and modifications issued and duly authorized after execution of the agreements.

.1.a. For purposes of this document, the term "Architect" shall mean "Architect or Engineer of Record.

.1.b. For purposes of this document the term "Change Order" shall be shall be defined as "SupplementalAgreement"..

§ 1.1.2 THE CONTRACTThe Contract Documents form the Contract for Construction. The Contract represents the entire integratedagreement between the parties hereto and supersedes prior negotiations, representations, agreements, either writtenor oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not beconstrued to create a contractual relationship of any kind (1) between the Contractor and the Architect, (2) betweenthe Owner and a Subcontractor or a sub-subcontractor, (3) between the Owner and the Architect or the Architect’sconsultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shallhowever, be entitled to performance and enforcement of obligations under the Contract intended to facilitateperformance of the Architect’s duties.

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

§ 1.1.4 THE PROJECTThe Project is the total construction of which the Work performed under the Contract Documents may be the wholeor a part and which may include construction by the Owner and by separate contractors.

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

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

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

§ 1.1.7.1. The Project Manual is a volume assembled for the Work which includes bidding requirements, sampleforms, General Conditions of the Contract and Specifications or other Instruments of Service.

§ 1.1.8 INITIAL DECISION MAKER – NOT USED

§ 1.1.9 BIDDING DOCUMENTSThe Bidding Documents are the advertisement for bids, the instructions to bidders, sample forms, the Contractor’sbid and addenda relating to any of these.

Init.

/


11

§1.1.10 ADDENDUM OR ADDENDAThe addendum or addenda are any written changes, bulletins, revisions or clarifications of the Contract Documentswhich have been duly issued by the Architect to prospective bidders prior to the time of the Owner receiving bidproposals.

§1.1.11 MODIFICATIONA modification is (1) a Change Order (Supplemental Agreement), (2) a Construction Change Directive, (3) or awritten order for a - change in the work issued by the Architect and approved by Owner, pursuant to Article 7.4 or awritten order for a change in the work or contract issued by the Owner..pursuant to Article 7.4.

§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution andcompletion of the Work by the Contractor. The Contract Documents are complementary, and what is required byone shall be as binding as if required by all; performance by the Contractor shall be required only to the extentconsistent with the Contract Documents and reasonably inferable from them as being necessary to produce theindicated results. In the event of an inconsistency between the drawings and specifications, or within either, wherethe inconsistency is not clarified by addendum, the better quality or greater quantity of work shall be required asdetermined by the Architect. Addenda and modifications of the Contract Documents, as defined in Section 1.1.10and 1.1.11 shall take precedence over the original Contract Documents.

§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shallnot control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to beperformed by any trade.

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

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

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

§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE§ 1.5.1 Any and all documents produced for the State become the property of the State and the State thereforemaintains any copyright on these documents. The Contract Documents, in whole or in part, and copies thereof, areto be used by the Contractor only in respect to this project and shall not be used by the Contractor for any otherpurpose.

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

§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORMIf the parties intend to transmit Instruments of Service or any other information or documentation in digital form,they shall establish necessary protocols governing such transmissions, unless otherwise already provided in theAgreement or the Contract Documents.

§ 1.7 USE OF STATE PROJECT MANAGEMENT SOFTWAREThe Owner may, at its sole option, direct the Architect, Construction Manager, Contractor (as applicable), and/orother Project participants to utilize the internet-based Project Management Software selected by the Owner. The

Init.

/


12

functionality of this software may include, but is not limited to, the processing of the Plan Reviews, PurchaseOrders, Change Orders, Payment Applications, Requests for Information, and Document and Schedule Managementrelated to the Project.

If the Owner chooses to utilize Project Management Software selected by the Owner, the Owner will provide orarrange for a login license for the applicable parties, at no cost to the applicable parties.

The Owner will provide or arrange for initial software training to the applicable parties. Except for licenses andinitial training, the Owner assumes no responsibility for any real or potential costs associated with the use of thesoftware by the applicable parties.

ARTICLE 2 OWNER§ 2.1 GENERAL§ 2.1.1 The terms "Owner", "State", or "State of Minnesota" wherever they appear in the Contract Documents is theState of Minnesota. The authorized representative for the State of Minnesota is the Commissioner of Administrationor his/her representative. Unless noted otherwise, the Commissioner’s representative for the discharge of thisContract is the Division of Real Estate and Construction Services.

§ 2.1.2 NOT USED

§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER§ 2.2.1 NOT USED

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

§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations forthe site of the Project, and a legal description of the site and any other information it has available. Within 20 daysof receipt, the Contractor is required to review any materials (such as surveys, soil tests, existing structures orconditions, locations of utilities, etc) furnished by the Owner, and notify the Owner of the discovery of anyinaccuracy. The furnishing of this material by the Owner shall not relieve the Contractor of its responsibilities underthe Contract Documents. The Owner will provide any information required by the Contract Documents reasonablynecessary to execute the work. The Owner makes no representations, warranties or guarantees as to the accuracy ofinformation provided to the contractor.

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

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

§ 2.2.6 Security features of building plans, specifications, and drawings of state owned facilities and non-state ownedfacilities leased by the state are classified as nonpublic data when maintained by the Department of Administrationand may be shared with anyone as needed to perform duties of the commissioner. However, consultants andcontractors shall not release these plans and specifications to anyone without the Owner’s approval.

§ 2.3 OWNER’S RIGHT TO STOP THE WORKIf the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents asrequired by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, theOwner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for suchorder has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the partof the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extentrequired by Section 6.1.3.

Init.

/


13

§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORKIf the Contractor fails or neglects to carry out the Work in accordance with the Contract Documents and fails withina ten-day period after receipt of written notice from the Owner to commence and continue correction of such failureor neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have,correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then orthereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses andcompensation for the Architect’s additional services made necessary by such default, neglect or failure. The amountscharged to the Contractor are subject to prior approval of the Architect. If payments then or thereafter due theContractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. Article 15,Claims and Disputes does not apply to a request by the Owner that the Architect approve the use of the remedyprovided in Section 2.4.

§2.5 OWNER’S USE OF THE PROJECTThe Owner shall have the right to take possession of and use completed or partially completed portions of the workeven though the time of completing the entire work, or such portion thereof, may not have expired, and such useshall not constitute acceptance thereof. The Owner’s possession will not interfere with the Contractor’s work. TheOwner may engage in move-in activities such as furniture installation but will not physically occupy the work untilsuch work is accepted by, and occupancy permit is issued by, the code jurisdiction of authority.

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

§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. The Contractor shall notperform any work unless and until the Contractor is in compliance with Article 3.11.1 -Documents and Samples atthe Site.

§ 3.1.3 The Contractor, when requested by the Architect, shall meet with the Architect and the Architect’srepresentative and consultants, at reasonable times and furnish all information requested. The Contractor shall allowthe Architect, the Architect’s representatives and consultants full access to the work to facilitate inspection of theWork. Neither the Owner nor Architect shall be liable to the Contractor for extra compensation or damages forinterference or delays on account of any meeting, and, the supply of information, tests or inspections. TheContractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documentseither by activities or duties of the Owner, the Architect, in the Architect’s administration of the Contract, or bytests, inspections or approvals required or performed by the Owner, the Architect, or persons or entities other thanthe Contractor. Claims may be made in accordance with Article 15 of the AIA A201.

§ 3.1.4 The contractor shall employ and/or subcontract with subcontractors that are qualified to successfullycomplete the Work indicated in the Contract Documents and within the contract time specified.

§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become generally familiar with local conditions under which the Work is to be performed and correlated personalobservations with requirements of the Contract Documents.

§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall make every effort to identifyinconsistencies that may exist. Before starting each portion of the Work, carefully study and compare the Drawings,Specifications, Addenda and other Contract Documents relative to that portion of the Work, as well as theinformation furnished by the Owner pursuant to Section 2.2.3, and shall observe and take field measurements of anyexisting conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. TheContractor shall promptly report in writing to the Architect any errors, inconsistencies or omissions discovered by ormade known to the Contractor as a request for information in such form as the Architect may require. The Architect

Init.

/


14

will respond pursuant to Sections 4.2.11 and 4.2.12. The Contractor shall not start any portion of the Work ifuncertain about the meaning or intent of the Contract Documents. It is recognized that the Contractor’s review ismade in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwisespecifically provided in the Contract Documents.

§ 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions theArchitect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2, 3.2.3and 3.2.5, the Contractor shall make claims as provided in Article 15. If the Contractor fails to perform theobligations of Sections 3.2.2 and 3.2.3, the Contractor shall pay such costs and damages to the Owner as would havebeen avoided if the Contractor had performed such obligations.

§ 3.2.4 The Contractor shall be responsible for accurately staking new work on the site, and shall run the axis lineslocating the work, establish correct datum points, and check each line and point on the site to ensure accuracy. Allsuch lines and points shall be carefully preserved throughout construction. The Contractor shall (1) lay out all workfrom dimensions given on drawings, (2) take measurements and verify dimensions of existing or old work, if any,that affect the work or to which its work is to be fitted, (3) be responsible for the correctness of all measurementsand shall verify all grades, lines, levels, elevations and dimensions shown on the drawings, and (4) report any errorsor inconsistencies to the Architect prior to commencing work in the form as the Architect may require.

§ 3.2.5 No Change to the Contract Sum will be allowed on account of minor differences between actual fieldconditions and the Contract Documents. A minor difference is defined as a requirement in the contract documentsthat is not materially different from the actual field condition(s).

§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. TheContractor shall be solely responsible for, and have control over, construction means, methods, techniques,sequences and procedures and for coordinating all portions of the Work under the Contract, unless the ContractDocuments give other specific instructions concerning these matters. If the Contract Documents give specificinstructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shallevaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsitesafety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means,methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to theOwner and Architect and shall not proceed with that portion of the Work without further written instructions fromthe Architect. The Owner or the Architect, shall be responsible for damages arising from the Owner, or theArchitect, respectively, for knowingly directing the Contractor to perform unsafe work. Nothing in this Section 3.3.1shall be construed as limiting any claims the Owner or Contractor may have against the Architect for any such lossor damages.

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

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

§ 3.4 LABOR AND MATERIALS§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and otherfacilities and services necessary for proper execution and completion of the Work, whether temporary or permanentand whether or not incorporated or to be incorporated in the Work. Should the Contract Documents specificallyrequire work to be performed beyond normal working hours, weekends or holidays, or should the completion timerequire work to be performed at said times, or, should the Contractor elect to perform work at said times, with thepermission of the Owner, any additional costs resulting from working at said times are the Contractor’s soleresponsibility.

§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the

Init.

/


15

Architect and in accordance with a Change Order or Construction Change Directive. By making a request for asubstitution, the Contractor:

.1 Represents that the Contractor has personally investigated the proposed substitute item, material and/orprocess, and determined that it is equal or superior in all respects to that specified..2 Represents that the Contractor will provide the same or better warranty for the substitute item than thatprovided with the specified item..3 Certifies that the cost data presented at the time of the request is complete and includes all related costsunder this contract, including the Architect’s review and redesign costs, and waives all other claims foradditional costs related to the substitution that are not presented with the request..4 Will coordinate the installation of the accepted substitute, implementing minor changes that arerequired for the work to be completed, in accordance with Article 7.4The above representations, certifications and agreement to coordinate do not obligate the Owner to consentto the substitution. Owner consent to the substitution does not constitute approval of the cost datasubmitted, unless the cost data is specifically approved in writing.

§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and otherpersons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properlyskilled in tasks assigned to them. The Contractor shall, upon the Owner’s request, remove any subcontractor that isunqualified, intemperate, disorderly, is performing work in an unsafe manner, or has failed to comply with the termsof any permit applicable to the Work or requirements applicable to the work".

§ 3.4.4 HAZARDOUS MATERIALS BANNED§ 3.4.4.1 PRODUCTS CONTAINING CERTAIN TYPES OF POLYBROMINATED DIPHENYL ETHER BANNED.Contractor certifies that it has read and will comply with Laws of Minnesota, 2007, Chapter 57 (to be codified atMinn. Stat. §§ 325E.385-325E.388) as provided below.

§ 3.4.4.2 ASBESTOS CONTAINING MATERIALS BANNEDNo asbestos containing materials shall be brought on the project site, installed on the project, or used in theinstallation of Work for the project. See Section 10.3 – Hazardous Materials.

§ 3.4.4.3 RESTRICTIONS ON PURCHASING AND USE OF UNDILUTED COAL TAR SEALERSUndiluted coal tar sealers will not be used on the project. Undiluted coal tar sealers are defined as any sealantcontaining coal tar that has not been mixed with asphalt and is intended for use on asphalt surfaces, includingdriveways and parking lots. See the 2009 MN Statutes §116.201.

§ 3.4.5 RECYCLING AND WASTE MANAGEMENTFor all State bonded construction, renovation, or demolition projects costing $5,000,000.00 or greater that arelocated within 40 miles of a construction and demolition waste recycling facility, the Contractor and anysubcontractors must divert from deposit in a landfill and must recycle at least 50 percent of the nonhazardousconstruction and demolition waste, measured by tonnage or volume, produced by the project or demonstratethat the waste was delivered to construction and demolition waste recycling facilities that maintain a 50percent annual recycling rate. The Contractor shall submit a Waste Management and Recycling ProgramPlan for these projects to the Architect who shall review and submit it to the State for final approval. If theproject plans and specifications for the project carry a more stringent requirement for recycling as it appliesto quantity recycled, project cost, project funding source, or haul distance to a recycling facility, the morestringent requirement will apply.

§ 3.5 WARRANTYThe Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract willbe of specified or superior quality and new unless the Contract Documents require or permit otherwise. TheContractor further warrants that the Work will conform to the requirements of the Contract Documents and will befree from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’swarranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by theContractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. Ifrequired by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materialsand equipment. The warranty is not limited by the provisions of Section 12.2. Guarantees required by the Contract

Init.

/


16

Documents shall not exclude or otherwise limit the Owner’s possible remedies at law and shall not be construed as awaiver by the Owner of any other remedy.

§ 3.6 TAXESThe Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that arelegally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduledto go into effect.

§ 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the buildingpermit as well as for all other permits, fees, licenses, and inspections by government agencies necessary for properexecution and completion of the Work that are customarily secured after execution of the Contract and legallyrequired at the time bids are received. All such fees, including sewer and water access charges, MinnesotaPollution Control Agency general storm water permits, and Federal Water Permits, , shall be paid by theContractor and failure to account for all such charges shall not increase the Contract Sum unless allowanceswere identified in the construction documents. Total fees charged for a Building Permit may not exceed theamount prescribed in the latest edition of the Minnesota State Building Code. Procurement of permits does notrelieve the Contractor of the requirement for complying with the Contract Documents that exceed the requirement ofgoverning laws, ordinances and statutes.

§3.7.1.1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES) PERMIT. Pollution of natural resources of air, land and water by operations under this Contract shall beprevented, controlled, and abated in accordance with the rules, regulations, and standards adopted and established bythe Minnesota Pollution Control Agency (M.P.C.A.) and the following:

.1 By signing the Contract and completing the NPDES permit application, the Contractor is a co-permiteewith the Owner to ensure compliance with the terms and conditions of the General Storm Water Permit forConstruction Activity (MN R100001) and is responsible for those portions of the permit where the operatoris referenced. This Permit establishes conditions for discharging storm water to waters of the State fromconstruction activities disturbing one acre or more of total land area. A copy of the "General PermitAuthorization to Discharge Storm Water Associated with a Construction Activity Under the NationalPollutant Discharge Elimination System (NPDES)/State Disposal System Permit Program" is available at:

http://www.pca.state.mn.us/index.php/water/water-types-and-programs/stormwater/construction-stormwater/construction-stormwater.html

.2 The Contractor shall apply and pay for the NPDES Permit on this Project. Payment for the applicationshall be incidental to the Contract and no direct compensation will be made. The Owner will provide theContractor information on how to complete the Owner’s portion.

.3 No work which disturbs soil and/or work in waters of the state will be allowed on this Project until theNPDES Permit is in effect and the department has received the required documentation.

.4 The Contractor shall be solely responsible for complying with the requirements listed in Part II.B andPart IV of the General Permit.

.5 The Contractor shall be responsible for providing all inspections, documentation, record keeping,maintenance, remedial actions, and repairs required by the permit. All inspections, maintenance, andrecords required in the General Permit Paragraph IV.E, shall be the sole responsibility of the Contractor.The word "Permitee" in these referenced paragraphs shall mean "Contractor". Standard forms for loggingall required inspection and maintenance activities shall be used by the Contractor. All inspection andmaintenance forms used on this Project shall be turned over to the Architect/Engineer every two weeks forretention in accordance with the permit.

.6 The Contractor shall have all logs, documentation, inspection reports on site for theArchitect/Engineer’s review and shall post the permit and MPCA’s letter of coverage on site. Meetingswith the MPCA, Watershed District, WMO, or any local authority shall be attended by both the

Init.

/


17

Architect/Engineer and the Contractor or their representatives; the Contractor and/or the Architect/Engineershall contact the Owner prior to a scheduled meeting. No work required by said entities, and for which theContractor would request additional compensation from the Owner, shall be started without approval fromthe Architect/Engineer. No work required by said entities and for which the changes will impact the designor requirements of the Contract documents shall be started without approval from the Engineer.

.7 The Contractor shall immediately notify the Engineer of any site visits by Local Permitting Authoritiesperformed in accordance with Part V.H.

.8 Emergency Best Management Practices must be enacted to help minimize turbidity of surface watersand relieve runoff from extreme weather events. It is required to notify the MPCA Regional contact personwithin 2 days of an uncontrolled storm water release.

.9 The names and phone numbers of the MPCA Regional Contact personnel can be found at:http://www.pca.state.mn.us/water/stormwater/stormwater-c.html. The Contractor is reminded, duringemergency situations involving uncontrolled storm water releases that the State Duty Office must becontacted immediately at 1-800-422-0798 or 1-651-649-5451.

.10 The Contractor shall review and abide by the instructions contained in the permit package. Thecontractor shall hold the Owner harmless for any fines or sanctions caused by the Contractor’s actions orinactions regarding compliance with the permit or erosion control provisions of the Contract Documents.

§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,rules and regulations, and lawful orders of public authorities applicable to performance of the Work. Except in thoseMunicipalities that provide State-approved electrical inspection, all installation of electrical work shall be inspectedby the Minnesota Board of Electricity. The Contractor shall procure and pay for all required electrical inspections.

§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes,rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibilityfor such Work and shall bear the costs attributable to correction. This requirement does not relieve the Contractor ofthe responsibility for complying with the Contract Documents if the Contract Documents requirements exceed thoseof governing codes and regulations.

§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurfaceor otherwise concealed physical conditions that differ materially from those affirmatively indicated in the ContractDocuments or (2) unknown physical conditions of an unusual nature, that could not have been anticipated and whichdiffer materially from those ordinarily found to exist and generally recognized as inherent in construction activitiesof the character provided for in the Contract Documents, or (3) are not observable prior to bidding or inferable bythe type of construction, the Contractor shall promptly provide notice to the Owner and the Architect beforeconditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architectwill promptly investigate such conditions and, if the Architect determines that they differ materially and cause anincrease or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, willrecommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines thatthe conditions at the site are not materially different from those affirmatively indicated in the Contract Documentsand that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner andContractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation,that party may proceed as provided in Article 15.

§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burialmarkers, or archaeological sites not indicated in the Contract Documents, the Contractor shall immediately suspendany operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, theOwner shall promptly take any action necessary to obtain governmental authorization required to resume theoperations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner butshall continue with all other operations that do not affect those remains or features. Requests for adjustments in theContract Sum and Contract Time arising from the existence of such remains or features may be made as provided inArticle 15. Additionally, Contractors shall comply with Minnesota Statute 307.08

Init.

/


18

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

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

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

other expenses contemplated for stated allowance amounts shall be included in the Contract Sum butnot in the allowances; and

.3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordinglyby Change Order. The amount of the Change Order shall reflect (1) the difference between actualcosts and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section3.8.2.2.

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

§ 3.9 SUPERINTENDENT§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendanceat the Project site during performance of the Work. The superintendent shall be assigned continuously to the workfrom Notice to Proceed until Final Completion. The superintendent shall represent the Contractor, andcommunications given to the superintendent shall be as binding as if given to the Contractor. The Contractor shallcommunicate with the Owner through the Architect.

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

§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has madereasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent,which shall not unreasonably be withheld or delayed, and, the Contractor shall not change the Superintendent unlessthe Superintendent ceases to be employed by the Contractor."

§ 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES§ 3.10.1 The Contractor, no later than ten (10) days following the date on which the Contractor received writtennotice to proceed from the Owner, shall prepare and submit for the Owner’s and Architect’s information aContractor’s construction schedule for the Work. The schedule shall not exceed time limits current under theContract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents, and shall provide forexpeditious and practicable execution of the Work.

§ 3.10.2 The Contractor shall prepare and keep current, for the Architect’s approval, a schedule of submittals whichis coordinated with the Contractor’s construction schedule and allows the Architect reasonable time to reviewsubmittals.

§ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted tothe Owner and Architect.

§3.10.4 The schedule submitted by the Contractor shall have a completion date that corresponds to the completiondate set forth in the Contract Documents. The Contractor is responsible for meeting this schedule without anyadjustment to the Contract Sum, and by executing the Contract, the Contractor confirms that it is capable of properlycompleting the work within the completion date set forth in the Contract Documents."

Init.

/


19

§3.10.5 The Contractor must provide a minimum of five working days prior notice for specified testing orinspections that are to be performed by the Owner or Separate Contractors. Such testing and inspections shall beincluded in the Contractor’s schedule."

§3.10.6 If the Contractor, Architect, or Owner determines at any time, and for any reason, that the work has fallenfifteen (15) calendar days or ten (10) working days, behind the scheduled contract time, milestone date, phased workcompletion date, critical path date, or work indicated on the latest submitted schedule, the Contractor shall submit aRecovery Schedule within seven (7) calendar days of the Architect’s written request or date the Contractor hasknowledge that the work has fallen behind. The Contractor shall also submit a Recovery Plan indicating actions tobe taken to recover the schedule. The Recovery Plan shall document the following:

.1 Description of work that is behind schedule

.2 Reason for work being behind schedule. If the Contractor claims that the delay is due to an event orcondition that was outside the Contractor’s ability to control, the Contractor shall include alldocumentation sufficient to justify the delay in accordance with Articles 8.3.1, 8.3.2, and 8.3.3.

.3 Identification of all resources necessary to recover the schedule including all materials, labor,equipment and changes in operations.

.4 Detail of all additional resources necessary to recover the schedule including, but not limited toadditional quantities of manpower, overtime, increased number of hours per day, increased number ofwork shifts per day, increased number of work days per week.

.5 Duration of time necessary to Recover the Schedule.

The Contractor shall implement the Recovery Plan and recover the schedule at no cost to the owner and noadditional contract time unless the claim is substantiated and approved in accordance with Section 8.3 and Article15.

A breach and default of contract shall result from the Contractor’s failure to provide the Architect and Owner withthe Recovery Plan and Recovery Schedule and/or failure to implement the Recovery Plan.

Should the Contractor claim and provide sufficient documentation to substantiate that the delay was beyond thecontrol of the Contractor the Owner shall reserve the right, in its best interest, to determine if the Recovery Plan andSchedule shall be implemented.

§ 3.11 DOCUMENTS AND SAMPLES AT THE SITEThe Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, ChangeOrders and other Modifications, in good order and marked currently to indicate field changes and selections madeduring construction, and one copy of approved Shop Drawings, Product Data, Samples and similar requiredsubmittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to theOwner upon completion of the Work as a record of the Work as constructed.

§ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES§ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by theContractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion ofthe Work.

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

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

§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purposeis to demonstrate the way by which the Contractor proposes to conform to the information given and the designconcept expressed in the Contract Documents for those portions of the Work for which the Contract Documentsrequire submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals

Init.

/


20

upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.Submittals that are not required by the Contract Documents may be returned by the Architect without action.

§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to theArchitect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents inaccordance with the submittal schedule approved by the Architect or, in the absence of an approved submittalschedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities ofthe Owner or of separate contractors.

§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents tothe Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verifiedmaterials, field measurements and field construction criteria related thereto, or will do so and (3) checked andcoordinated the information contained within such submittals with the requirements of the Work and of the ContractDocuments including future and related work contained in the Contract Documents.

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

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

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

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

§ 3.13 USE OF SITEThe Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes,rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonablyencumber the site with materials or equipment.

Init.

/


21

§ 3.14 CUTTING AND PATCHING§ 3.14.1 The Contractor is responsible for all cutting, patching, drilling, fastening, anchoring of all new and existingconstruction required to complete the work. All areas shall be restored to the condition existing prior to the cutting,patching, drilling, fastening, anchoring, and fitting unless otherwise required by the Contract Documents.

§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completedconstruction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or byexcavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractorexcept with written consent of the Owner and of such separate contractor; such consent shall not be unreasonablywithheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’sconsent to cutting or otherwise altering the Work.

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

§ 3.15.2 The cost of cleanup performed by the Owner as a result of the Contractor’s failure to provide the cleanuprequired by the Contract Documents, shall be deducted from the Contract Sum.

§ 3.16 ACCESS TO WORKThe Contractor shall provide the Owner, Architect, their consultants, other persons authorized by the Owner andAuthorities having jurisdiction over the work, access at all times to the project site and to Work in progress, inpreparation or completed. The Contractor shall provide safe and proper facilities for such access and for testing,inspections and separate Contracts and shall secure and protect samples and testing equipment.

§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTSThe Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringementof copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, butshall not be responsible for such defense or loss when a particular design, process or product of a particularmanufacturer or manufacturers is required by the Contract Documents, or where the copyright violations arecontained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if theContractor has reason to believe that the required design, process or product is an infringement of a copyright or apatent, the Contractor shall be responsible for such loss unless such information is promptly furnished to theArchitect.

§ 3.18 INDEMNIFICATION§ 3.18.1 To the fullest extent permitted by law, and in accordance with Article 11, the Contractor shall indemnifyand hold harmless the Owner, Owners’ Representatives, Architect, Architect’s consultants, and agents andemployees of any of them from and against claims, damages, losses and expenses, including but not limited toattorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss orexpense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, aSubcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable,regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity whichwould otherwise exist as to a party or person described in this Section 3.18.

§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of theContractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may beliable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type ofdamages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’compensation acts, disability benefit acts or other employee benefit acts.

§3.18.3 The obligations of the Contractor under this Section 3.18 shall not negate, abridge or reduce the liability ofthe Architect, the Architect’s consultants and agents and employees of any of them.

Init.

/


22

ARTICLE 4 ARCHITECT§ 4.1 GENERAL§ 4.1.1 The term or word "Architect" or "Architect of Record" used in the Contract Documents shall mean Architect,Engineer, Designer, or other person or entity designated by the Owner to perform the Architect’s role required bythe Contract Documents.

§ 4.1.2 The Owner shall have sole authority to modify or extend the authority of the Architect.

§ 4.1.3 If the Architect of record for the Contract is no longer employed by the Owner or is otherwise unable tofulfill the required obligations of the Contract, the Owner shall designate a responsible party to fulfill the obligationsunder the Contract. The Owner reserves the right to designate itself.

§ 4.2 ADMINISTRATION OF THE CONTRACT§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will bean Owner’s representative during construction until the date the final payment is due. The Architect will haveauthority to act on behalf of the Owner only to the extent provided in the Contract Documents.

§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreedwith the Owner, to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general if the Work observed is being performed in a manner indicating that the Work, whenfully completed, will be in accordance with the Contract Documents. However, the Architect will not be required tomake exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect willnot have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences orprocedures, or for the safety precautions and programs in connection with the Work, since these are solely theContractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.

§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress andquality of the portion of the Work completed, and report to the Owner (1) known deviations from the ContractDocuments and from the most recent construction schedule submitted by the Contractor, and (2) defects anddeficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform theWork in accordance with the requirements of the Contract Documents. The Architect will not have control over orcharge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents oremployees, or any other persons or entities performing portions of the Work. However, where the Architect observesdeficiencies in the Work, or where the Architect observes the Contractor or Subcontractor failing to execute thework in accordance with the Contract Documents, the Architect shall, within 24 hours, notify the Contractor andOwner, in writing, of all such deficiencies. The Architect shall promptly notify the Owner when, in the Architect’sopinion, the work should be stopped. Authority to stop the work shall rest with the Owner.

§ 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been speciallyauthorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect aboutmatters arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall bethrough the Architect. Communications by and with Subcontractors and material suppliers shall be through theContractor. Communications by and with separate contractors shall be through the Owner. The Owner maycommunicate directly with the Contractor and Subcontractors and advise the Architect of those communications.

§ 4.2.5 Based on project site observations and evaluations of the Contractor’s application for payment, the Architectshall determine the amount owing to the Contractor and shall sign and issue the application and certificate forpayment. Such signature and issuance shall constitute a representation by the Architect to the Owner that, in theArchitect’s professional opinion, the work has progressed to the point indicated, the quality of the work is inaccordance with the Contract Documents, and the Contractor is entitled to payment in the amount certified. TheArchitect is responsible for deducting from the Contractor’s Application for Payment the value of work notcompleted, not conforming to Contract Documents, or otherwise in dispute.

§ 4.2.6 The Architect has authority and responsibility to reject Work that does not conform to the ContractDocuments. All such rejected work shall be removed from the site as soon as possible at no expense to the Owner.Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or

Init.

/


23

testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installedor completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise ornot to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performingportions of the Work.

§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittalssuch as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformancewith information given and the design concept expressed in the Contract Documents. The Architect’s action will betaken in accordance with the submittal schedule approved by the Architect or, in the absence of an approvedsubmittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professionaljudgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining theaccuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions forinstallation or performance of equipment or systems, all of which remain the responsibility of the Contractor asrequired by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve theContractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect’s review shall not constitute approvalof safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods,techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of anassembly of which the item is a component.

§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minorchanges in the Work as provided in Section 7.4. The Architect will investigate and make determinations andrecommendations regarding concealed and unknown conditions as provided in Section 3.7.4.

§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the dateof final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; will receive, review andforward to the Owner, for the Owner’s review and records, written warranties, operations and maintenance manuals,and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issuea final Certificate for Payment pursuant to Section 9.10. The Architect will determine substantial completion date(s)in accordance with Article 9.8.

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

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

§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferablefrom, the Contract Documents and will be in writing or in the form of drawings. If a question, dispute or controversybetween the Owner and Contractor arises out of a provision of the Contract Documents, or the Architect’sinterpretation thereof, for which a decision process is not otherwise prescribed in the Contract Documents and whichthe parties are unable to resolve through Change Order or otherwise, the Owner and the Contractor may exerciselegal remedies available to them.

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

§ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. TheArchitect’s response to such requests will be made in writing within any time limits agreed upon or otherwise withreasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings andSpecifications in response to the requests for information.

Init.

/


24

ARTICLE 5 SUBCONTRACTORS§ 5.1 DEFINITIONS§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion ofthe Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular innumber and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor"does not include a separate contractor or subcontractors of a separate contractor.

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

§ 5.1.3 The Contractor shall include the following in any Contract with a Subcontractor: The attention of theSubcontractor is directed to Minnesota Statutes, Chapter 574, which requires the prime Contractor to file apayment and performance bond for the project with the State of Minnesota. Section 574.31 of that Chapter states thelimit of time within which a subcontractor must take certain actions specified therein to preserve a claim fornonpayment against the payment bond surety. Subcontractors of any tier may not bring claims against the Owner.

§ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK§ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, no later thanten (10) days following the date on which the Contractor received written notice to proceed from the Owner, shallfurnish in writing to the Owner through the Architect the names of persons or entities (including those who are tofurnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. TheArchitect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect hasreasonable objection to any such proposed person or entity or (2) that the Architect requires additional time forreview. Failure of the Owner or Architect to reply within the 14 day period shall constitute notice of no reasonableobjection.

§ 5.2.1.1 Verification of Compliance with Minn. Stat. § 16C.285, Subd. 3, Responsible Contractor Requirement:Signed verification was required in the solicitation response for all of the Contractor’s first-tier subcontractors thatthe Contractor intended to retain for work on the project. If the prime contractor or any subcontractor retainsadditional subcontractors on the project, the prime contractor or subcontractor shall obtain verifications ofcompliance from each additional subcontractor with which it has a direct contractual relationship and shall submit asupplemental verification list naming the added subcontractors which verifies the subcontractors have certified theyare in compliance within 14 days of retaining the additional subcontractors. Upon request from the Owner, theprime contractor shall submit copies of the signed certifications of compliance from all subcontractors of any tier.

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

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

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

§ 5.3 SUBCONTRACTUAL RELATIONSBy appropriate agreement, written where legally required for validity, the Contractor shall require eachSubcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor byterms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities,

Init.

/


25

including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents,assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of theOwner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractorso that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specificallyprovided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against theContractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, theContractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. TheContractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of theSubcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that maybe at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions ofsuch documents available to their respective proposed Sub-subcontractors.

§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, providedthat

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

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

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

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

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

ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS§ 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’sown forces, and to award separate contracts in connection with other portions of the Project or other construction oroperations on the site under Conditions of the Contract identical or substantially similar to these including thoseportions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost isinvolved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.

§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operationson the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executeseach separate Owner-Contractor Agreement.

§ 6.1.3 Where multiple Contracts are in effect or the Owner is utilizing its own forces for a portion of the Work, theContractor’s schedule and progress shall govern the work of other Contractors. The Contractor shall providereasonable advance notice to other Contractors and the Owner regarding the schedule and Work to be performedby them. The other Contractors and/or the Owner’s forces shall, after such notification, diligently proceed with theirportion of the Work, including furnishing, installation, laying out or incorporation of Work, so as not to delay orimpede the Contractor or its job progress.

§ 6.1.4 NOT USED

Init.

/


26

§ 6.2 MUTUAL RESPONSIBILITY§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction andstorage of their materials and equipment and performance of their activities, and shall connect and coordinate theContractor’s construction and operations with theirs as required by the Contract Documents.

§ 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations bythe Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptlyreport to the Architect apparent discrepancies or defects in such other construction that would render it unsuitablefor such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment thatthe Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive theContractor’s Work, except as to defects not then reasonably discoverable.

§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separatecontractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shallbe responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperlytimed activities, damage to the Work or defective construction.

§ 6.2.4 The Contractor shall promptly correct damage the Contractor wrongfully causes to completed or partiallycompleted construction or to property of the Owner or separate contractors as provided in Section 10.2.5.

§ 6.2.5 The Owner’s own forces and each separate contractor shall have the same responsibilities for cutting andpatching for their work as are described for the Contractor in Section 3.14.

§ 6.2.6 Claims and disputes between the Contractor and separate Contractors are subject to the provisions of Article15. The Contractors will indemnify, defend and hold harmless the State, and any of its consultants or agents againstany claims arising from any such dispute. Notwithstanding the foregoing, any legal representation to defend theOwner is subject to the approval of the Minnesota Attorney General, and, at the Owner’s discretion, the Contractorwill pay the attorney fees in lieu of defending the Owner.

§ 6.3 OWNER’S RIGHT TO CLEAN UPIf a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under theirrespective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, theOwner may clean up and the Architect will assess the cost to those responsible.

ARTICLE 7 CHANGES IN THE WORK In Article 7, and throughout the contract documents, whenever the term"Change Order" is used, it shall be substituted with the term "Supplemental Agreement". This includes all companiondocuments utilized for construction contract administration.

§ 7.1 GENERAL§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating theContract, by Change Order, Construction Change Directive, written approval from the Owner, or written order fora change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.

§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a ConstructionChange Directive requires agreement by the Owner and Architect and may or may not be agreed to by theContractor; a written order for a change in the Work may be issued by the Architect alone along with writtenapproval from the Owner; a written approval from the Owner may be issued by the Owner alone.

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

§ 7.2 CHANGE ORDERS§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor andArchitect stating their agreement upon all of the following:

.1 The change in the Work;

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

Init.

/


27

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

§ 7.2.2 Methods and requirements used in determining adjustments to the Contract Sum shall include those listed inSections 7.3.3 and 7.3.7. The Contractor shall provide costs broken down into material and labor units with theirrespective unit costs in accordance with Section 7.3.7. The Owner shall not be obligated to make payment forchange orders or be liable for late payments and interest on changes until the Contractor provides cost breakdownsas required by Section 7.3.7 and until a Change Order is executed.

§ 7.2.3 The Contract sum and Contract time shall be adjusted only by Change Order and the Contractor shall providedocumentation of changes in accordance with Section 7.3.3 and 7.3.7. The Contractor shall itemize the costs of thechanges and provide material and labor cost breakdowns to support the costs being claimed as a result of the change.The signature of the Contractor on the Change Order binds the Contractor to all terms thereof and shows theContractor’s complete agreement therewith.

§ 7.3 CONSTRUCTION CHANGE DIRECTIVES§ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner andArchitect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or ContractTime, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changesin the Work within the general scope of the Contract consisting of additions, deletions or other revisions, theContract Sum and Contract Time being adjusted accordingly. The Contract Sum and Time can only be changed by asubsequent Change Order.

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

§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the change shall beincorporated into the contract by Change Order and the adjustment shall be based on one of the following methods:

.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating dataprovided in accordance with Section 7.3.7, to permit evaluation;

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

.3 NOT USED

.4 As provided in Section 7.3.7.

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

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

§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith,including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shallbe effective immediately and a subsequent Change Order shall be executed. A Construction Change Directivesigned only by Owner and Architect constitutes a Change in the Contract which the Owner recognizes that theContractor may be entitled to an adjustment to the Contract Sum if substantiated by the Contractor.

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

Init.

/


28

.1 labor costs are limited to the published and specified prevailing hourly basic rate or the negotiatedhourly rate whichever is higher plus applicable multipliers for overtime, weekends and holidays, pluslabor burden including: social security, old age and unemployment insurance, fringe benefits requiredby agreement or custom, and workers’ compensation insurance; and actual net payroll taxes. Furthermarkups to labor are not permitted. The Contractor may express labor burden as a fixed percentage ofthe base hourly rate, however, such percentage is subject to review and adjustment by the Owner atany time. Labor hours may include only workers and working foreman directly involved inperforming the Change Order work. Supervision above working foreman (such as general foreman,superintendent, project manager, etc.) is considered to be included in overhead and profit, and notallowed as a line item.

.2 net actual Contractor or Subcontractor costs of itemized materials including applicable sales taxes,supplies and equipment, including cost of transportation, whether incorporated or consumed;

.3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractoror others; equipment with an original purchase cost of more than $500 and when rented from theContractor or Subcontractor(s), the maximum rate is limited to 75% of the rental rate as set forth inRental Rate Blue Book for Construction Equipment by Dataquest (latest edition) and shall includefuel and maintenance;

.4 costs of bond premiums, permit fees and taxes incurred by the contractor as a result of additionalwork that is approved by the owner. Payment for bond premium increases and additional permit feeswill be made in accordance with Article 7.2 and upon presentation by the Contractor of proof ofpayment, or invoice related to the additional Work;

.5 It is the policy of the Owner to pay direct costs for supplemental work plus a reasonable amount forOverhead and Profit (OH&P). In addition to the costs provided for above, Contractors andsubcontractors may add up to 10% of the direct cost of their own labor, 5% of the direct cost ofmaterials and equipment, and 5% of the cost of subcontractors or sub-subcontractors. The totalmark-up for OH&P for all tiers involved in a change to the contract sum shall not exceed 20 percent.OH&P may be less than the foregoing amounts depending on the nature, extent or complexity of thechange when it is not commensurate with the responsibility and administration involved with thechange, such as the Contractor merely processing a substantial Change Order to a Subcontractor orthe Contractor processing a Change Order for additional equipment required by the change. Costs formaterial distribution, tool and equipment fees, project difficulty, warranties, supervisory equipment,Change Order pricing and preparation or similar fees are defined as overhead cost.

.6 The documentation for adjustment to the Contract sum shall include the following for each Contractorand subcontractor of any tier and must be in form provided by or agreed to by the Owner.a. Name of Projectb. Name of the Contractor or Subcontractorsc. Name of material and equipment suppliersd. A detailed description of the work performed and reference to proposal requests and Change

Order Directivese. Breakdown of labor and material costs are mandatory, including subcontractor and material

supplier costs.1. Labor costs shall include number of hours and hourly rate based on certified payroll.2. Material costs shown separately and individually by unit and unit price. The Ownerreserves the right to require the submittal of supplier’s invoices.3. Calculation of the amount of OH&P added; see 7.3.7.5 for OH&P calculationrequirements.4. Signature of Contractor and involved subcontractors

.7 The Owner may, at the Owner’s sole discretion, waive the requirement for the cost breakdown ofchanges that total $1,500.00 or less and utilize a lump sum.

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

§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts notin dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change

Init.

/


29

Order indicating the parties’ agreement with part or all of such costs. For any portion of such cost that remains indispute, the Architect will make an interim determination for purposes of monthly certification for payment for thosecosts. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to theright of either party to disagree and assert a claim in accordance with Article 15..

§ 7.3.10 NOT USED

§ 7.4 MINOR CHANGES IN THE WORKThe Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum orextension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will beeffected by written order signed by the Architect and shall be binding on the Owner and Contractor. A subsequentChange Order shall be executed. When a minor change involves an additional cost and adjustment in the ContractSum or extension of the Contract Time, the change shall require an approval by the Owner. Any change involvingproduct substitutions shall be approved by the Architect and Owner.

§ 7.5 OWNER’S RIGHT TO PERFORM CHANGES IN THE WORKNotwithstanding Article 6, if the Owner does not agree to the Contractor’s proposal to perform changes in the work,or if the Owner does not deem it advisable or expedient to proceed on the basis of the proposal, the Owner reservesthe right to perform changes in the work with its own forces, or to contract with others to perform the changes.

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

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

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

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

§ 8.1.5 Where the performance of any act is directed, the time shall be computed so as to exclude the first andinclude the last day of the prescribed period. When the last day of the period falls on Saturday, Sunday or a legalholiday, that day shall be omitted from the computation.

§ 8.2 PROGRESS AND COMPLETION§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreementthe Contractor confirms that the Contract Time is a reasonable period for performing the Work.

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

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

§ 8.3 DELAYS AND EXTENSIONS OF TIME§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect ofthe Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or bychanges ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or othercauses beyond the Contractor’s control; or by delay authorized by the Owner for causes that the Architectdetermines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time asthe Architect may determine.

Init.

/


30

§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. Extensions ofTime will be considered and allowed only under the following conditions and/or circumstances, and only if theconstruction schedule is adversely affected by the change:

.1 Only those conditions enumerated in Section 8.3.1 above, over which the Contractor has no control will beconsidered. The burden of proof for the change in time shall rest with the Contractor, includingdocumentation that the condition was beyond its control and documentation as to the extent of the proposedextension.

.2 A delay in the process of the work actually occurs as a result of one of the valid causes for extension.

.3 An unusual delay in delivery occurs solely due to delay in common transport beyond the Contractor’scontrol. An extension of time will not be granted for delays in delivery where the delivery was not properlyscheduled or an order not placed at an appropriate time to allow delivery or an order is improperly placed.

.4 With respect to a Change Order proposal for an extension of time due to climatic conditions, the partiesshall consider the location of the site and the type of work affected, and shall recognize only unusuallysevere variations from average conditions. The Contractor must submit, with the request, local U.S.Weather Bureau climatological reports for the period involved plus a report indicating the averageprecipitation, temperature, wind velocity, etc. for the past 10 years from the nearest reporting station. Foulweather in itself will not be a valid reason for time extension. Requests for time extensions due to weatherextremes will only be considered for the overall project based on analysis of the project schedule and willnot be considered unless a substantial variation from seasonal average weather conditions occurred for asignificant period of time and operations were necessarily affected. If the Contractor encounters unusuallyfavorable weather subsequent to the issuance of a time extension for weather, the Contractor shallcooperate with the Owner and Architect to determine a time reduction based on the same analysis of theconstruction schedule.

.5 For changes in the work which significantly affect the time and process of the entire work and where theanticipated delay period can be reasonably calculated at the time the change is requests, any time extensionshall be made no later than when the change is authorized by the Owner, and such extension shall be forsuch reasonable time as the Architect may determine upon analysis of the project schedule. Where theperiod of delay cannot be reasonably determined at the time the Owner authorizes the change, the Contractshall estimate the time period of delay, and propose a potential mechanism for the Architect to identify areasonable extension to Contract time. For changes in the work which do not affect the process of the entirework, the Owner reserves the right to grant a time extension only for area, phase, activity or element in theWork affected by the change. Any approved time extension shall be implemented by a Change Order.

.6 A request for an extension of time made as a result of a labor dispute shall not exceed the actual period ofthe dispute, plus reasonable mobilization time. Any related, approved extension may be less than the periodof dispute, depending on the actual effect the dispute had on the progress of the Work. Lockouts overwhich the Contractor has control will not be a valid reason for time extension.

.7 No time extension will be granted for delays resulting from improper scheduling or failure to have shopdrawings or samples submitted to the Architect in ample time for a review.

.8 Delays caused by Subcontractors will be considered for time extension only under the same conditionsdefined above.

.9 Except for changes in the work, all requests for extension of time shall be made in writing to the Architectnot more than 21 calendar days after the beginning of the first occurrence of the delay. No request will beconsidered beyond the stated time without the consent of the Owner.

.10 No time extensions will be granted for delays from failure by the Contractor to schedule inspections, testingand the work of separate contracts.

.11 Contractor "float" time built into the project schedule may be proportionately deducted from any approvedextension.

§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions ofthe Contract Documents.

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

Init.

/


31

§ 9.2 SCHEDULE OF VALUESWhere the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to theArchitect, no later than ten (10) days following the date on which the Contractor received written notice to proceedfrom the Owner, a schedule of values allocating the entire Contract Sum to the various portions of the Work andprepared in such form and supported by such data to substantiate its accuracy as the Architect may require. Thisschedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications forPayment.

§ 9.3 APPLICATIONS FOR PAYMENT§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to theArchitect an itemized Application for Payment prepared in accordance with the schedule of values, if required underSection 9.2., for completed portions of the Work. Such application shall be notarized, and on an Owner prescribedform, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect mayrequire, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage ifprovided for in the Contract Documents.

§ 9.3.1.1 NOT USED

§ 9.3.1.2 NOT USED

§ 9.3.1.3 The Contractor shall comply with Section 9.11 and, shall submit payroll records as prescribed therein andin the Contract Documents and the Contractor shall bind all labor and material subcontractors to this requirement forthis project and submit subcontractor payroll records as prescribed in Section 9.11 and the Contract Documents.

§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials andequipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advanceby the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a locationagreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned uponcompliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to suchmaterials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicableinsurance, storage and transportation to the site for such materials and equipment stored off the site. Should theOwner approve and pay for materials stored in an off site location, the Contractor shall insure the off site materialsin such a manner as to protect the interest of the Owner against loss of stored materials and against loss of title toand ownership of stored materials.

§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Ownerno later than the time of payment. The Contractor further warrants that upon submittal of an Application forPayment all Work for which Certificates for Payment have been previously issued and payments received from theOwner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims,security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons orentities making a claim by reason of having provided labor, materials and equipment relating to the Work.

§ 9.4 CERTIFYING APPLICATIONS FOR PAYMENT§ 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, certify theApplication for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in whole or inpart as provided in Section 9.5.1.

§ 9.4.2 Certifying the Application for Payment will constitute a representation by the Architect to the Owner, basedon the Architect’s evaluation of the Work and the data comprising the Application for Payment, that the Work hasprogressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the ContractDocuments upon Substantial Completion, to results of subsequent tests and inspections, to correction of minordeviations from the Contract Documents prior to completion and to specific qualifications expressed by theArchitect. Certifying an Application for Payment will further constitute a representation that the Contractor isentitled to payment in the amount certified. The Architect is responsible for deducting from the Contractor’s

Init.

/


32

Application for Payment, the value of the work not completed, not conforming to the Contract Documents, orotherwise in dispute. To the extend this Section 9.4.2 is inconsistent with Article 15, as amended herein, Article 15shall govern and be incorporated by reference into this Section 9.4.2.

§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION§ 9.5.1 The Architect may withhold an Application for Payment in whole or in part, to the extent reasonablynecessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architectwill notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on arevised amount, the Architect will promptly certify an Application for Payment for the amount for which theArchitect is able to make such representations to the Owner. The Architect may also withhold certification on anApplication for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of anApplication for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protectthe Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissionsdescribed in Section 3.3.2, because of

.1 defective Work not remedied;

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

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

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

.5 damage to the Owner or a separate contractor;

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

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

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

§ 9.5.3 NOT USED

§ 9.6 PROGRESS PAYMENTS§ 9.6.1 After the Architect has certified an Application for Payment, the Owner shall make payment in accordancewith Minnesota Statutes 16A.124 which states that the Owner shall make payment within 30 days of receipt by theOwner of non-contested invoices. For this contract, an invoice is defined as an Application for Payment.

§ 9.6.1.1 Unless otherwise provided in the Contract Documents, the Owner shall follow the requirements of MNStatute 15.72 Subd.1 and Subd. 2, and MN Statute 15.73 Subd. 1, Subd. 2, Subd. 3, and Subd. 4. The Owner, inmaking partial payments, will retain five (5) percent of the duly approved value of the work performed under theContract Documents as the date of the Contractor’s Application for Payment until final completion and acceptanceof all work covered by the Contract. The Contractor has the option, with Owner’s consent, of depositing bonds orsecurities in a Bank or Trust Company to be held for the benefit of the Owner, in lieu of cash retainage. In thatevent, the Owner shall reduce the retainage in an amount equal to the value of the bonds or securities. Interest on thebonds or securities shall be payable to the Contractor as it accrues. Bonds and securities deposited or acquired in lieuof retainage, shall be of a character approved by the State Treasurer, including but not limited to:

.1 Bills, certificates, note or bonds of the United States.

.2 Other obligations of the United States or its agencies.

.3 Obligations of any corporation wholly owned by the Federal Government.

.4 Indebtedness of the Federal national Mortgage Association.

§ 9.6.1.2 If the Owner incurs additional cost as a result of the exercise of the option described above, the Owner mayrecover the costs from the Contractor by reducing the final payment due under the Contract. As work on theContract progresses, the Owner shall, upon demand, inform the Contractor of all accrued costs.

Init.

/


33

§ 9.6.1.3 If, after the work provided for in the Contract shall have been fifty (50) percent completed, and performedto the satisfaction of the architect, the retainage may be reduced to zero (0) percent on payments for the remainingwork. The reduction amount is determined at the sole discretion of the Owner, and requires certification by thearchitect that the Contractor is properly and continuously expediting the work. The Owner reserves the right toretain all or part of retainage after substantial completion until all Contractual obligations are completed inaccordance with Section 9.8.5. Partial use or occupancy of the project by the Owner is not sufficient cause forreduction of retainage.

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

§ 9.6.2.1 In accordance with Minnesota Statutes 16A.1245, the Contractor shall, within 10 days of receipt of aprogress payment, pay all Subcontractors and suppliers having an interest in the Contract their prorated share of thepayment for all undisputed services provided by the Subcontractors and suppliers.

§ 9.6.2.2 The Contractor may withhold as retainage from Subcontractor(s) progress payments an amount not toexceed five (5) percent of the payment. The Contractor shall reduce or eliminate the retainage for a Subcontractor inthe same manner that the Owner reduces or eliminates the retainage for the Contractor.

§ 9.6.2.3 The enforcement of these conditions shall be the responsibility of the Subcontractor(s) working through theContractor and the Contractor’s surety. To facilitate the resolution of any problems relating to these provisions, theContractor shall furnish the Subcontractor(s) with the name, address and telephone number of the Contractor’ssurety within ten (10) days of the date on which the Contractor signs a Contract with the Owner.

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

§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properlypaid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor forsubcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have theright to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architectshall have an obligation to pay or to see to the payment of money to a Subcontractor.

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

§ 9.6.6 Payment by the Owner, based on an Application for Payment, or a Certificate for Payment, a progresspayment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Worknot in accordance with the Contract Documents.

§ 9.6.7 NOT USED

§ 9.7 NOT USED

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

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

Init.

/


34

§ 9.8.3 After validating the Contractor’s claim of Substantial Completion and accompanying list, the Architect willperform site inspections to verify work completion and prepare a supplemental comprehensive list of items to becompleted prior to Substantial Completion and prior to final payments.

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

§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their writtenacceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, ifany, the Owner may, at the sole discretion of the Owner, make payment of retainage applying to such Work ordesignated portion thereof. Such payment shall be adjusted for Work that is incomplete, defective, not in accordancewith the requirements of the Contract Documents, or unsettled claims, and shall include the cost of any third party tofinish incomplete, incorrect or defective work, and compensation and expenses of the Architect and Owner for workrelated thereto.

§ 9.9 PARTIAL OCCUPANCY OR USE§ 9.9.1 The Owner may with the consent of Contractor’s surety, if required, and consent of authorities havingjurisdiction of the work, if required, use or occupy any portion of the work whether or not substantially complete inaccord with Sections 9.8 and 2.5.1.

§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspectthe area to be occupied or portion of the Work to be used in order to determine and record the condition of theWork. The Architect shall prepare an itemized list of incomplete and defective work based on the Architect’sobservations and inspections of the work.

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

§ 9.10 FINAL COMPLETION AND FINAL PAYMENT§ 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptanceand upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when theArchitect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architectwill promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, informationand belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed inaccordance with terms and conditions of the Contract Documents and that the entire balance found to be due theContractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment willconstitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s beingentitled to final payment have been fulfilled. If the work is determined not to be complete, the Owner may deductfrom the Contractor’s final payment the cost of all subsequent inspections by the Architect.

§ 9.10.1.1 In the event incomplete, incorrect or defective work is not completed to the Owner’s satisfaction within30 calendar days of the architect’s notice to the Contractor that such Work is incomplete, incorrect or defective, theOwner must notify the Contractor per Section 2.4.1, and may complete and correct work and deduct from the finalpayment any and all costs incurred by the Owner in completing such Work.

§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submitsto the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connectedwith the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amountswithheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by theContract Documents to remain in force after final payment is currently in effect and will not be canceled or allowedto expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that theContractor knows of no substantial reason that the insurance will not be renewable to cover the period required by

Init.

/


35

the Contract Documents, (4) consent of surety, if any, to final payment (5), if required by the Owner, other dataestablishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrancesarising out of the Contract, to the extent and in such form as may be designated by the Owner, and (6) Contractorhas submitted all closeout items required by the Contract Documents, including, but not limited to, Operations &Maintenance Manuals, As-Built drawings, and properly executed Department of Revenue IC-134 forms. If aSubcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bondsatisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after paymentsare made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay indischarging such lien, including all costs and reasonable attorneys’ fees.

§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no faultof the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, theOwner shall, upon application by the Contractor and certification by the Architect, and without terminating theContract, make payment of the balance due for that portion of the Work fully completed and accepted. If theremaining balance for Work not fully completed or corrected is less than retainage stipulated in the ContractDocuments, and if bonds have been furnished, the written consent of surety to payment of the balance due for thatportion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior tocertification of such payment. Such payment shall be made under terms and conditions governing final payment,except that it shall not constitute a waiver of claims.

§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;.2 failure of the Work to comply with the requirements of the Contract Documents; or.3 terms of special warranties required by the Contract Documents..4 faulty or defective Work appearing after Substantial Completion

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

§ 9.10.6 LIQUIDATED DAMAGES§ 9.10.6.1 If provided for in the Special Conditions, the Owner will be entitled to deduct liquidated damages fromthe final payment for failure of the Contractor to complete the projects by the date specified in the Contract. TheContractor will be assessed a charge in the amount specified, not as a penalty, but as liquidated damages tocompensate the Owner for all additional costs incurred.

§ 9.10.6.2 The reasonableness of the charge is presumed, and the amount assessed is in addition to any otherremedies available to the Owner. The charge will be assessed for each period the entire project is not suitable for useand/or occupancy measured from the first day after the date of Substantial Completion. No liquidated damages willaccrue as a result of periods of authorized delays or suspension wherein each day of an authorized delay orsuspension will excuse a day of the liquidated damage charge. The charge will be as scheduled in the SupplementaryConditions or Special Conditions.

§ 9.10.6.3 The Owner may waive any portion of or all of the accrued liquidated damages provided (a) the project isready for use and/or occupancy by the Owner or (b) available for the next stage construction as determined by theOwner.

§ 9.10.6.4 The Owner does not waive any rights under the Contract by the collection of liquidated damages.Liquidated damages will continue to be charged to the Contractor or the Contractor’s Surety in the event ofContractor default and Owner continuing or supplementing the work with its own forces or separate Contractors.

§ 9.11 PREVAILING WAGES§ 9.11.1 Pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Minnesota Rules 5200.1000 to5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor andIndustry. Specifically, all contractors and subcontractors must pay all laborers and mechanics the establishedprevailing wages for work performed under the contract. Failure to comply with the aforementioned may result incivil or criminal penalties.

Init.

/


36

The prevailing hours of labor may not be more than eight hours per day or more than 40 hour per week. Pursuant toMinnesota Statutes 177.43, "No laborer or mechanic employed directly on the project work site by the Contractor orany subcontractor, agent or other person doing or contracting to do all or a part of the work of the project, ispermitted or required to work more hours than the prevailing hours of labor, unless paid for all hours in excess of theprevailing hours at a rate of at least 1-1/2 times the hourly basic rate of pay; and a laborer or mechanic may not bepaid a lesser rate of wages than the prevailing wage rate in the same or most similar trade or occupation in the area."Nothing in this Contract shall be construed as prohibiting the Contractor or subcontractor paying a higher negotiatedwage rate. This requirement does not apply to wage rates and hours of employment of laborers or mechanics whoprocess or manufacture materials or products or to the delivery of materials or products by or for commercialestablishments which have a fixed place of business from which they regularly supply processed or manufacturedmaterials or products. This section applies to laborers or mechanics who deliver mineral aggregate such as sand,gravel, or stone which is incorporated into the work under the contract by depositing the material substantially inplace, directly or through spreaders, from the transporting vehicle.

§ 9.11.2 To facilitate compliance pursuant to the State Statutes, wage determinations (prevailing wages) wereprepared for different trades for each county from which labor for said project would be secured and are includedand published in the Contract Specifications. Any wage determinations that are found not to be so promulgated donot relieve the Contractor from any responsibility for paying the prevailing wage rate of the trade in question. Alllaborers, workers, and mechanics must be paid the prevailing wage rate for work performed on the project. If thewage certification or published prevailing wages do not include a rate for a classification of work used on theproject, the contractor shall contact the Department of Labor and Industry to obtain a rate.

§ 9.11.3 In accordance with Minnesota Statutes 177.30 Sub. 4 and 177.43 Sub. 3, the Contractor and Subcontractorshall furnish to the Contracting Authority and the Project Owner all payrolls, of all workers on the project, viaE-mail as attachments, a State of Minnesota Prevailing Wage Payroll Report as a Microsoft Excel file and Statementof Compliance Form as a PDF file to the appropriate E-mail address:

.1 for Dept. of Administration, Materials Management Division and Real Estate & Construction Servicesprojects use [email protected] , and [email protected]

.2 FOR OTHER STATE AGENCIES use the E-mail address provided in their solicitation.

The State of Minnesota Prevailing Wage Payroll Report and Statement of Compliance Form are available on theMMD website at www.mmd.admin.state.mn.us/mn02000.htm . Submit the completed and signed State ofMinnesota Prevailing Wage Payroll Report as a Microsoft Excel file and the Statement of Compliance Form as aPDF file, no other payroll forms will be accepted to meet this requirement.

These completed forms must be furnished not more than 14 days after the end of each pay period.The Subject Line on the Contractor’s and Subcontractor’s E-mail must show the Firm name, the ContractNumber or Purchase Order Number and the pay period ending date.Failure to maintain records as required by Minnesota Statutes 2008, Section 177.30 may be fined up to$1,000 for each failure to maintain said records. This penalty is in addition to any penalties providedunder section 177.32, Subd. 1. Contractors and subcontractors must keep these records for three yearsafter the contracting authority has made final payment on the public works project.

For questions regarding the Prevailing Wage Laws, contact the Department of Labor and Industry at 651.284.5091.

§ 9.11.4 The Contractor is solely responsible for payment of all required Prevailing Wage rates. Further, theState will not be liable for increased labor cost, errors in the rates or classifications, or changes to same prior to theawarding of Contracts. Information pertaining to the prevailing wage rates, prevailing hours of labor and hourlybasic rates are included in this specification. Said wage rates must be posted in at least one conspicuous place forthe employees working on the project.

§ 9.11.5 Any Contractor, subcontractor, or agent, who, after executing a contract in compliance with this section,pays to any laborer, workman, or mechanic employed directly on the project, a lesser wage for work done on theproject than the prevailing wage rate, shall be subject to fine and imprisonment. This misdemeanor is punishableby a fine of not more than $700, or imprisonment for not more than 90 days, or both. Each agent or subcontractorshall furnish to the contractor evidence of compliance with this section. Each day a violation of this section

Init.

/


37

continues is a separate offense.

§ 9.11.6 In accordance with Minnesota Statutes 177.43, sub. 6a, upon issuance of a notice of a compliance orderand withholding order issued by the Department of labor and Industry to the Contractor of subcontractor or anotheremployer pursuant to section 177.27, sub. 4 for violation of sections 177.41 to 177.44, the Owner, as the contractingauthority shall withhold payment of sufficient sum to the prime or general contractor on the project to satisfy theback wages assessed or otherwise cure the violation, and the owner must withhold the sum ordered until thecompliance order has become a final order and has been fully paid or otherwise resolved by the Contractor.

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY§ 10.1 SAFETY PRECAUTIONS AND PROGRAMSThe Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programsin connection with the performance of the Contract.

§ 10.2 SAFETY OF PERSONS AND PROPERTY§ 10.2.1 The Contractor shall take reasonable, and legally required, precautions for safety of, and shall providereasonable, and legally required, protection to prevent damage, injury or loss to

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

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

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

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

.1 Hotworks: In addition to legally required and specified protection requirements, the Contractor isresponsible for obtaining the Owner’s Personnel/Property protection requirements from the facility inwhich the Contractor is performing the work and to implement a "hotworks" safety program duringthe performance of their work. Hotworks is defined as use of any equipment or tools capable ofproducing heat and ignition sources sufficient to start fires or ignite explosives. The local FacilityManager or Safety Director shall be informed in advance of any hotworks necessary for the project.Safety precautions may include the removal or relocation of fire hazards, the provision of guards andfire blankets, coordination and verification of sprinkler systems and a fire watch that extends aminimum of 30 minutes past the conclusion of any hotworks.

.2 Safety Program: The Contractor shall implement and provide documentation on a Safety Programsuch as AWAIR (A Workplace Accident Injury Reduction Act) program and:.1 Post Emergency phone numbers and procedures at the project site..2 Provide and Post the Contractor’s Safety Director’s name and phone number.3 Provide and Post the Contractor’s on-site safety representative’s name, title and phone number.4 Conduct weekly Safety Meetings during the performance of the contract and allow owner’s

safety representatives to be present during the Safety Meetings.The owner assumes no obligation or liability for safety on the project site or legal and insurancerequirements involving safety.

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

§ 10.2.3.1 In the event the owner, owner’s representative, or architect observe an unsafe or hazardous condition onthe project site, they shall have the right, but not an obligation, to stop work until such hazard or safety condition isremedied by the contractor.

Init.

/


38

§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods arenecessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities undersupervision of properly qualified personnel and comply with applicable regulations, laws pertaining to the storage,handling, use, transportation of explosives, hazardous materials or equipment.

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

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

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

§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTYIf either party suffers injury or damage to person or property because of an act or omission of the other party, or ofothers for whose acts such party is legally responsible, written notice of such injury or damage, whether or notinsured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The noticeshall provide sufficient detail to enable the other party to investigate the matter.

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

§ 10.3.2 All Contractors shall fully comply with the requirements of Minnesota Statutes, Sections 326.70 through326.81 and Minnesota Rules, parts 4620.3000 to 4620.3700.

§ 10.3.3 Any Contractor who performs any asbestos-related work or asbestos management activity shall be licensedor certified by the Minnesota Commissioner of Health under Minnesota Statutes Sections 326.70 through 326.81,and shall perform such work or activity in accordance with rules prescribed by the Minnesota Commissioner ofHealth related to asbestos abatement and asbestos management activity. Without waiver of other provisions in thisArticle 10.3, the Contractor is not responsible for damages, costs, fines or penalties caused by the handling ofpre-existing hazardous materials and substances, except to the extent of the contractor’s fault or negligence in thehandling of such substances.

§ 10.3.4 If there is a Contract involving existing construction, the Owner will provide to the Contractor an AsbestosSurvey Report identifying the building materials containing asbestos. The Contractor shall read and understand thecontent of the Report and examine the site and facilities as necessary to develop a full understanding of the extent,location, quantity, and conditions of any potential asbestos containing material identified in the Report.

§ 10.3.5 Where potentially hazardous substances have been partially removed from any work area, either prior to orin conjunction with, the construction required under the asbestos abatement Contract, the Owner will provide to theContractor a copy of the drawings, specifications, or other Documents which indicate the extent of removal workanticipated to be performed prior to the work of the Contractor. The Contractor shall review and fully understandthe extent of the provided Documents and shall make appropriate inspections to ascertain that potential asbestos

Init.

/


39

containing materials have been removed from affected work areas or that they have been encapsulated and will notpose a hazard to employees on the job site.

§ 10.3.6 All Contractors shall know and understand that where asbestos materials may have been partially or fullyremoved to facilitate the work of the Contractor, that such prior work is not a guarantee that all asbestos containingmaterials have been completely removed from all areas that might be affected by the work of the Contractor. TheContractor shall protect any asbestos materials that were left in place or that were not shown on the asbestos removalplans as scheduled to be removed.

§ 10.3.7 In responding for this project, the Contractor shall know and understand that it may encounter potentialasbestos containing materials that may impede the progress of construction, require changes in the project scheduleor changes in the sequences of work, or result in delays in completion. If such an event occurs, the Owner will granta reasonable Contract time extension, but only if the Contractor could not reasonably have foreseen such conditionsand could not reasonably adjust its project schedule to avoid any delays in completion.

§ 10.3.8 NOT USED

§ 10.3.9 The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site bythe Contractor or any tier of subcontractor unless such materials or substances were required by the ContractDocuments.

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

ARTICLE 11 INSURANCE AND BONDS§ 11.1 CONTRACTOR’S INSURANCE§ 11.1.1 The Contractor shall(Paragraphs deleted)not commence work under the Contract until it has obtained all the insurance required by the specifications and suchinsurance has been approved by the State of Minnesota, Materials Management Division. All policies andcertificates shall provide that the policies shall remain in force and effect throughout the term of the contract.

§ 11.1.2 COMMERCIAL GENERAL LIABILITY§ 11.1.2.1 Contractor shall maintain insurance to cover claims arising from operations under this Contract, whethersuch operations are by the Contractor, Subcontractor, Sub-Subcontractor or by anyone directly or indirectlyemployed under this Contract. Unless otherwise specified, the insurance minimum limits of liability shall be asfollows:

$2,000,000 – Per Occurrence$2,000,000 – Annual Aggregate applying per project or location$2,000,000 – Annual Aggregate applying to Products and Completed Operations $50,000 – Fire Damage (any one fire) $5,000 – Medical Expense (any one person per occurrence)

§ 11.1.2.2 The following coverages shall be included:– Premises and Operations Bodily Injury and Property Damage– Personal Injury & Advertising Injury– Products and Completed Operations Liability, to be maintained for at least 3 years after completion of

the work under this contract.– Contractual Liability as provided in ISO form CG 00 01 12 04 13 or its equivalent– Pollution exclusion with standard exception as per Insurance Services Office

(ISO) Commercial General Liability Coverage Form – CG 00 01 12 04 13 or equivalent– Independent Contractors – Let or Sublet work– Waiver of Subrogation in favor of the State of Minnesota

Contractor agrees it’s coverage will not contain any restrictive endorsement(s) excluding or limiting Broad Form

Init.

/


40

Property Damage (BFPD) or Explosion, Collapse, Underground (XCU).

§ 11.1.2.3 Officers and Employees of the State of Minnesota, the Architect and its agents shall be named asAdditional Insureds, to the extent permitted by law, for claims arising out of the Contractor’s negligence or thenegligence of those for whom the Contractor is responsible for both ongoing and completed operations.

§ 11.1.3 BUSINESS AUTOMOBILE LIABILITY§ 11.1.3.1 Contractor shall maintain insurance to cover liability arising out of the operations, use, or maintenance ofall owned, non-owned and hired vehicles. Unless otherwise specified, the insurance minimum limits shall be asfollows:

$2,000,000 – Per Occurrence combined Single Limit Bodily Injury and Property Damage.

§ 11.1.3.2 The following coverages shall be included:– Owned Automobiles– Hired Automobiles– Non-owned Automobiles– Waiver of subrogation in favor of the State of Minnesota

§ 11.1.4 PROFESSIONAL LIABILITY – DESIGN ERRORS AND OMISSIONS§ 11.1.4.1 If the Owner specifies that the Contractor provide design and related services and, pursuant to Section3.12.10, the Contractor provides such services with its employees, the Contractor shall maintain insurance coveringnegligent acts, errors or omissions, arising out of the performance of, or the failure to perform, such professionalservices included in the Contract Documents. Additionally, the Contractor shall require its Architectural andEngineering consultants and their subconsultants, if any, to maintain professional liability insurance. All suchinsurance shall be maintained for a minimum of five (5) years, if commercially available, otherwise a minimum ofthree (3) years following completion or earlier termination of the Project. Unless otherwise specified, the insuranceminimum shall be as follows:

§ 11.1.4.2 Minimum limit of liability of $2,000,000 per claim and $2,000,000 annual aggregate. Any deductible willbe the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the Owner.

§ 11.1.4.3 If the policy is claims made, it shall contain the following language:Prior acts or retroactive date of coverage shall not be subsequent to the effective date of this Contract and Contractorshall maintain such insurance for a period of at least five (5) years, if commercially available, otherwise a minimumperiod of three (3) years, following completion or earlier termination of the Project. If such insurance isdiscontinued, extended reporting period coverage must be obtained to fulfill this requirement.

Evidence of insurance shall be filed with the Owner prior to start of design services if they are to be provided.

§ 11.1.5 WORKERS’ COMPENSATION§ 11.1.5.1 Contractor shall provide workers’ compensation insurance for all employees and shall require anySubcontractor to provide workers’ compensation insurance in accordance with the statutory requirements of theState of Minnesota and must include:

a. Part 2, Employers Liability including Stop Gap Liability for monopolistic states, at limits of not lessthan:

$100,000 – Bodily Injury by disease per employee$500,000 – Bodily Injury by disease aggregate$100,000 – Bodily Injury by accident

b. Coverage C: All States Coveragec. If applicable, USL&H, Maritime, Voluntary and Foreign Coverage.d. A waiver of subrogation in favor of the State of Minnesota, as Owner.

§ 11.1.5.2 If Contractor is self-insured for its obligation under the Workers’ Compensation Statutes in thejurisdiction where the project is located, a Certification of the Authority to Self-Insure such obligations shall beprovided.

Init.

/


41

Evidence of Subcontractor insurance shall be filed with the Contractor.

§ 11.1.6 AVIATION AND/OR MARINE PUBLIC LIABILITY§ 11.1.6.1 Should aircraft or watercraft of any kind be used by the Contractor, any tier of Subcontractor or by anyoneelse on their behalf, Contractor or Subcontractor shall maintain or cause the operator of the aircraft/watercraft tomaintain aircraft/watercraft public liability insurance including bodily injury, property damage and passengerliability, as respects any aircraft/watercraft owned, used, operated or hired in connection with the work by theContractor, Subcontractor or anyone else in the following limits:

§ 11.1.6.2 Aircraft/ Watercraft Liability - $10,000,000 Per Occurrence combined Single Limit Bodily Injury andProperty Damage.

Evidence of insurance shall be filed with the Owner prior to use of equipment on project.

§ 11.1.7 UMBRELLA OR EXCESS LIABILITY§ 11.1.7.1 The Contractor shall provide Umbrella or Excess Liability Insurance with limits of not less than$2,000,000 per occurrence and $2,000,000 aggregate and with coverage at least as broad as the primary coverages ofCommercial General Liability, Employer’s Liability and Automobile Liability set forth in Article 11 or useUmbrella or Excess Liability Insurance to supplement the primary policy limits to satisfy the full policy limitsrequired by the Contract. Officers and employees of the State of Minnesota, the Architect and its agents shall benamed as Additional Insureds, to the extent permitted by law, for claims arising out of the Contractor’s negligenceor the negligence of those for whom the Contractor is responsible for both ongoing and completed operations.

§ 11.1.8 ADDITIONAL INSURANCE CONDITIONS§ 11.1.8.1 Primary and Non-Contributory - Contractor’s policy(ies) shall be primary and non-contributory insuranceto any other valid and collectible insurance available to the State of Minnesota or self-insurance maintained by theState of Minnesota with respect to any claim arising out of this Contract.

§ 11.1.8.2 Contractor is responsible for payment of contract related insurance premiums and deductibles.

§ 11.1.8.3 Insurance Companies must either (1) have an AM Best rating of A- (minus) and a Financial Size Categoryof VII or better, and be authorized to do business in the State of Minnesota or (2) be domiciled in the State ofMinnesota and have a Certificate of Authority/Compliance from the Minnesota Department of Commerce if they arenot rated by AM Best.

§ 11.1.8.4 Insurance Companies waive their rights to assert the immunity of the State as a defense to any claimsarising out of this Contract.

§ 11.1.8.5 The above establishes minimum insurance requirements. It is the sole responsibility of the Contractor todetermine the need for and to procure additional insurance that may be needed in connection with this contract.

§ 11.1.8.6 Certificates of Insurance acceptable to the State of Minnesota shall be submitted prior to commencementof the work under this contract. If the Contractor receives a cancellation notice from an insurance carrier affordingcoverage herein, the Contractor agrees to notify the State of Minnesota within five (5) business days with a copy ofthe cancellation notice, unless the Contractor’s policy(ies) contain a provision that coverage afforded under thepolicy(ies) will not be canceled without at least thirty (30) days advance written notice to the State of Minnesota.§ 11.1.8.7 Coverage under the General Liability policy(ies) of the Contractor will be as broadly construed for theOwner as is available to the Contractor.

§ 11.1.8.8 The liability limits specified by the contract are the minimum limits required, and any and all additionallimits provided to the Contractor will be available on an excess, umbrella or other basis, to the Additional Insuredfor any and all covered claims.

§ 11.1.8.9 The insurance and insurance limits required herein shall not be deemed as a limitation on theContractor’s liability with regard to the indemnities granted to the Owner under the contract.

Init.

/


42

§ 11.2 Owner’s Liability Insurance: The Owner will be responsible for maintaining its own liability insurance or selfinsurance program and, at its option, may purchase and maintain such insurance as will protect the Owner againstclaims which may arise from operations under the Contract.

§ 11.3 PROPERTY INSURANCE§ 11.3.1 BUILDER’S RISK – BY CONTRACTORThe Contractor shall be responsible for providing and maintaining "All Risk" or equivalent Builder’s Risk policyinsuring the interest of the Owner, Contractor, and any tier of Subcontractor. Coverage on an "All Risk" orequivalent basis shall include the perils of flood, earthquake and pollution cleanup expense. Builder’s Risk limit ofliability shall be equal to the amount of the contract. Any deductible shall be the sole responsibility of the Contractorand shall not exceed $10,000 without the written approval of the Owner.

.1 The Builder’s Risk policy will cover all materials, supplies and equipment that are intended forconstruction and specific installation in the project while such materials, supplies and equipment arelocated at the project site, in transit and while temporarily located away from the project site for thepurpose of repair, adjustment or storage at the risk of one of the insured parties.

.2 Any property not covered by the Builder’s Risk policy, such as the Contractor’s or any tier ofSubcontractor’s licensed motor vehicles or personal property, including job trailers, machinery, tools,equipment and property of a similar nature not destined to become a part of the project, shall be theresponsibility of the Contractor or Subcontractor at any tier, and such person or organization may selfinsure or provide other insurance at its option for the same.

.3 Waiver of Liability: Absent Owner or Architect sole negligence or breach of specific Contractual dutyspecifically and logically related to the damage or loss, the Owner or Architect will not be responsiblefor loss or damage to property of any kind owned, borrowed, rented or leased by the Contractor,Subcontractors of all tiers and/or the Contractor’s/Subcontractors employees, servants or agents.

.4 Waivers of Subrogation: The Owner and Contractor waive all rights against (1) each other and any oftheir Subcontractors of all tiers and (2) the Architect, and the Architect’s Subcontractors of all tiersfor damages caused by fire or other causes of loss to the extent covered by property insuranceobtained pursuant to the provisions of paragraph 11.3 or other property insurance applicable to theWork, except such rights as they have to proceeds of such insurance held by the Owner or Contractoras fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, and theArchitect’s Subcontractors of all tiers, by appropriate agreements, written where legally required forvalidity, similar waivers each in favor of other parties enumerated herein. The policies shall providesuch waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall beeffective as to a person or entity even though that person or entity would otherwise have a duty ofindemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged.

.5 All losses and claims shall be immediately reported to the Contractor, Owner and applicableinsurance carrier, under loss notice procedures as directed by the Contractor.

.6 Any loss insured under Section 11.3 is to be adjusted with the Contractor and made payable to theContractor as trustee for all insured parties, as their interests may appear, subject to the requirementsof any applicable mortgage clause. The Contractor shall pay the Owner a just share of any insurancemoneys received, and by appropriate agreement, written where legally required for validity, shallrequire the Contractor to make just share payments to the Subcontractors and lower tieredSub-Subcontractors in similar manner.

.7 Partial occupancy or use shall not commence until the insurance company or companies providingproperty insurance have consented to such partial occupancy or use by endorsement or otherwise.

.8 Boiler and Machinery Insurance. The Contractor shall purchase and maintain boiler and machineryinsurance required by the Contract Documents or by law, which shall specifically cover such insuredobjects during installation and until final acceptance by the Owner; this insurance shall includeinterests of the Owners, Contractor, Subcontractors and Sub-Subcontractors in the Work, and theOwner and Contractor shall be named insureds.

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

Init.

/


43

(Paragraphs deleted)§ 11.4 PERFORMANCE BOND AND PAYMENT BOND§ 11.4.1 Unless otherwise exempted in these Contract Documents, the Contractor shall furnish a Performance Bondand a Labor and Material Payment Bond (individually a "Bond" and collectively "Bonds") to the Owner. ThePerformance Bond shall be in an amount equal to 100% of the full amount of the Contract sum as security for thefaithful performance of the Contract, and the Labor and Material Payment Bond shall be in an amount equal to100% of the full amount of the Contract sum as security for the payment of all persons performing labor andfurnishing materials in connection with the Contract Documents. Such Bonds shall be on forms approved by orprovided by the Owner and shall name the Owner as primary Obligee.

§ 11.4.2 The surety issuing the Bonds shall be satisfactory to the Owner, be licensed to issue Bonds in the State ofMinnesota, shall be rated by A.M. Best an A-(minus) or better, and shall be within the limit set by the TreasuryDepartment as the net limit on any single risk for the surety, or if co-sureties are utilized, the amount of each Bondshall be within the total of such limits set for a surety and any such co-sureties. There shall be no affiliation betweenthe Contractor and any bonding agencies or agent used.

§ 11.4.3 In the event of change orders that result in an increase in the Contract Sum, the penal sum of each Bondshall increase in the amount of such change in the Contract sum without obtaining the surety’s consent up to amaximum of 10% of the penal sum. Any aggregate increase in the excess of 10% of the original penal sum shallrequire the surety’s written consent. The Contractor shall be responsible for getting the consent, and shall submit acopy of such consent to the Owner.

§ 11.4.4 If the Owner determines that the surety providing the bonds no longer meets the requirements of Section11.4.2, the Contractor shall obtain an adequate replacement surety that will provide acceptable bonds in the sameform and amount as the bonds issued by the original surety. The Contractor shall pay the premium(s) on such newBond(s). The Contractor acknowledges that further payments to the Contractor may not be made until the newsurety has been qualified and approved.

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

§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine priorto its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If suchWork is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriateChange Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, suchcosts and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner ora separate contractor in which event the Owner shall be responsible for payment of such costs.

§ 12.2 CORRECTION OF WORK§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETIONThe Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements ofthe Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the costof uncovering and replacement, and compensation for the Architect’s services and expenses made necessarythereby, shall be at the Contractor’s expense. The costs of corrections include labor, material, equipment, safetyprecautions in accordance with the Contract Documents.

§ 12.2.2 AFTER SUBSTANTIAL COMPLETION§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date ofSubstantial Completion of the Work or designated portion thereof or after the date for commencement of warrantiesor special warranty required by the Contract Documents, any of the Work is found to be not in accordance with therequirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice fromthe Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition. During the one-year period for

Init.

/


44

correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make thecorrection, the Owner waives the rights to require correction by the Contractor and to make a claim for breach ofwarranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period afterreceipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. Notice ofdiscovery and required correction may be given by either the Owner or the Architect.

§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work firstperformed and accepted after Substantial Completion by the period of time between Substantial Completion and theactual completion and acceptance of that portion of the Work.

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

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

§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed orpartially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Workthat is not in accordance with the requirements of the Contract Documents.

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

§ 12.2.6 The Contract Documents survive final payment and are applicable to the performance of all corrective workrequired, regardless of time.

§ 12.2.7 The obligation of the Contactor to perform corrective work shall survive final completion of the work andfinal payment under the Contract.

§ 12.2.8 The Owner does not waive any remedies for the cost of performing corrective work the Contractor neglectsor refuses to perform in a timely manner.

§ 12.3 ACCEPTANCE OF NONCONFORMING WORKIf the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, theOwner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced asappropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. If theOwner chooses to accept nonconforming work pursuant to this provision, then the Contractor shall warrant theaccepted work for the period stated in Section 12.2 as amended. The adjusted Contract Sum, when determined afterfinal payment, shall be reimbursed to the Owner by the Contractor.

ARTICLE 13 MISCELLANEOUS PROVISIONS§ 13.1 GOVERNING LAWThe laws of the State of Minnesota shall govern the Contract and the venue for any claims or actions shall beRamsey County, Minnesota.

§ 13.2 SUCCESSORS AND ASSIGNS§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legalrepresentatives to covenants, agreements and obligations contained in the Contract Documents. Neither party to theContract shall assign the Contract as a whole without written consent of the other. If either party attempts to makesuch an assignment without such consent, that party shall nevertheless remain legally responsible for all obligationsunder the Contract.

§ 13.2.2 NOT USED

Init.

/


45

§ 13.3 WRITTEN NOTICEWritten notice shall be deemed to have been duly served if delivered in person to the individual, to a member of thefirm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered orcertified mail or by courier service providing proof of delivery to, the last business address known to the partygiving notice. Normal communication between parties may be by US Mail, email or fax.

§ 13.4 RIGHTS AND REMEDIES§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereundershall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or availableby law.

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

§ 13.5 TESTS AND INSPECTIONS§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the ContractDocuments and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of publicauthorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections andapprovals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate publicauthority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architecttimely notice of when and where tests and inspections are to be made so that the Architect may be present for suchprocedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements untilafter bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes orapplicable laws or regulations prohibit the Owner from delegating their cost to the Contractor.

§ 13.5.1.1 The requirements of 13.5.1 may be superseded by the project General Requirements, and by projectspecifications providing for the Owner to obtain and pay for specific testing and special inspections. Tests andinspections otherwise required by codes, laws, ordinances, rules or regulations of any authority having jurisdictionover the project shall be provided and paid for by the Contractor using entities acceptable to said authority. TheContractor shall schedule all tests and inspections with the providing party so as not to delay the project.

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

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

§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the ContractDocuments, be secured by the Contractor and promptly delivered to the Architect.

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

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

§ 13.6 NOT USED

Init.

/


46

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

§ 13.8 ASSIGNMENT OF ANTITRUST CLAIMS§ 13.8.1 The Contractor hereby assigns to the State of Minnesota any and all claims for overcharges as to goods andmaterials purchased in connection with this order or Contract resulting from antitrust violations which arise underthe antitrust laws of the State of Minnesota. In addition, Contractor warrants and represents that each of their firsttier suppliers and Subcontractors shall assign any and all such claims to the State of Minnesota. By signing theSolicitation, the Contractor agrees with the following statement:

.1 I/We certify that we have not, either directly or indirectly, entered into any agreement orparticipated in any collusion or otherwise taken any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit asolicitation response; that this solicitation response has been independently arrived at withoutcollusion with any other vendor, competitor, or potential competitor; that this solicitationresponse has not been knowingly disclosed prior to the opening of solicitation responses ofany other vendor or competitor; and that the above statement is accurate under penalty ofperjury.

§ 13.9 RECYCLING§ 13.9.1 In accord with the State of Minnesota’s sustainability guidelines, it is in the best interest of the State thatscrap, waste and demolished materials be recycled. All Contractors, to the extent commercially available, arerequired to recycle recyclable scrap materials generated on State of Minnesota building projects. A recycling planmay be required by the General Requirements and Specifications. If the Owner discovers that the Contractor is notutilizing commercially available recycling the project may be stopped until recycling provisions are implemented bythe Contractor. When waste and demolished materials contain or are suspected of containing legally definedhazardous compounds, legal and proper disposal by qualified and licensed personnel is required.

§ 13.10 RECORDS§ 13.10.1 The books, records, documents, bid preparation documents, and accounting procedures and practices of theContractor and its employees, agent, or subcontractors relevant to the Contract must be made available to andsubject to examination by the Owner, Legislative Auditor and/or the State Auditor for a minimum of six years afterthe end of the contract. The Contractor shall maintain all documentation, at its expense, in the event of a claimgiving rise to a litigation hold order.

§ 13.11 GOVERNMENT DATA PRACTICES ACT§ 13.11.1 The Contractor and the Owner must comply with the Minnesota Government Data Practices Act, Minn.Statute Ch 13, as it applies to all data provided by the Owner, and as it applies to all data created collected, received,stored, used, maintained or disseminated by the Contractor under this Contract. The civil remedies of Minn. Statute13.08 apply to the release of all data by either the Contractor or the Owner.

§ 13.11.2 If the Contractor receives a request to release data, the Contractor must immediately notify the Ownerbefore releasing any data. The Owner will give the Contractor instructions concerning the release of the data to therequesting party.

§ 13.13 LABOR AND WAGES NONDESCRIMINATION§ 13.13.1 The Contract shall conform with and agree to provisions of Minnesota Statutes section 181.59 thatprohibits discrimination in the hiring of labor by reason of race, creed or color, which section is reproduced below:

§ 13.13.2 181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED INCONTRACT. Every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school,school district, or any other district in the State, for materials, supplies or construction shall contain provisions bywhich the Contractor agrees:

.1 That, in hiring of common or skilled labor for the performance of any work under any Contract, or

Init.

/


47

any subcontract, no Contractor, Material Supplier, or Vendor shall, by reason of race, creed, or colordiscriminate against the person or persons who are citizens of the United States or resident aliens whoare qualified and available to perform the work to which the employment relates;

.2 That no Contractor, Material Supplier, or Vendor shall, in any manner, discriminate against orintimidate, or prevent the employment of any person or persons identified in the clause (1) of thissection, or on being hired, prevent, or conspire to prevent, the person or persons from the performanceof work under any Contract on account of race, creed, or color;

.3 That a violation of this Section is a misdemeanor; and

.4 That this Contract may be canceled or terminated by the State, county, city, town, school board, orany other person authorized to grant the Contracts for employment, and all money due, or to becomedue under the contract, may be forfeited for a second or any subsequent violation of the terms andconditions of this Contract.

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

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

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

.3 NOT USED

.4 NOT USED

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

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

§ 14.1.4 NOT USED

§ 14.2 TERMINATION BY THE OWNER FOR CAUSE§ 14.2.1 The Owner may terminate the Contract if the Contractor

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

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

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

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

.5 files a bankruptcy petition or has a bankruptcy action commenced against it that is not dischargedwithin 30 days of commencement of same, makes an assignment for the benefit of its creditors, has areceiver appointed to manage the Contractor’s assets or otherwise is becoming insolvent; or

.6 materially fails to comply with interim or final completion dates as required by the ContractDocuments, or materially fails to comply with design requirements of the Contract Documents, orpersistently fails to perform the work in accordance with the Contract Documents.

.7 fails to maintain the required insurance.

§ 14.2.2 When any of the above reasons exist, the Owner, may by giving the Contractor and the Contractor’s surety,if any, written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety:

Init.

/


48

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

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

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

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shallnot be entitled to receive further payment until the Work is finished.

§ 14.2.4 If the unpaid balance of the Contract Sum the direct and indirect consequential costs of completing theWork, including but not limited to fees and charges of Architects, Engineers, Attorneys, other professionals andcourt costs,, and other damages incurred by the Owner, such excess will be paid to the Contractor. If such costs anddamages exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Such costs incurred bythe Owner will be approved as to reasonableness by the Owner, but when exercising any rights or remedies underthis article, the Owner shall not be required to obtain the lowest price for the work performed. This obligation forpayment shall survive termination of the Contract, final completion of work and final payment.

§14.2.5 If a court determines that the termination was not supported by at least one of the reasons stated in Section14.2.1, the termination shall be deemed a termination for the Owner’s convenience and be governed by Section 14.4.

§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work inwhole or in part for such period of time as the Owner may determine.

§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused bysuspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall not includeprofit. No adjustment shall be made to the extent

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

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

§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.

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

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

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

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

§ 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive paymentfor Work executed, and costs incurred by reason of such termination. The Contractor may not recover Overhead andProfit for Work not performed.

ARTICLE 15 CLAIMS AND DISPUTES§ 15.1 CLAIMS§ 15.1.1 DEFINITIONA Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, extension oftime, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes andmatters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility tosubstantiate Claims shall rest with the party making the Claim. Arbitration and Mediation, mandated or otherwiserequired, as a method of dispute and/or claim resolution, wherever referenced in Article 15, do not apply to this

Init.

/


49

Contract or any Contract with the State of Minnesota. This Article 15 is modified to exclude all references toarbitration and mediation and to substitute the following:

The Contractor and the State may exercise those legal remedies in District Court as may be available tothem in connection with any dispute arising out of this agreement which cannot be settled by the parties.

In case any question, dispute or controversy arises between the Contractor and Owner, or Contractorsseparately employed by the State, such dispute or controversy shall be referred to the Commissioner ofAdministration or the Commissioner of Administration’s designee.

The venue of any proceedings is herein agreed to be Ramsey County, State of Minnesota, unless otherwisespecifically agreed.

The Contractor shall carry on the work and maintain the progress schedule during any proceedings ordisputes, unless otherwise instructed by the Owner in writing.

§ 15.1.2 NOTICE OF CLAIMSClaims by the Contractor must be initiated by written notice to the Owner with a copy sent to the Architect. Claimsmust be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after theContractor first recognizes the condition giving rise to the Claim, whichever is later. For purposes of this section,communication regarding contractor’s claims may be communicated by the Owner, Architect, Owner’sRepresentative or other agent of the Owner acting on behalf of the owner.Claims not initiated by the contractor within 21 days after occurrence of the event giving rise to such claim or within21 days after the contractor first recognizes the condition giving rise to the claim are waived.

.1 A Notice of Claim is not an "invoice" or application for payment for the purposes of Section 15.1.2 norfor purposes of Minnesota Statutes Section 16A.124.

§ 15.1.3 CONTINUING CONTRACT PERFORMANCEPending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to makepayments in accordance with the Contract Documents. The Architect will prepare Change Orders and issueCertificates for Payment in accordance with the decisions of the Owner.

§ 15.1.4 CLAIMS FOR ADDITIONAL COSTIf the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shallbe given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergencyendangering life or property arising under Section 10.4.

§ 15.1.5 CLAIMS FOR ADDITIONAL TIME§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as providedherein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay onprogress of the Work. In the case of a continuing delay, only one Claim is necessary.

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall bedocumented by data substantiating that weather conditions were abnormal for the period of time, could not havebeen reasonably anticipated and had an adverse effect on the scheduled construction, in accordance with Section8.3.2.4.

§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES(Paragraphs deleted)Waiver of Consequential Damages is NOT USED. The Owner reserves the right to invoke consequential damagesas an additional remedy for the Owner.

§ 15.1.7 CLAIMS FOR CONCEALED OR UNKNOWN CONDITIONSIf conditions are encountered at the site which are (1) subsurface or otherwise fully concealed physical conditionswhich differ materially from those affirmatively indicated in the Contract Documents or (2) unknown physicalconditions of an unusual nature, that could not have been anticipated and which differ materially from those

Init.

/


50

ordinarily found to exist and generally recognized as inherent in construction activities of the character provided forin the Contract Documents (3) are not observable prior to bidding or inferable by the type of construction, thennotice by the observing party shall be given to the other party promptly before conditions are disturbed and in noevent later than 21 days after first observance of the conditions. If notice is not given by the Contractor within 21days after first observance of the condition, all claims by the contractor that arise from the condition are waived. TheArchitect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease inthe Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitableadjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the siteare not materially different from those indicated in the Contract Documents and that no change in the terms of theContract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims byeither party in opposition to such determination must be made within 21 days after the Architect has given notice ofthe decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall beequitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or ContractTime, the adjustment shall be referred to the Architect for initial determination, subject to further proceedingspursuant to Section 15.2.

§ 15.2 RESOLUTION OF CLAIMS AND DISPUTES

§ 15.2.1 Claims, disputes and other matters in question between the Contractor and the Owner relating to theexecution or progress of the work or interpretation of the Contract Documents, along with supporting documents,shall be referred initially to the Architect for decision which the Architect will render in writing within a reasonabletime. The Contractor shall promptly furnish all information requested by the Architect so the Architect can makean informed decision. The Architect’s decision shall be binding but does not abridge any legal remedies affordedthe parties under the Contract Sections 15.2.9 and 15.2.10.

§ 15.2.2 NOT USED

§ 15.2.3 NOT USED

§ 15.2.4 NOT USED

§ 15.2.5 NOT USED

§ 15.2.6 NOT USED

§ 15.2.6.1 NOT USED

§ 15.2.7 NOT USED

§ 15.2.8 NOT USED

§ 15.2.9 Arbitration and Mediation as a method of dispute resolution, wherever referenced in Article 15 orelsewhere in the Contract Documents, do not apply to this Contract. Any unresolved issue, dispute or controversyarising between the Contractor and Owner, Architects, or Contractors separately employed by the Owner shall firstbe referred to the Commissioner of Administration or its designated representative.

§ 15.2.10 The Contractor and Owner may exercise those legal remedies in District Court as may be available to themin connection with any dispute arising out of this agreement which cannot be settled by the parties subject to theconditions in Section 13.7.

The venue of any proceedings shall be Ramsey County, State of Minnesota, unless otherwise agreed in writing.

The Contractor and Subcontractors shall carry on the work and maintain the progress schedule during anyproceedings, unless otherwise instructed by the Owner in writing.

§ 15.3 MEDIATION – NOT USED§ 15.3.1 NOT USED


Supplementary Conditions 00 73 03 - 1

SECTION 00 73 03 SUPPLEMENTARY CONDITIONS 1.01 GENERAL

A. The following Supplementary Conditions shall supplement and supersede the General

Conditions of the Contract, A201, wherever the two are in conflict. B. The General Conditions of the Contract, A201, and these Supplementary Conditions are a

part of the contract Documents. 1.02 OWNER

A. Article 2.1.1: The authorized representative for the State of Minnesota is the Commissioner

of Administration. The Commissioner’s representative for the discharge of this Contract is the Real Estate and Construction Services.

1.03 LIQUIDATED DAMAGES

A. Article 9.10.6: The contractor will be assessed liquidated damages in the amount of Not

Applicable. 1.04 TIME OF COMPLETION

A. The project shall be substantially complete no later than September 11, 2015 B. Final completion of the work will be on or before September 25, 2015.

1.05 AWARDED CONTRACTOR PROVIDED SPECIFICATIONS AND DRAWINGS FOR PROJECT

CONSTRUCTION A. The Owner (or owner’s agent) will provide to the Prime Contractor that is awarded this

project a complete pdf digital project plan set and any ongoing changes in a pdf digital file format for their construction use. AutoCAD file format (.dwg) may be provided to the awarded Prime Contractor only upon the State Project Manager’s written approval. The Prime Contractor will provide to their subcontractors, etc. all printed paper project plan specifications and drawings required for the construction for the project. All printing and distribution costs incurred will be at the Prime Contractor’s expense.

1.06 FINAL PAYMENT INFORMATION

A. Article 9.10.2 references the IC134 form. The instructions and form is available at the

following URL: http://www.revenue.state.mn.us/businesses/withholding/Pages/File-and-Pay.aspx.

http://www.revenue.state.mn.us/businesses/withholding/Pages/File-and-Pay.aspx

http://www.revenue.state.mn.us/businesses/withholding/Pages/File-and-Pay.aspx



Insurance Requirements 00 73 16 - 1

SECTION 00 73 16 INSURANCE REQUIREMENTS

1.01 The AIA A201, Article 11, Insurance and Bonds are hereby made a part of these specifications and contract requirements. The following Insurance Requirements shall supplement the General Conditions of the Contract, A201.

1.02 Article 11.3. Property Insurance

A. Builder’s Risk shall be supplied by party listed in Article 11.3 of the AIA 201 Document until

the contract works are accepted by owner.



Sample Insurance Certificate Form 00 73 17

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY)

Date Cert.

Typed

PRODUCER

Agent/Broker Name & Address

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

INSUREERS AFFORDING COVERAGE

INSURED

Contractor/Vendor Name & Address

INSURER A: Name of Insurance Company

INSURER B: “ “ “

INSURER C: “ “ “

INSURER D: “ “ “

INSURER E: “ “ “

COVERAGES

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OF CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS

R LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE(MM/DD/YY)

POLICY EXPIRATION

DATE(MM/DD/YY) LIMITS

A

GENERAL LIABILITY

Policy Number

Effective

date of

policy

Expiration

date of

policy

EACH OCCURENCE $2,000,000

COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 50,000

CLAIMS MADE OCCUR MED EXP (Any one person) $ 5,000

CONTRACTUAL LIABILITY PERSONAL & ADVERTISING INJURY $2,000,000

IMMIMM___________________________________________

DEDUCTIBLE BI AND/OR PD _______

GENERAL AGGRREGATE $2,000,000

GENERAL AGGREGATE APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000

POLICY PROJECT LOC

B

AUTOMOBILE LIABILITY

Policy Number

*If required in

special terms &

conditions.

Effective

date of

policy

Expiration

date of

policy

COMBINED SINGLE LIMIT $2,000,000

ANY AUTO (Ea accident)

ALL OWNED AUTOS BODILY INJURY $

SCHEDULED AUTOS (Per person)

HIRED AUTOS BODILY INJURY $

NON-OWNED AUTOS (Per accident)

* CA 99 48 Endorsement PROPERTY DAMAGE $

* MCS-90 Endorsement (Per accident)

C

EXCESS LIABILITY PART 2 - Policy Number (**Excess/Umbrella may be

used to supplement the GL

& Auto limits, to satisfy

policy limits

requirements.)

Effective

date of

policy

Expiration

date of

policy

EACH OCCURRENCE $ **

OCCUR CLAIMS MADE AGGREGATE $ **

DEDUCTIBLE $

RETENTION $ $

D

WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY

Policy Number

Effective

date of

policy

Expiration

date of

policy

WC STATU-

ORY LIMITS

OTH- ER

E.L. EACH ACCIDENT $100,000

E.L. DISEASE-EA EMPLOYEE $100,000

E.L. DISEASE – POLICY LIMIT $500,000

* POLLUTION LIABILITY

CLAIMS MADE OCCUR

Policy Number

*If required in

special terms &

conditions.

Effective

date of

policy

Expiration

date of

policy

Each Occurrence Aggregate

$2,000,000

$2,000,000 NON-OWNED DISPOSAL SITES

NO LEAD EXCLUSION

E

BUILDER’S RISK– If required in Article 11.3.1 of solicitation

“All Risk” Named Perils

BUILDERS RISK LIMIT-EQUAL TO CONTRACT AMOUNT

$

DEDUCTIBLE, IF ANY $

PART 3 - DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS

PART 4 - RE: State Project Title______________________________________________________________________________________ Contract # _________________________ - The State of Minnesota is named as an Additional Insured on a primary and non-contributory basis for ongoing

and completed operations under Commercial General Liability, Umbrella or Excess Liability, and *Pollution

Liability.

- Insurance companies waive any rights to assert the immunity of the state as a defense.

- A waiver of subrogation applies in favor of the certificate holder on all policies listed above.

CERTIFICATE HOLDER X ADDITIONAL INSURED; INSURER LETTER: __ CANCELLATION

The State of Minnesota

Name of State Agency

Street Address of State Agency

City, State, & Zip Code of State Agency

(See bid form for agency name & address.)

SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE

THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE



Notice, Affirmative Action 00 73 35-1

SECTION 00 73 35 NOTICE, AFFIRMATIVE ACTION 1.01 NOTICE TO PRIME CONTRACTORS AFFIRMATIVE ACTION CERTIFICATE OF COMPLIANCE

1. It is hereby agreed between the parties that MN Statutes, Section 363A.36 and MN Rules,

Parts 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it.

1.02 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY 1. The offeror’s or Responder’s attention is called to the "equal opportunity clause" set forth

herein. 2. The goals and timetables for minority and female participation, expressed in percentage

terms for the contractor's aggregate workforce in each trade on all construction work in the covered area are as follows:

Timetables Goals for minority participation for each trade

Goals for female participation in each trade

Insert the timetables as determined under part 5000.3520

SEE NEXT PAGE FOR MINORITY PARTICIPATION GOALS

SEE NEXT PAGE FOR FEMALE PARTICIPATION GOAL

These goals are applicable to all the contractor's construction work (whether or not it is State or State assisted performed in the covered area). The contractor's compliance with MN Statutes, Section 363A.36 and part 5000.3520 shall be based on its implementation of the equal opportunity clause, specific affirmative action obligations required by the specifications in part 5000.3540, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, MN Statutes, Section 363A.363 and part 5000.3520. Compliance with the goals will be measured against the total work hours performed


Notice, Affirmative Action 00 73 35 - 2

DEPARTMENT OF HUMAN RIGHTS CONTRACT COMPLIANCE PROGRAM

NOTICE OF MINORITY AND WOMEN PARTICIPATION GOALS IN STATE CONSTRUCTION

Notice is hereby given that the Commissioner of the Minnesota Department of Human Rights has issued revised goals for minority participation rates in state construction, pursuant to Minnesota Rules parts 5000.3520 through 5000.3530. Timetables: Upon publication until further notice. Goals for minority participation are divided into seven categories:

Minorities

Hennepin & Ramsey Counties

Five County Area

Anoka, Carver, Dakota, Scott, Washington

32%

22%

For participation by women for the seven categories

Central MN

Benton, Chisago, Isanti, Kanabec, Kandiyohi, McLeod, Meeker, Mille Lacs, Pine, Renville, Sherburne, Stearns, Wright

6%

3%

Southwest MN

Big Stone, Blue Earth, Brown, Chippewa, Cottonwood, Faribault, Jackson, Lac qui Parle, Le Sueur, Lincoln, Lyon, Martin, Murray, Nicollet, Nobles, Pipestone, Redwood, Rock, Sibley, Swift, Waseca, Watonwan, Yellow Medicine

4%

Southeast MN

Dodge, Fillmore, Freeborn, Goodhue, Houston, Mower, Olmsted, Rice, Steele, Wabasha, Winona

4%

Northeast MN

Aitkin, Carlton, Cook, Itasca, Koochiching, Lake, Saint Louis

5%

Northwest MN

Becker, Beltrami, Cass, Clay, Clearwater, Crow Wing, Douglas, Grant, Hubbard, Kittson, Mahnomen, Lake of the Woods, Marshall, Morrison, Norman, Ottertail, Pennington, Polk, Pope, Red Lake, Roseau, Stevens, Todd, Traverse, Wadena, Wilkin

6%

Commissioner, Dept. of Human Rights



3. The contractor shall provide written notification to the Compliance Division of the Minnesota

Department of Human Rights within 10 working days of award of any construction subcontract at any tier for construction work under the contract resulting from the solicitation. The notification must list the name, address and telephone number of the subcontractor: employer identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

4. As used in this notice, and in the contract resulting from this solicitation, the "covered area"

is the geographical area where the contract is to be performed. The contracting state agency shall insert the description of the geographical areas where the contract is to be performed describing the State, County, City, Town, or Municipality of the geographical area in this notice and in the contract resulting from this solicitation.

1.03 DISABLED INDIVIDUAL CLAUSE

A The contractor shall not discriminate against any employee or applicant for employment

because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

B. The contractor agrees to comply with the rules and relevant order of the Minnesota

Department of Human Rights issued pursuant to the Minnesota Human Rights Act. C. In the event of the contractor's noncompliance with the requirements of this clause, actions

for non-compliance may be taken in accordance with Minnesota Statutes, Section 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act.

D. The contractor agrees to post in conspicuous places, available to employees and applicants

for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees.

E. The contractor shall notify each labor union or representative of workers with which it has a

collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Minnesota Statutes, Section 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled individuals.



1.04 STANDARD STATE EQUAL EMPLOYMENT OPPORTUNITY

1. The contractor shall implement the specific affirmative action standards provided in paragraphs 4(a) through (o) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor shall reasonably be able to achieve in each construction trade in which it has employees in the covered area. The contractor shall make substantially uniform progress toward its goals in each craft during the period specified.

2. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specification, Minnesota Statutes, Section 363A.36 of the Minnesota Human Rights Act, of the rules adopted under the act.

3. In order for the non-working training hours of apprentices and trainees to be counted in

meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor.

4. The contractor shall take specific affirmative action to ensure equal employment opportunity.

The evaluation of the contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (a) Make a good faith effort to maintain a working environment free of harassment,

intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

(b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.

(c) Maintain a current file of the names, address, and telephone numbers of each minority and female off-the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If the individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore; along with whatever additional actions the contractor may have taken.

(d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations.

(e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the State of



Minnesota. The contractor shall provide notice of these programs to the sources compiled under (b).

(f) Disseminate the contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed.

(g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assigning, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and subject matter discussed and disposition of the subject matter.

(h) Disseminate the contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's equal employment opportunity policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.

(i) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

(j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's work force.

(k) Conduct, at least annually an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek to prepare for, through appropriate training, such opportunities.

(l) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the contractor's obligations under these specifications are being carried out.

(m) Ensure that all facilities and company activities are non-segregated except the separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

(n) Document and maintain a record of all solicitations of offers for subcontract from minority and female construction contractors and suppliers, including circulation of solicitation to minority and female contractor associations and other business associations.

(o) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's equal employment opportunities policies and affirmative action obligations.

4. Contractors are encouraged to participate in voluntary associations that assist in fulfilling

one or more of their affirmative action obligations (4(a) to (o)). 5. The efforts of a contractor association, joint contractor-union, contractor-community, or other

similar group of which the contractor is a member and participant, may be asserted as



fulfilling any one or more of its obligations under 4(a) to (o) of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, insures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply shall not be defense for the contractor's noncompliance.

6. A single goal for minorities and a separate single goal for women have been established.

The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of part 5000.3520 if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of part 5000.5320 if a specific minority group of women is underutilized).

7. The contractor shall not use the goals and timetables or affirmative action standards to

discriminate against any person because of race, color, creed, religion, sex, national origin, and marital status, status with regard to public assistance, disability, age, or sexual orientation.

8. The contractor shall not enter into any subcontract with any person or firm debarred from

government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes 363A.36.

9. The contractor shall carry out such sanctions for violation of these specifications and of the

equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, 363A.36, and its implementing rules, Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section 363A.36.

10. The contractor, in fulfilling its obligations under these specifications, shall implement specific

affirmative action steps, at least as extensive as those standards prescribed in paragraph 4, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of Minnesota Statutes, Section 363A.36, its implementing rules, or these specifications, the commissioner shall proceed in accordance with part 5000.3570.

11. The contractor shall designate a responsible official to monitor all employment related

activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed.

Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

12. Nothing herein provided in this part shall be construed as a limitation upon the application of

other state or federal laws that establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents.


Affirmative Action, Monthly Utilization Report 00 73 37

MINNESOTA DEPARTMENT OF HUMAN RIGHTS

CONTRACT COMPLIANCE UNIT

MONTHLY UTILIZATION REPORT

EMPLOYMENT AND TRAINING

REPORTING PERIOD:

FROM:

TO:

CURRENT GOALS

MINORITY: FEMALE:

This Monthly Utilization Report is required by MN State 363A. Failure to report can result in

cancellation, termination, or suspension or the contract; and the contractor may be declared

ineligible for further State construction projects.

Return completed report to: MN Department of Human Rights

Contract Compliance Unit

625 Robert Street

St. Paul, Minnesota 55155

NAME AND ADDRESS OF CONTRACTING FIRM:

LOCATION OF PROJECT:

A. HOURS OF EMPLOYMENT ON PROJECT B. TOTAL NUMBER OF

EMPLOYEES

CONSTRUCTION

TRADE*

CLASSIFI-

CATION

TOTAL

EMPLOYEE

HOURS BY

TRADE

TOTAL MINORITY

EMPLOYEE

HOURS BY TRADE

TOTAL

MINORITY

HOUR

PERCENTAGE

TOTAL

FEMALE

HOUR PERCENTAGE

TOTAL

NUMBER

OF

EMPLOYEES

TOTAL

NUMBER

OF MINORITY

EMPLOYEES B H AI/AN A/PI

M F

M

F

M

F

M

F

M

F

Male

Female

Male

Female

Journey

%

%

Apprentice

%

%

Trainee

%

%

Sub-Total

%

%

TOTAL JOURNEY HOURS

%

%

TOTAL APPRENTICE HOURS

%

%

TOTAL TRAINEE HOURS

%

%

GRAND TOTAL HOURS

%

%

COMPANY OFFICIAL=S SIGNATURE AND TITLE: TELEPHONE NUMBER:

( )

DATE SIGNED:

, 20

PAGE:

OF

One sheet required for each trade with Total hours on first sheet only.



Eligible Targeted Group & Economically Disadvantaged Vendors 00 73 39

SECTION 00 73 39

TABLE OF ELIGIBLE TARGETED GROUP AND ECONOMICALLY DISADVANTAGED BUSINESSES

STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION

TABLE OF GROUPS EXPERIENCING DISPARITY IN STATE OF MINNESOTA PURCHASING & CONTRACTING

CONDUCTED UNDER MINN. STAT. CHAPTER 16C (Based on the 2009 Disparity Study)

Construction Prime

Contracts

Construction Subcontracts

Professional Services

Other Services

Goods & Supplies

African American X X X

American Indian X X X X

Asian American X X X

Hispanic American X X X X X

Nonminority Women X X X X X

Disabled X X X X X



Prevailing Wage Requirements 00 73 43

SECTION 00 73 43 PREVAILING WAGE REQUIREMENTS

FOR STATE FUNDED PROJECTS A. Prevailing Wage Requirements are shown in AIA A201 2007, General Conditions of the Contract for

Construction, Article 9.11 [AIA Document A201Art9.11] that is included in this solicitation.

B. Submit Payroll Reports and Statement of Compliance Forms to:

1. Dept. of Administration, Materials Management Division and Real Estate & Construction Services projects use [email protected], and [email protected].





Prevailing Wage Rates 00 73 46

SECTION 00 73 46 PREVAILING WAGE RATES

1.01 The prevailing wage rates for the county/region in which the work is to be performed are included in this division.


MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATEFUNDED CONSTRUCTION PROJECTS

THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE

Construction Type: Commercial

County Number: 62

County Name: RAMSEY

Effective: 2014-12-08 Revised: 2015-04-20

This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly ratesto be paid on this project.

All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one andone half (1 1/2) times the basic hourly rate.

Violations should be reported to:

Department of Labor and IndustryPrevailing Wage Section443 Lafayette Road NSt Paul, MN 55155(651) [email protected]

* Indicates that adjacent county rates were used for the labor class listed.

County: RAMSEY (62)

LABOR CODE AND CLASS EFFECTDATE

BASICRATE

FRINGERATE

TOTALRATE

LABORERS (101 - 112) (SPECIAL CRAFTS 701 - 730)

101 LABORER, COMMON (GENERAL LABOR WORK) 2014-12-08 29.90 16.62 46.52

2015-05-01 30.96 16.99 47.95

102 LABORER, SKILLED (ASSISTING SKILLED CRAFTJOURNEYMAN)

2014-12-08 29.90 16.62 46.52

06/10/15 1


2015-05-01 30.96 16.99 47.95

103 LABORER, LANDSCAPING (GARDENER, SOD LAYERAND NURSERY OPERATOR)

2014-12-08 18.75 13.24 31.99

2015-05-01 19.96 13.59 33.55

104 FLAG PERSON 2014-12-08 29.90 16.62 46.52

2015-05-01 30.96 16.99 47.95

105* WATCH PERSON 2014-12-08 26.27 16.27 42.54

2015-05-01 27.33 16.64 43.97

106* BLASTER 2014-12-08 30.90 16.62 47.52

2015-05-01 31.96 16.99 48.95

107 PIPELAYER (WATER, SEWER AND GAS) 2014-12-08 30.27 16.52 46.79

2015-05-01 31.44 16.89 48.33

108* TUNNEL MINER 2014-12-08 28.47 16.52 44.99

2015-05-01 29.64 16.89 46.53

109 UNDERGROUND AND OPEN DITCH LABORER (EIGHTFEET BELOW STARTING GRADE LEVEL)

2014-12-08 28.47 16.52 44.99

2015-05-01 29.64 16.89 46.53

110* SURVEY FIELD TECHNICIAN (OPERATE TOTALSTATION, GPS RECEIVER, LEVEL, ROD OR RANGEPOLES, STEEL TAPE MEASUREMENT; MARK ANDDRIVE STAKES; HAND OR POWER DIGGING FOR ANDIDENTIFICATION OF MARKERS OR MONUMENTS;PERFORM AND CHECK CALCULATIONS; REVIEWAND UNDERSTAND CONSTRUCTION PLANS ANDLAND SURVEY MATERIALS). THIS CLASSIFICATIONDOES NOT APPLY TO THE WORK PERFORMED ON APREVAILING WAGE PROJECT BY A LAND SURVEYORWHO IS LICENSED PURSUANT TO MINNESOTASTATUTES, SECTIONS 326.02 TO 326.15.

2014-12-08 29.90 16.62 46.52

2015-05-01 30.96 16.99 47.95

111* TRAFFIC CONTROL PERSON (TEMPORARY SIGNAGE) 2014-12-08 29.90 16.62 46.52

06/10/15 2

2015-05-01 30.96 16.99 47.95

SPECIAL EQUIPMENT (201 - 204)

201 ARTICULATED HAULER 2014-12-08 34.68 16.45 51.13

2015-05-01 35.48 17.15 52.63

202* BOOM TRUCK 2014-12-08 19.00 0.00 19.00

203 LANDSCAPING EQUIPMENT, INCLUDES HYDROSEEDER OR MULCHER, SOD ROLLER, FARMTRACTOR WITH ATTACHMENT SPECIFICALLYSEEDING, SODDING, OR PLANT, AND TWO-FRAMEDFORKLIFT (EXCLUDING FRONT, POSIT-TRACK, ANDSKID STEER LOADERS), NO EARTHWORK ORGRADING FOR ELEVATIONS

2014-12-08 18.75 13.24 31.99

2015-05-01 19.96 13.59 33.55

204* OFF-ROAD TRUCK 2014-12-08 34.68 16.45 51.13

2015-05-01 35.48 17.15 52.63

205* PAVEMENT MARKING OR MARKING REMOVALEQUIPMENT (ONE OR TWO PERSON OPERATORS);SELF-PROPELLED TRUCK OR TRAILER MOUNTEDUNITS.

2014-12-08 32.88 18.56 51.44

2015-05-01 34.13 18.56 52.69

HIGHWAY/HEAVY POWER EQUIPMENT OPERATOR

GROUP 2 2014-12-08 32.92 17.20 50.12

2015-05-01 33.78 17.90 51.68

306 GRADER OR MOTOR PATROL

308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY)

GROUP 3 * 2014-12-08 20.57 5.39 25.96

309 ASPHALT BITUMINOUS STABILIZER PLANT

310 CABLEWAY

06/10/15 3

312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVYONLY)

314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER

316 LOCOMOTIVE CRANE OPERATOR

320 TANDEM SCRAPER

322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY)

GROUP 4 2014-12-08 32.07 17.20 49.27

2015-05-01 32.93 17.90 50.83

323 AIR TRACK ROCK DRILL

324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY)

325 BACKFILLER OPERATOR

327 BITUMINOUS ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER)

328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACROSURFACING AND MICRO SURFACING, OR SIMILAR TYPES (OPERATOR AND SCREED PERSON)

329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS

330 CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERSAND SCRAPERS

331 CHIP HARVESTER AND TREE CUTTER

332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT,JOINT MACHINE, AND SPRAY MACHINE

334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY)

335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING ANDSCREENING PLANT

336 CURB MACHINE

337 DIRECTIONAL BORING MACHINE

338 DOPE MACHINE (PIPELINE)

340 DUAL TRACTOR

341 ELEVATING GRADER

345 GPS REMOTE OPERATING OF EQUIPMENT

347 HYDRAULIC TREE PLANTER

348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE)

349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY)

350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE

352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILARTYPE

354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE

356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES

06/10/15 4

357 PUGMILL

359 RUBBER-TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAYAND HEAVY ONLY)

360 SCRAPER

361 SELF-PROPELLED SOIL STABILIZER

362 SLIP FORM (POWER DRIVEN) (PAVING)

363 TIE TAMPER AND BALLAST MACHINE

365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAYAND HEAVY ONLY)

367 TUB GRINDER, MORBARK, OR SIMILAR TYPE

GROUP 5 2014-12-08 47.57 0.00 47.57

370 BITUMINOUS ROLLER (UNDER EIGHT TONS)

371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED)

372 FORM TRENCH DIGGER (POWER)

375 HYDRAULIC LOG SPLITTER

376 LOADER (BARBER GREENE OR SIMILAR TYPE)

377 POST HOLE DRIVING MACHINE/POST HOLE AUGER

379 POWER ACTUATED JACK

381 SELF-PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR)

382 SHEEP FOOT COMPACTOR WITH BLADE . 200 H.P. AND OVER

383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF-PROPELLEDSAND AND CHIP SPREADER

384 STUMP CHIPPER AND TREE CHIPPER

385 TREE FARMER (MACHINE)

GROUP 6 2014-12-08 27.82 17.20 45.02

2015-05-01 28.68 17.90 46.58

387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER

389 DREDGE DECK HAND

391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING)

393 LEVER PERSON

395 POWER SWEEPER

396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATINGROLLERS

397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING

06/10/15 5

COMMERCIAL POWER EQUIPMENT OPERATOR

GROUP 1 * 2014-12-08 36.94 16.45 53.39

2015-05-01 37.74 17.15 54.89

501 HELICOPTER PILOT (COMMERCIAL CONSTRUCTION ONLY)

502 TOWER CRANE 250 FEET AND OVER (COMMERCIAL CONSTRUCTION ONLY)

503 TRUCK CRAWLER CRANE WITH 200 FEET OF BOOM AND OVER, INCLUDING JIB(COMMERCIAL CONSTRUCTION ONLY)

GROUP 2 * 2014-12-08 36.60 16.45 53.05

2015-05-01 37.40 17.15 54.55

504 CONCRETE PUMP WITH 50 METERS/164 FEET OF BOOM AND OVER (COMMERCIALCONSTRUCTION ONLY)

505 PILE DRIVING WHEN THREE DRUMS IN USE (COMMERCIAL CONSTRUCTION ONLY)

506 TOWER CRANE 200 FEET AND OVER (COMMERCIAL CONSTRUCTION ONLY)

507 TRUCK OR CRAWLER CRANE WITH 150 FEET OF BOOM UP TO AND NOT INCLUDING 200FEET, INCLUDING JIB (COMMERCIAL CONSTRUCTION ONLY)

GROUP 3 2014-12-08 35.19 16.45 51.64

2015-05-01 35.99 17.15 53.14

508 ALL-TERRAIN VEHICLE CRANES (COMMERCIAL CONSTRUCTION ONLY)

509 CONCRETE PUMP 32-49 METERS/102-164 FEET (COMMERCIAL CONSTRUCTION ONLY)

510 DERRICK (GUY & STIFFLEG) (COMMERCIAL CONSTRUCTION ONLY)

511 STATIONARY TOWER CRANE UP TO 200 FEET

512 SELF-ERECTING TOWER CRANE 100 FEET AND OVER MEASURED FROM BOOM FOOT PIN(COMMERCIAL CONSTRUCTION ONLY)

513 TRAVELING TOWER CRANE (COMMERCIAL CONSTRUCTION ONLY)

514 TRUCK OR CRAWLER CRANE UP TO AND NOT INCLUDING 150 FEET OF BOOM, INCLUDINGJIB (COMMERCIAL CONSTRUCTION ONLY)

GROUP 4 2014-12-08 34.85 16.45 51.30

2015-05-01 35.65 17.15 52.80

515 CRAWLER BACKHOE INCLUDING ATTACHMENTS (COMMERCIAL CONSTRUCTION ONLY)

516 FIREPERSON, CHIEF BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY)

517 HOIST ENGINEER (THREE DRUMS OR MORE) (COMMERCIAL CONSTRUCTION ONLY)

518 LOCOMOTIVE (COMMERCIAL CONSTRUCTION ONLY)

519 OVERHEAD CRANE ( INSIDE BUILDING PERIMETER) (COMMERCIAL CONSTRUCTION ONLY)

06/10/15 6

520 TRACTOR . BOOM TYPE (COMMERCIAL CONSTRUCTION ONLY)

GROUP 5 2014-12-08 34.68 16.45 51.13

2015-05-01 35.48 17.15 52.63

521 AIR COMPRESSOR 450 CFM OR OVER (TWO OR MORE MACHINES) (COMMERCIALCONSTRUCTION ONLY)

522 CONCRETE MIXER (COMMERCIAL CONSTRUCTION ONLY)

523 CONCRETE PUMP UP TO 31 METERS/101 FEET OF BOOM

524 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL WHEN USED FOR CAISSON FORELEVATOR OR BUILDING CONSTRUCTION (COMMERCIAL CONSTRUCTION ONLY)

525 FORKLIFT (COMMERCIAL CONSTRUCTION ONLY)

526 FRONT END, SKID STEER 1 C YD AND OVER

527 HOIST ENGINEER ( ONE OR TWO DRUMS) (COMMERCIAL CONSTRUCTION ONLY)

528 MECHANIC-WELDER (ON POWER EQUIPMENT) (COMMERCIAL CONSTRUCTION ONLY)

529 POWER PLANT (100 KW AND OVER OR MULTIPLES EQUAL TO 100KW AND OVER)(COMMERCIAL CONSTRUCTION ONLY)

530 PUMP OPERATOR AND/OR CONVEYOR (TWO OR MORE MACHINES) (COMMERCIALCONSTRUCTION ONLY)

531 SELF-ERECTING TOWER CRANE UNDER 100 FEET MEASURED FROM BOOM FOOT PIN(COMMERCIAL CONSTRUCTION ONLY)

532 STRADDLE CARRIER (COMMERCIAL CONSTRUCTION ONLY)

533 TRACTOR OVER D2 (COMMERCIAL CONSTRUCTION ONLY)

534 WELL POINT PUMP (COMMERCIAL CONSTRUCTION ONLY)

GROUP 6 2014-12-08 33.17 16.45 49.62

2015-05-01 33.97 17.15 51.12

535 CONCRETE BATCH PLANT (COMMERCIAL CONSTRUCTION ONLY)

536 FIREPERSON, FIRST CLASS BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY)

537 FRONT END, SKID STEER UP TO 1 C YD

538 GUNITE MACHINE (COMMERCIAL CONSTRUCTION ONLY)

539 TRACTOR OPERATOR D2 OR SIMILAR SIZE (COMMERCIAL CONSTRUCTION ONLY)

540 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER

GROUP 7 2014-12-08 32.05 16.45 48.50

2015-05-01 32.85 17.15 50.00

541 AIR COMPRESSOR 600 CFM OR OVER (COMMERCIAL CONSTRUCTION ONLY)

542 BRAKEPERSON (COMMERCIAL CONSTRUCTION ONLY)

06/10/15 7

543 CONCRETE PUMP/PUMPCRETE OR COMPLACO TYPE (COMMERCIAL CONSTRUCTION ONLY)

544 FIREPERSON, TEMPORARY HEAT SECOND CLASS BOILER LICENSE (COMMERCIALCONSTRUCTION ONLY)

545 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS AND MILLINGMACHINES, OR OTHER SIMILAR POWER EQUIPMENT) (COMMERCIAL CONSTRUCTION ONLY)

546 PICK UP SWEEPER (ONE CUBIC YARD HOPPER CAPACITY) (COMMERCIAL CONSTRUCTIONONLY)

547 PUMP AND/OR CONVEYOR (COMMERCIAL CONSTRUCTION ONLY)

GROUP 8 * 2014-12-08 30.04 16.45 46.49

2015-05-01 30.84 17.15 47.99

548 ELEVATOR OPERATOR (COMMERCIAL CONSTRUCTION ONLY)

549 GREASER (COMMERCIAL CONSTRUCTION ONLY)

550 MECHANICAL SPACE HEATER (TEMPORARY HEAT NO BOILER LICENSE REQUIRED)(COMMERCIAL CONSTRUCTION ONLY)

TRUCK DRIVERS

GROUP 1 * 2014-12-08 34.24 15.97 50.21

601 MECHANIC . WELDER

602 TRACTOR TRAILER DRIVER

603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWEROPERATED WINCHES)

GROUP 2 2014-12-08 37.86 3.49 41.35

604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK

GROUP 3 * 2014-12-08 23.75 6.23 29.98

605 BITUMINOUS DISTRIBUTOR DRIVER

606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION)

607 THREE AXLE UNITS

GROUP 4 2014-12-08 35.82 8.18 44.00

608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER)

609 DUMP PERSON

610 GREASER

611 PILOT CAR DRIVER

06/10/15 8

612 RUBBER-TIRED, SELF-PROPELLED PACKER UNDER 8 TONS

613 TWO AXLE UNIT

614 SLURRY OPERATOR

615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER)

616 TRACTOR OPERATOR, UNDER 50 H.P.

SPECIAL CRAFTS

701 HEATING AND FROST INSULATORS 2014-12-08 41.31 19.84 61.15

702* BOILERMAKERS 2014-12-08 32.70 26.42 59.12

2015-01-01 34.10 26.42 60.52

703 BRICKLAYERS 2014-12-08 32.80 19.73 52.53

704 CARPENTERS 2014-12-08 34.11 17.27 51.38

2015-05-01 35.56 17.27 52.83

705 CARPET LAYERS (LINOLEUM) 2014-12-08 35.72 14.06 49.78

2015-05-01 37.17 14.06 51.23

706 CEMENT MASONS 2014-12-08 34.13 16.85 50.98

2015-05-01 35.43 16.85 52.28

707 ELECTRICIANS 2014-12-08 37.28 25.33 62.61

708 ELEVATOR CONSTRUCTORS 2014-12-08 44.21 31.69 75.90

2015-01-01 44.93 33.66 78.59

709 GLAZIERS 2014-12-08 36.71 15.67 52.38

2015-06-01 38.26 15.67 53.93

710* LATHERS 2014-12-08 35.36 16.04 51.40

2015-05-01 36.81 16.04 52.85

712 IRONWORKERS 2014-12-08 34.55 22.85 57.40

06/10/15 9

2015-05-01 36.05 22.85 58.90

714 MILLWRIGHT 2014-12-08 32.95 19.83 52.78

2015-05-01 34.35 19.83 54.18

715 PAINTERS (INCLUDING HAND BRUSHED, HANDSPRAYED, AND THE TAPING OF PAVEMENTMARKINGS)

2014-12-08 33.17 18.27 51.44

2015-05-01 34.42 18.27 52.69

716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OREXTRACTOR FOR PILING AND SHEETINGOPERATIONS)

2014-12-08 34.79 17.28 52.07

2015-05-01 36.35 17.28 53.63

717 PIPEFITTERS . STEAMFITTERS 2014-12-08 41.96 23.43 65.39

718 PLASTERERS 2014-12-08 35.34 15.87 51.21

2015-06-01 36.74 15.87 52.61

719 PLUMBERS 2014-12-08 41.09 20.86 61.95

720 ROOFER 2014-12-08 35.06 14.96 50.02

2015-05-01 36.06 14.96 51.02

721 SHEET METAL WORKERS 2014-12-08 40.00 22.48 62.48

2015-05-01 41.70 22.48 64.18

722 SPRINKLER FITTERS 2014-12-08 40.18 22.05 62.23

2015-01-01 40.03 22.20 62.23

723* TERRAZZO WORKERS 2014-12-08 30.44 18.77 49.21

724 TILE SETTERS 2014-12-08 28.28 20.61 48.89

725 TILE FINISHERS 2014-12-08 23.85 16.30 40.15

06/10/15 10

726 DRYWALL TAPER 2014-12-08 32.18 18.11 50.29

2015-05-01 33.03 18.11 51.14

727 WIRING SYSTEM TECHNICIAN 2014-12-08 35.24 14.03 49.27

728 WIRING SYSTEMS INSTALLER 2014-12-08 24.67 11.78 36.45

729 ASBESTOS ABATEMENT WORKER 2014-12-08 28.12 15.59 43.71

2015-01-01 29.13 15.96 45.09

730 SIGN ERECTOR 2014-12-08 26.34 11.28 37.62

2015-05-01 27.44 11.28 38.72

06/10/15 11


Summary of Work RECS Proj. No. 63SP0009 01010-1

SECTION 01010

SUMMARY OF WORK

PART 1 GENERAL 1.01 SECTION INCLUDES

A. Conditions of the Contract (General, Supplementary, and other Conditions), the General Requirements (Sections of Division One), and the Drawings apply to the Work of this Section.

B. Regulatory Requirements. C. Work Covered by Contract Documents. D. Contract Method. E. Commencement of the Work. F. Time for Completion. G. Work by Owner. H. Owner Furnished Products. I. Contractor Use of Site and Premises. J. Owner Occupancy.

1.02 REGULATORY REQUIREMENTS

A. Contractor shall obtain and pay for all required permits, fees, and licenses from authorities.

B. Contractor shall conform to applicable building codes for fire and life safety conditions.

C. Contractor shall conform to procedures applicable when discovering hazardous or contaminating materials.

D. Contractor shall conform to ANSI A117.1, Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People.

1.03 WORK COVERED BY CONTRACT DOCUMENTS

A. Work of this Contract shall consist of all General, Electrical and Low Voltage Construction work required for providing partial height security partition at the Law Library Reference Desk at the Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155.

1.04 CONTRACT METHOD

A. The Owner shall award a single Contract (AIA Document A201-1997) for the total work of the Project.

B. The term "Contractor" shall mean by definition the Prime Contractor for the Project. 1.05 COMMENCEMENT OF THE WORK

A. The Contractor shall neither commence the Work, nor allow any Subcontractor or Sub-subcontractor to commence the Work until: 1. Provide partitions and security doors to separate the Open Office 204 and

Reception 210. 2. Provide access control to the existing door at Room 203. Cut opening between

Rooms 203 and 204. Work in Item #2 is Add Alternate #1. 1.06 TIME FOR COMPLETION

A. Substantial Completion of the Project has been scheduled for September 11, 2015, and this is the date the Owner will occupy the building. There will be a period where


the Contractor will be allowed to correct and/or complete the Substantial Completion Inspection punch list items.

B. Final Completion of the Project shall occur on or before September 25, 2015.

1.07 WORK BY OWNER A. The Owner will award a contract which will commence on a later date to be

determined. B. Items noted 'NIC' (Not in Contract) will be furnished and installed by Owner as

indicated in the Contract Documents. C. Owner will remove and retain possession of the following items prior to start of work

as indicated in the Drawings.

1.08 OWNER FURNISHED PRODUCTS

A. Products furnished to the site and paid for by Owner: 1. As indicated in the Contract Documents.

B. Owner's Responsibilities: 1. Arrange for and deliver Owner reviewed shop drawings, product data, and

samples, to Contractor. 2. Arrange and pay for product delivery to site. 3. On delivery, inspect products jointly with Contractor. 4. Submit claims for transportation damage and replace damaged, defective, or

deficient items. 5. Arrange for manufacturers' warranties, inspections and service.

C. Contractor's Responsibilities: 1. Review Owner reviewed shop drawings, product data, and samples. 2. Receive and unload products at site; inspect for completeness or damage,

jointly with Owner. 3. Handle, store, install and finish products. 4. Repair or replace items damaged after receipt.

1.09 CONTRACTOR USE OF SITE AND PREMISES

A. Contractor shall limit use of site and premises to allow: 1. Owner occupancy. 2. Work by Others and Work by Owner. 3. Use of site and premises by public. 4. Construction operations and activities.

B. Contractor shall confine the Work, including all construction operations and activities within the construction limits indicated on the Drawings.

C. Emergency Building Exits during Construction: Maintain all required building exits necessary for fire and life safety conditions.

D. Utility Outages and Shutdown: Contractor shall obtain written permission from the Owner 48 hours in advance of any such occurrence. Provide and maintain proper shoring and bracing for existing underground utilities and sewers encountered during excavation work, protect them from collapse or movement, or other types of damage until such time as they are to be removed, incorporated into the new work or can be properly backfilled upon completion of new Work.

1. All such disruptions of services shall be limited to a maximum of one (1) hour. Prior to beginning any excavation, contact Gopher State One (1-800-252-1166) and utility companies for location of existing underground services.

F. Contractor shall assume full responsibility for the protection of and safekeeping of products and materials under his contract, stored on the site.

G. Contractor shall be responsible for providing and maintaining access roads for delivery of all materials and services to the site.

H. Contractor shall sign the building entry log upon entering and exiting the site. Identification badges bearing the worker’s name, company name and logo shall be worn at all times by Contractor’s personnel while on the site.


H. The construction shall occur during AFTER business hours from 5:00 PM to 6:00 AM Monday through Friday excluding Holidays.

1.12 OWNER OCCUPANCY

A. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement.

PART 2 PRODUCTS (not used)

PART 3 EXECUTION (not used)

END OF SECTION


Contract Modification Process RECS Proj. No. 63SP0009 01250-1

SECTION 01250

CONTRACT MODIFICATION PROCESS



B. Administrative and Procedure Requirements for Making Clarifications and

Proposals for Change and Changes to the Contract. 1. Architect's Supplemental Instruction (ASI). 2. Proposal Request (PR). 3. Contractor Proposed Changes (CPC). 4. Supplemental Agreement Construction Contract (SA).

1.03 CHANGE PROCEDURES

A. Architect's Supplemental Instruction: 1. The Architect will advise of minor changes in the Work not involving an

adjustment to Contract Sum or Contract Time by issuing supplemental instructions on AIA Document G710, "Architect's Supplemental Instructions".

B. Proposal Request:

1. The Architect may issue a Proposal Request on AIA Document G709, which includes a detailed description of a proposed change with supplementary or revised Drawings and Specifications, a change in Contract Time for executing the change, and the period of time during which the requested price will be considered valid.

2. Contractor shall respond to the proposed change describing the full effect of the Work. Include a statement describing the effect on the Contract Sum, Contract Time and the effect on Work by separate or other contractors. Include full documentation and indicate a period of time during which the proposed change will be considered valid.

C. Contractor Proposed Changes:

1. The Contractor may propose a change by submitting request for change to the Architect, describing the proposed change and its full effect on the Work.

2. Include a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors.

Contract Modification Process RECS Proj. No. 63SP0009 01250-2

D. Supplemental Agreement Construction Contract: 1. Changes to the Contract Sum or Contract Time will be issued on State of

Minnesota Admin. Form 908-01 (7/99) “Supplemental Agreement Construction Contract”.

2. The Architect will prepare the Supplemental Agreement and distribute to the Contractor and Owner for their acceptance and authorization.

PART 2 PRODUCTS

NOT USED

PART 3 EXECUTION

NOT USED

END OF SECTION

Application for Payment RECS Proj. No. 63SP0009 01295-1

SECTION 01295

APPLICATION FOR PAYMENT

PART 1 GENERAL

1.01 SECTION INCLUDES


B. Applications for Payment.

1.02 RELATED SECTIONS A. Submittals: Schedule of Values.

1.03 APPLICATIONS FOR PAYMENT A. Preparation of Applications:

1. Submit Three (3) copies of each application.

2. Obtain the application forms from the following website: http://www.admin.state.mn.us/recs/cs/cs-mgf.html Under “Forms,” “Construction Contracts,” click on Contractor Pay Requests. Page two of this form will be the schedule of values. Retain 5% per A201 section 9.6.1.1. Submit the completed form to the Architect of Record for approval. The Architect will then forward to the RECS Office at the State of Minnesota for payment. Payment is 30 days from receipt at RECS of non-contested requests.



END OF SECTION

http://www.admin.state.mn.us/recs/cs/cs-mgf.html


Project Meetings RECS Proj. No. 63SP0009 01315-1

SECTION 01315

PROJECT MEETINGS

PART 1 GENERAL

1.01 PROJECT MEETINGS A. The Contractor shall schedule and make arrangements for the weekly meetings

throughout progress of the Work. B. The Architect shall prepare agenda with copies for participants, preside at meetings,

record minutes and distribute copies within two days to Owner, Contractor, participants, and those affected by decisions made.

C. Attendance: 1. Owner’s representatives

2. Architect / Engineer and his or her professional consultants as needed. 3. Contractor’s project representative. 4. Major Subcontractors and suppliers, as appropriate to agenda topics for each

meeting. D. Agenda: The Architect will prepare the agenda. All items for inclusion shall be at the Architect’s

office two days prior to the meeting.



END OF SECTION


Submittal Procedures RECS Proj. No. 63SP0009 01330-1

SECTION 01330

SUBMITTAL PROCEDURES



B. Submittal Procedures. C. Construction Progress Schedules. D. Proposed Products List. E. Shop Drawings. F. Product Data. G. Samples. H. Manufacturers' Instructions. I. Manufacturers' Certificates.

1.02 SUBMITTAL PROCEDURES

A. Contractor shall transmit each submittal with Architect accepted form. B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and

detail number(s), and specification Section number, as appropriate. C. Apply Contractor's stamp, signed or initialed certifying that review, verification of

Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. Submittals without Contractor's signed stamp will not be reviewed, and will be returned to the Contractor.

D. Schedule submittals to expedite the Project, and deliver to Architect at business address. Coordinate submission of related items.

E. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work.

F. Provide space for Contractor and Architect review stamps. G. Revise and resubmit submittals as required, identify all changes made since

previous submittal. H. Distribute copies of reviewed submittals to concerned parties. Instruct parties to

promptly report any inability to comply with provisions. I. For the long-lead items such as door frame and hardware and access control

systems, Contractor shall submit the shop drawings within 7 days after the Notice to Proceed is executed.

1.03 CONSTRUCTION PROGRESS SCHEDULES

A. Contractor shall submit initial progress schedule in duplicate within 7 days after date of Owner-Contractor Agreement for Architect review.

B. Revise and resubmit as requested by Architect. C. Submit revised schedules with each Application for Payment, identifying changes

since previous version. D. Submit a horizontal bar chart with separate line for each major section of Work or

operation identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate

stages and other logically grouped activities. F. Indicate estimated percentage of completion for each item of Work at each

submission.

Submittal Procedures RECS Proj. No. 63SP0009 01330-2

G. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates, including those furnished by Owner and under Allowances.

1.04 PROPOSED PRODUCTS LIST

A. Contractor shall within 7 days after date of the Owner-Contractor Agreement, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product.

B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards.

1.05 SHOP DRAWINGS

A. Contractor shall submit in the form of one reproducible transparency, and two opaque reproductions.

B. After Architect/Engineer review, reproduce and distribute in accordance with Article on Procedures above and for Record Documents described in Section 01700 - Contract Closeout.

1.06 PRODUCT DATA

A. Contractor shall submit the number of copies which the Contractor requires, plus two copies which will be retained by the Architect.

B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project.

C. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01775 - Contract Closeout.

1.07 SAMPLES

A. Contractor shall submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.

B. Submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for Architect's selection.

C. Include identification on each sample, with full Project information. D. Submit the number or samples specified in individual specification Sections; one of

which will be retained by Architect. E. Reviewed samples which may be used in the Work are indicated in individual

specification Sections. 1.08 MANUFACTURER'S INSTRUCTIONS

A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, adjusting, and finishing, in quantities specified for Product Data.

B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.9 MANUFACTURER'S CERTIFICATES

A. When specified in individual specification Sections, submit manufacturers' certificate to Architect for review, in quantities specified for Product Data.

B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate.

C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Architect.

END OF SECTION

Temporary Facilities and Controls RECS Proj. No. 63SP0009 01500-1

SECTION 01500

TEMPORARY FACILITIES AND CONTROLS



B. Temporary Utilities: Electricity, Lighting, Heat, Ventilation, Telephone Service, Water Service, and Sanitary Facilities.

C. Temporary Controls: Interior Enclosures, Protection of Installed Work, Water Control, and Security.

D. Construction Facilities: Access Roads, Parking, Progress Cleaning, Project Identification, Removal of utilities, Facilities and Controls, and Field Offices and Sheds.

1.02 RELATED SECTIONS

A. Section 01775 - Contract Closeout: Final cleaning.

1.03 TEMPORARY ELECTRICITY

A. Power consumption shall not disrupt Owner's need for continuous service. B. Owner will pay cost of energy used. Exercise measures to conserve energy.

1.04 TEMPORARY LIGHTING

A. Provide and maintain lighting for construction operations to achieve a minimum lighting level of 2 watt/sq ft.

1.05 TEMPORARY HEAT

A. Provide heat devices and heat as required to maintain specified conditions for construction operations.

B. Owner will pay cost of energy used. Exercise measures to conserve energy. C. Maintain minimum ambient temperature of 50 degrees F in areas where construction is

in progress, unless indicated otherwise in specifications.

1.06 TEMPORARY VENTILATION

A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases.

1.07 TELEPHONE SERVICE

A. Contractor shall provide, maintain and pay for telephone service to field office at time of project mobilization.

1.08 TEMPORARY WATER SERVICE

A. Owner will pay cost of water used. Exercise measures to conserve water.

1.09 TEMPORARY SANITARY FACILITIES

A. Use Owner’s existing sanitary facilities.

1.10 INTERIOR ENCLOSURES

A. Provide sheet plastic barriers at least 4 mil in thickness as required to completely seal openings from the work area into adjacent areas. Seal the perimeter of all sheet plastic barriers with duct tape. Seal any air transfer ducts leading to adjoining non-affected

Temporary Facilities and Controls RECS Proj. No. 63SP0009 01500-2

areas. Maintain all required building exits necessary for fire and life safety conditions throughout construction.

1.11 PROTECTION OF INSTALLED WORK

A. Contractor shall protect installed Work and provide special protection where specified in individual specification Sections.

B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage.

C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. D. Protect finished floors and other surfaces from traffic, dirt, wear, damage, or movement

of heavy objects, by protecting with durable sheet materials.

1.12 SECURITY

A. Contractor shall provide security and facilities to protect Work, and existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft.

B. Coordinate with Owner's security program. Refer to Appendix D.

1.13 ACCESS ROADS

A. Coordinate with Owner before start of construction for the loading area and access to this remodeling area.

1.14 PARKING

A. Parking cost shall be by Contractor and coordinated with Owner.

1.15 PROGRESS CLEANING A. Contractor shall maintain areas free of waste materials, debris, and rubbish. Maintain

site in a clean and orderly condition. B. Broom and vacuum clean interior areas prior to start of surface finishing, and continue

cleaning to eliminate dust. C. Remove waste materials, debris, and rubbish from site daily and dispose off-site. D. Contractor may not maintain a dumpster on the site.

1.16 PROJECT IDENTIFICATION

A. No signs are allowed without Owner permission, except those required by law.

1.17 FIELD OFFICE

A. Coordinate with Owner before start of construction for field office needs.

1.18 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS

A. Clean and repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. Restore

permanent facilities used during construction to specified condition.



END OF SECTION

Contract Closeout RECS Proj. No. 63SP0009 01775-1

SECTION 01775

CONTRACT CLOSEOUT

PART 1 GENERAL

1.01 SECTION INCLUDES


B. Closeout Procedures. C. Final Cleaning. D. Adjusting. E. Project Record Documents. F. Operation and Maintenance Data. G. Warranties. H. Spare Parts and Maintenance Materials.

1.02 RELATED SECTIONS

A. Section 01500 - Temporary Facilities and Controls: Progress cleaning.

1.03 CLOSEOUT PROCEDURES

A. Contractor shall submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Architect's inspection.

B. Architect shall accompany Contractor on preliminary inspection to determine items to be listed for completion or correction in Contractor's notice of Substantial Completion.

C. Contractor shall provide "Building Certificate of Occupancy" from jurisdiction or municipality where project is located at time of Substantial Completion Inspection.

D. Architect shall develop the Certificate of Substantial Completion Form (AIA Document G704) for the signatures of the Architect, Contractor and Owner.

E. Owner shall occupy the project. F. Contractor shall comply with all requirements of the Substantial Completion

Document, and shall notify the Architect in writing when all punch list items have been completed, and a final inspection can be scheduled.

G. Architect shall accompany Contractor on Final Completion Inspection. H. As a part of the final Application for Payment, the Contractor shall submit a lien

waiver covering the total amount of the Contract. I. Contractor shall also submit lien waivers from every entity who may lawfully be

entitled to file a mechanics lien arising out of the Contract, including Suppliers, Subcontractors, and/or Sub-subcontractors.

J. Contractor shall execute "Contractor's Affidavit of Payment of Debts and Claims" (AIA Document G706), and "Contractor's Affidavit of Release of Liens" (AIA Document G706A).

K. Contractor shall submit Final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. Contractor shall have executed the "Consent of Surety Company to Final Payment" (AIA Document G707).

L. Contractor shall submit properly executed Minnesota Department of Revenue Form IC-134 “Withholding Affidavit for Contractors” from the Contractor and all Subcontractors.


1.04 FINAL CLEANING A. Contractor shall execute final cleaning prior to the Substantial Completion

Inspection. B. Clean interior and exterior glass and surfaces exposed to view; remove temporary

labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces.

C. Clean equipment and fixtures to a sanitary condition. D. Replace filters of operating equipment. E. Remove waste and surplus materials, rubbish, and construction facilities from the

site.

1.05 ADJUSTING

A. Contractor shall adjust operating Products and equipment to ensure smooth and unhindered operation.

1.06 PROJECT RECORD DOCUMENTS

A. Contractor shall maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples.

B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of

actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications.

E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish first floor datum. 2. Measured horizontal and vertical locations of underground utilities and

appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in

construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract Drawings.

F. Delete Architect title block and seal from all documents. G. Contractor shall submit record documents to Architect with claim for final Application

for Payment.

1.07 OPERATION AND MAINTENANCE DATA

A. Contractor shall submit two Operation and Maintenance Manuals as follows: Format shall be 8-1/2 x 11 inch size in portfolio form, neatly edited, with similar equipment grouped, tabbed and indexed. Materials shall be printed or typewritten.

B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required.

C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs.

D. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, type on 30 pound white paper.


E. Part 1: Directory, listing names, addresses, and telephone numbers of Architect, Contractor, Subcontractors, and major equipment suppliers.

F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for [special] finishes, including recommended

cleaning methods and materials and special precautions identifying detrimental agents.

G. Part 3: Project documents and certificates, including the following: 1. Shop drawings and product data. 2. Air and water balance reports. 3. Certificates. 4. Photocopies of warranties and bonds.

H. Contractor shall submit one copy of completed volumes in final form 15 days prior to final inspection. This copy will be returned after final inspection, with Architect comments. Revise content of documents as required prior to final submittal.

I. Contractor shall submit final volumes revised, within ten days after final inspection.

1.08 WARRANTIES

A. Contractor shall provide duplicate notarized copies. B. Contractor shall execute and assemble documents from Subcontractors, suppliers,

and manufacturers. C. Provide Table of Contents and assemble in three D side ring binder with durable

plastic or cloth cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated

submittal within ten days after acceptance, listing date of acceptance as start of warranty period.

1.09 SPARE PARTS AND MAINTENANCE MATERIALS

A. Contractor shall provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections.

B. Deliver to Project site at location as directed; obtain receipt from Architect prior to final payment.



END OF SECTION


Selective Demolition RECS Proj. No. 63SP0009 02410-1

SECTION 02410

SELECTIVE DEMOLITION

PART 1 GENERAL 1.1 SUMMARY

A. This section includes the following: 1. Demolition and removal of selected portions of a building. 2. Repair procedures for selective demolition operations.

B. Definitions: 1. Remove: Detach items from existing construction and legally dispose of them. 2. Remove and Salvage: Detach items from existing construction and deliver them to Government

ready for reuse. 3. Remove and Reinstall: Detach items from existing construction, prepare them for reuse, and

reinstall them where indicated. 4. Existing to Remain: Existing items of construction that are not to be removed.

1.2 MATERIALS OWNERSHIP

A. Except for items or materials indicated to be salvaged, reinstalled or otherwise indicated to remain the Government's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at Contractor's option.

B. Historical items, relics, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, antiques, and other items of interest or value to the Government, which may be encountered during selective demolition, shall remain the Government's property. 1. Carefully remove and salvage each item or object in a manner to prevent damage, and deliver it

promptly to the Government. 2. Cooperate with the Government's archaeologist or historical adviser.

1.3 SUBMITTALS

A. Proposed dust-control measures.

B. Proposed noise-control measures.

C. Schedule of Selective Demolition Activities: Indicate the following: 1. Detailed sequence of selective demolition work, with starting and ending dates for each activity. 2. Interruption of utility services. 3. Coordination for shutoff, capping, and continuation of utility services. 4. Use of elevator and stairs. 5. Locations of temporary partitions and means of egress. 6. Procedures to ensure uninterrupted progress of Government's on-site operations. 7. Coordination of Government's continuing occupancy of portions of existing building and of

Government's partial occupancy of completed Work.

D. Inventory: Items to be removed and salvaged.

E. Photographs or Videotape: Before work begins, submit sufficiently detailed photographs or videotapes showing existing conditions of adjoining construction and site improvements, including finish surfaces that might be misconstrued as damage caused by selective demolition operations.

F. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes.


1.4 QUALITY ASSURANCE

A. Demolition Firm Qualifications: Firm shall be a Specialist in demolition work of similar materials and extent to that indicated for this Project.

B. Regulatory Requirements: Comply with governing EPA notification regulations before starting selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.

C. Standards: Comply with NFPA 241 and ANSI A10.6.

D. Pre-Demolition Conference: Conduct conference at Project site to comply with requirements in Division 1 section "Project Meetings." Review methods and procedures related to selective demolition including, but not limited to, the following: 1. Inspect and discuss condition of construction to be selectively demolished. 2. Review structural load limitations of existing structure. 3. Review and finalize demolition schedule and verify availability of materials, demolition personnel,

equipment, and facilities needed to make progress and avoid delays. 4. Review requirements of work performed by other trades that rely on substrates exposed by

demolition operations. 1.5 PROJECT CONDITIONS

A. Government will occupy portions of the building immediately adjacent to selective demolition area. 1. Conduct selective demolition so Government operations will not be disrupted. 2. Provide the Owner's Project Manager with not less than 72 hours notice prior to activities that

will affect Government operations.

B. Maintain access to existing walkways, corridors and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from authorities having jurisdiction.

C. The Contractor shall remove and reinstall the existing items so indicated on the Drawings.

D. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work. If any material suspected of containing hazardous materials is encountered, do not disturb the material. 1. Immediately notify the Owner's Project Manager. 2. Hazardous materials will be removed by the Government.

E. On-site storage or sale of removed items or materials will not be permitted.

F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations.

G. Fire Protection: Maintain fire-protection services during selective demolition operations. 1.6 WARRANTIES

A. Existing Special Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials that do not void existing warranties.

PART 2 - PRODUCTS 2.1 REPAIR MATERIALS

A. Where available and appropriate for use, provide repair materials that are identical to existing materials.


B. Where identical materials are unavailable or cannot be used for exposed surfaces, use materials that visually match existing adjacent surfaces to the fullest extent possible.

C. Use materials whose installed performance equals or surpasses that of existing materials.

PART 3 - EXECUTION 3.1 EXAMINATION

A. Verify that utilities to be removed have been disconnected and capped.

B. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required.

C. Inventory and record the condition of items to be removed and reinstalled, and items to be removed and salvaged.

D. When encountering unanticipated mechanical, electrical or structural elements that conflict with the intended function or design, investigate and measure the nature and extent of the conflict. Promptly submit a written report to the Owner's Project Manager.

E. Survey the condition of the building to determine whether removing any element might result in a structural deficiency or unplanned collapse of any portion of the structure or adjacent structures during selective demolition.

F. Perform surveys as the selective demolition progresses to detect hazards resulting from the activities.

3.2 UTILITY SERVICES

A. Existing Utilities: Maintain services indicated to remain and protect them against damage during selective demolition operations.

B. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by authorities having jurisdiction. 1. Provide temporary services during interruptions to existing utilities, as acceptable to governing

authorities. 2. Provide not less than 72 hours notice to the Owner’s Project Manager if shutdown of service is

required during changeover.

C. Utility Requirements: Locate, identify, disconnect, and seal or cap off indicated utility services serving areas to be selectively demolished. 1. Arrange to shut off indicated utilities with utility companies. 2. Where utility services are required to be removed, relocated or abandoned, provide bypass

connections to maintain continuity of service to other parts of the building before proceeding with selective demolition.

3. Cut off pipe or conduit in walls or partitions to be removed. Cap, valve or plug and seal the remaining portion of pipe or conduit after bypassing.

4. Do not start selective demolition work until utility disconnection and sealing have been completed and verified.

3.3 PREPARATION

A. Dangerous Materials: Drain, purge or otherwise remove, collect and dispose of chemicals, gases, explosives, acids, flammables or other dangerous materials before proceeding with selective demolition operations.

B. Temporary Site Control: Remove debris and conduct demolition operations in a manner to ensure minimum interference with walkways, corridors, and other adjacent occupied or used facilities.


1. Do not close or obstruct walkways, corridors, or other adjacent occupied or used facilities without permission from the Owner's Project Manager and authorities having jurisdiction.

2. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations.

C. Temporary Facilities: Conduct demolition operations in a manner to prevent injury to people and damage to adjacent building and facilities to remain. Provide for safe passage of people around selective demolition area. 1. Erect temporary protection, fences, and railings where required by authorities having jurisdiction. 2. Protect walls, ceilings, floors and other existing finish work that are to remain and are exposed

during selective demolition operations. 3. Cover and protect furniture, furnishings and equipment that have not been removed.

D. Temporary Enclosures: Erect and maintain dustproof partitions and temporary enclosures to limit dust and dirt migration and to separate areas from fumes and noise.

E. Temporary Shoring: Provide and maintain shoring, bracing or other structural support to preserve stability and prevent movement, settlement or collapse of building to be selectively demolished. Strengthen or add new supports when required during the progress of selective demolition.

3.4 POLLUTION CONTROLS

A. Dust Control: Use temporary enclosures and other suitable methods complying with governing environmental protection regulations to limit the spread of dust and dirt. 1. Do not use water when it may damage existing construction or create hazardous or

objectionable conditions, such as pollution. 2. Wet mop floors to eliminate trackable dirt, and wipe down walls and doors of demolition

enclosure.

B. Disposal: Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 1. Remove debris from elevated portions of building by chute, hoist, or other device that will

convey debris to grade level.

C. Cleaning: Clean adjacent structures and site improvements of dust, dirt and debris caused by selective demolition operations. Return adjacent areas to condition existing before start of selective demolition.

3.5 SELECTIVE DEMOLITION

A. Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete selective demolition within limitations of governing regulations and as follows: 1. Proceed with selective demolition systematically. Conduct work in an order that avoids

transporting removed items and debris through areas with completed selective demolition work, and that allows for removal of items before supports for those items are removed in another area.

2. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage adjoining construction to remain. Use hand or small power tools designed for sawing or grinding, not for hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain.

3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces.

4. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain portable fire-suppression devices during flame-cutting operations, and maintain adequate ventilation when using cutting torches.

5. Remove decayed, vermin-infested and other dangerous or unsuitable materials, and promptly dispose of these materials off-site.


6. Lower removed structural framing members to ground by method suitable to avoid free fall and to prevent ground impact or dust generation.

7. Locate selective demolition equipment throughout the structure and remove debris and materials so as not to impose excessive loads on supporting walls, floors or framing.

8. Return elements of construction and surfaces to remain to condition existing before start of selective demolition operations.

B. Existing Facilities: Comply with building manager's regulations for using and protecting elevators, walkways, building entries and other building facilities during selective demolition operations.

C. Repair and Storage of Salvaged Items and Items to be Reinstalled: 1. Repair: Clean and repair the materials and equipment to functional condition adequate for

intended reuse. Paint damaged or deteriorated painted surfaces of equipment to match new equipment.

2. Storage: Store the materials and equipment in a secure area until final disposal.

D. Disposal of Salvaged Items and Items to be Reinstalled: 1. Reinstallation: Where items are indicated to be removed and reinstalled, install the materials

and equipment in locations indicated. Comply with installation requirements for new materials and equipment.

2. Delivery to Government: Where items are indicated to be removed and salvaged, transport the materials and equipment to the area on-site designated by the Owner’s Project Manager or indicated on the Drawings.

E. Protection of Salvaged Items: Pack or crate salvaged materials and equipment after removal. Identify contents of containers. Protect items from damage during transport and storage.

F. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by the Contracting Officer's Representative, items may be removed to a suitable, protected storage location during selective demolition and then cleaned and reinstalled in their original locations.

G. Concrete and Masonry: Demolish concrete and masonry in small sections. At junctures with construction to remain, cut concrete and masonry using power-driven masonry saw or hand tools; do not use power-driven impact tools.

3.6 PATCHING AND REPAIRS

A. Promptly patch and repair holes and damaged surfaces caused to adjacent construction by selective demolition operations.

B. Repairs: Where repairs to existing surfaces are required, patch to produce surfaces suitable for new materials. 1. Completely fill holes and depressions in existing masonry walls to remain with an approved

masonry patching material, applied according to the manufacturer's written recommendations.

C. Finishes: Restore exposed finishes of patched areas and extend finish restoration into adjoining construction to remain in a manner that eliminates evidence of patching and refinishing.

D. Floor and Wall Surfaces: Patch and repair floor and wall surfaces in each space where demolished walls or floors result in extending one finished area into another. Provide a flush and even surface of uniform color and appearance. 1. Closely match texture and finish of existing adjacent surface. 2. Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 3. Where patching smooth painted surfaces, extend final paint coat over entire unbroken surface

containing the patch after the patched surface has received primer and other specified undercoats.

4. Remove existing floor and wall coverings and replace with new materials, if necessary to achieve uniform color and appearance.

5. Where feasible, inspect and test patched areas to demonstrate integrity of the installation.


E. Ceilings: Patch, repair or rehang existing ceilings as necessary to provide an even-plane surface of uniform appearance.

3.7 DISPOSAL OF DEMOLISHED MATERIALS

A. Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site.

B. Do not burn demolished materials.

C. Disposal: Transport demolished materials off Government property and legally dispose of them.

END OF SECTION

Acoustical Insulation RECS Proj. No. 63SP0009 07200-1

Section 07200

Acoustical Insulation

Part 1 General

1.01 Summary A. Provide glass fiber acoustical insulation for interior partitions .

1.02 Materials Provided in Other Sections A. Section 09100-Metal Support Systems B. Section 09260-Gypsum Board\

1.03 References A. American Society for Testing and Materials (ASTM).

1. C 665 Specification for Mineral Fiber Blanket Thermal Insulation for Light Frame Construction and Manufactured Housing.

2. E 84 Test Method for Surface Burning Characteristics of Building Materials.

3. E 136 Test Method for Behavior of Materials in a Vertical Tube Furnace at 750C. 4. C 518 Test Method for Steady-State Thermal Transmission Properties by Means of the Heat

Flow Meter. 5. C423 Test Method for Sound Absorption Coefficient by the Reverberation Room Method

1.04 Submittals A. Product Data: Submit product literature, samples and installation instructions for specified

insulation.

1.05 Delivery, Storage and Handling A. Protect insulation from physical damage and from becoming wet, soiled, or covered with ice or

snow. Comply with manufacturer's recommendations for handling, storage and protection during installation. B. Label insulation packages to include material name, production date and/or product code.

1.06 Limitations A. Do not use unfaced insulation in exposed applications where there is potential for skin contact and

irritation. B. Kraft and standard foil facings will burn and must not be left exposed. The facing must be installed

in substantial contact with the unexposed surface of the ceiling and wall. Protect facing from any open flame or heat source.

Part 2 Products

2.01 Manufacturers A. Johns Manville B. Owens-Corning. C. Certainteed D. Knauf Fiberglass

2.02 Sound Attenuation Batts A. Type: Unfaced glass fiber acoustical insulation complying with ASTM C 665, Type I. B. Size:

Thickness 3 5/8” C. Surface Burning Characteristics: 1. Maximum flame spread: 10

Acoustical Insulation RECS Proj. No. 63SP0009 07200-2

2. Maximum smoke developed: 10 When tested in accordance with ASTM E 84.

D. Combustion Characteristics: Passes ASTM E 136. E. Fire Resistance Ratings: Passes ASTM E 119 as part of a complete fire tested wall assembly.

F. Sound Transmission Class: STC 51 (with 3 5/8” metal studs at 16” o.c. and 5/8” gypsum board on both sides)

G. Dimensional Stability: Linear Shrinkage less than 0.1%

Part 3 Execution

3.01 Inspection and Preparation A. Examine substrates and conditions under which insulation work is to be performed. A satisfactory

substrate is one that complies with requirements of the section in which substrate and related work is specified.

B. Verify mechanical and electrical services within the shaftwall have been tested and inspected. B. Obtain installer's written report listing conditions detrimental to performance of work in this

section. Do not proceed with installation of insulation until unsatisfactory conditions have been corrected.

C. Clean substrates of substances harmful to insulation.

3.02 Installation – Sound Attenuation Batts A. Comply with manufacturer's instructions for particular conditions of installation in each case.

B. Batts may be friction-fit in place until the interior finish is applied. Install batts to fill entire stud cavity. If stud cavity is less than 96" in height, cut lengths to friction-fit against floor and ceiling tracks. Walls with penetrations require that insulation be carefully cut to fit around outlets, junction boxes and other irregularities.

C. Where insulation must extend higher than 8 feet, temporary support can be provided to hold product in place until the finish material is applied.

3.03 Protection A. Protect installed insulation per manufacturer’s instructions.

END OF SECTION

Joint Sealer RECS Proj. No. 63SP0009 07900-1

SECTION 07900

JOINT SEALERS

PART 1 GENERAL

1.01 SUMMARY

A. Section Includes: 1. Installation of new sealants and joint backing.

1.02 REFERENCES

A. ASTM C 920 - Standard Specification for Elastomeric Joint Sealants; 2002.

B. ASTM C 1193 - Standard Guide for Use of Joint Sealants; 2000.

C. ASTM D 1667 - Standard Specification for Flexible Cellular Materials--Vinyl Chloride Polymers and Copolymers (Closed-Cell Foam); 1997.

D. SWRI – Sealants: Professional Guide; Sealant Waterproofing & Restoration Institute; 1995.

1.03 SUBMITTALS

A. Upon Request by the Owner submit the following: 1. Product Data: Provide data indicating sealant chemical characteristics.

a. Product data from manufacturer for each type of sealant product required. b. Certification by joint sealer manufacturer that sealants plus primers and cleaners

required for sealant installation complies with local regulations controlling use of volatile organic compounds.

c. Certificates from manufacturer of joint sealants attesting that their products comply with specifications and are suitable for the conditions and materials indicated.

d. Compatibility and adhesion test reports from joint sealer manufacturer that products have been tested with materials forming joint substrates for compatibility and adhesion. Include manufacturer’s interpretation of test results relative to sealant performance and recommendations for installation to achieve desired adhesion.

2. Samples: Submit two samples, 6 inches in length illustrating sealant colors for selection. 3. Manufacturer's Installation Instructions: Indicate special procedures.


A. Maintain one copy of each referenced document covering installation requirements on site.

B. Applicator Qualifications: Company specializing in performing the work of this specification with minimum 5 years experience.

1.05 MOCK-UP

A. Upon request by the Owner submit the following: 1. Preconstruction Field Adhesion Testing and Mockups: Conduct a test of all security joint

sealants materials specified and for each substrate that is part of the work, in advance of actual installation. a. Install sealant in joints 72 inches long using same materials and methods specified.

Allow sealant to fully cure before testing. b. Conduct testing in the presence of the Owner and sealant manufacturer's

representative. c. Make knife cuts from one side of joint to the other, followed by 2 cuts approximately 2

inches long at sides of joint and meeting cross cut on one end. Place mark on inch from cross-cut end of sealant piece.


d. Use fingers and grasp 2 inch piece of sealant between cross-cut end and one-inch mark; pull firmly at a 90 degree angle or more in the direction of side cuts while holding a ruler along side of sealant. Pull sealant out of joint to the distance recommended by manufacturer for testing sealant adhesive capabilities, but not less than the maximum movement capability in extension; hold this position for 10 seconds.

e. For joints of dissimilar substrates on each side of joint, check adhesion to each substrate separately. Do this by extending cut along one side, checking adhesion to opposite side, and then repeating this procedure for opposite side.

f. Note whether sealant in joint connected to pulled-out portion failed to adhere to joint substrates or tore cohesively. Include pull distance used to test each type of product and joint substrate. For sealants that fail adhesively, follow manufacturer's recommended procedures to improve performance and retest.

g. Sealants not exhibiting adhesive failure from testing will be considered satisfactory, subject to compliance with specifications. Do not proceed with the installation of sealants to substrates that did not pass tests, until re-testing shows that sealant will meet tests and is in compliance with specifications.

h. In addition the Owner will review installed sealant for aesthetic effects and color for approval to proceed with work.

2. Construct mock-up with specified sealant types and with other components noted. a. Locate where directed.

3. Mock-up may remain as part of the Work.

1.06 ENVIRONMENTAL REQUIREMENTS

A. Maintain temperature and humidity recommended by the sealant manufacturer during and after installation.

1.07 WARRANTY

A. Correct defective work within a five-year period after Date of Completion.

B. Warranty: Include coverage for installed sealants and accessories which fail to achieve airtight seal, exhibit loss of adhesion or cohesion, or do not cure.

PART 2 PRODUCTS

2.01 MANUFACTURERS

A. Silicone Sealants: 1. Bostik: www.bostik.com. 2. Dow Corning Corp: www.dowcorning.com. 3. Pecora Corporation: www.pecora.com. 4. Sonneborn Building Products, ChemRex, Inc: www.chemrex.com. 5. Tremco, Inc: www.tremcosealants.com.

2.02 SEALANTS

A. Silicone Sealant: ASTM C 920, Grade NS, Class 25, Uses NT, A, G, M, O; single component, solvent curing, non-sagging, non-staining, fungus resistant, non-bleeding. 1. Color: Standard colors matching finished surfaces. 2. Movement Capability: Plus and minus 25 percent. 3. Service Temperature Range: -65 to 180 degrees F (-54 to 82 degrees C). 4. Shore A Hardness Range: 15 to 35. 5. Applications: Use for:

a. Joints between glass and metal or other dissimilar materials. b. Joints between metal window or door framing components.

http://www.tremcosealants.com/


2.03 ACCESSORIES

A. Primer: Non-staining type, recommended by sealant manufacturer to suit application.

B. Joint Cleaner: Non-corrosive and non-staining type, recommended by sealant manufacturer; compatible with joint forming materials.

C. Joint Backing: Round foam rod compatible with sealant; ASTM D 1667, reticulated closed cell polyethylene foam; oversized 30 to 50 percent larger than joint width.

D. Bond Breaker: Pressure sensitive tape recommended by sealant manufacturer to suit application.

PART 3 EXECUTION

3.01 EXAMINATION

A. Verify that substrate surfaces and joint openings are ready to receive work.

B. Verify that joint backing and release tapes are compatible with sealant.

3.02 PREPARATION

A. Remove loose materials and foreign matter which might impair adhesion of sealant.

B. Clean and prime joints in accordance with manufacturer's instructions.

C. Perform preparation in accordance with manufacturer's instructions and ASTM C 1193.

D. Protect elements surrounding the work of this specification from damage or disfigurement.

3.03 INSTALLATION

A. Perform work in accordance with sealant manufacturer's requirements for preparation of surfaces and material installation instructions.

B. Perform installation in accordance with ASTM C 1193.

C. Measure joint dimensions and size joint backers to achieve the following: 1. Width/depth ratio of 2:1. 2. Neck dimension no greater than 1/3 of the joint width. 3. Surface bond area on each side not less than 75 percent of joint width.

D. Install bond breaker where joint backing is not used.

E. Install sealant free of air pockets, foreign embedded matter, ridges, and sags.

F. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges.

G. Tool joints to match existing joint configuration.

3.04 FIELD QUALITY CONTROL

A. Upon request by the Owner submit the following: 1. Field Adhesion Testing: Field test joint sealant adhesion to joint surfaces in exterior

substrates in the presence of the Owner. a. Perform one test, as described in this specification under "Preconstruction Adhesion

Testing", for each 1,000 feet or less of joint length, minimum one test per floor per elevation.

b. Inspect joints for complete fill, absence of voids, and joint configuration. Record results in a field adhesion test log. Indicate compliance or non-compliance.

c. Inspect tested joints and report the following:


1) Whether sealants in joints connected to pulled-out portion failed to adhere to joint substrates or tore cohesively. Include data on pull distance used to test each type of product and joint substrate. Compare these results to determine if adhesion passes sealant manufacturer's field-adhesion hand-pull test criteria.

2) Whether sealants filled joint cavities and are free from voids. 3) Whether sealant dimensions and configurations comply with specified

requirements. d. Record test results in a field adhesion test log. Include dates when sealants were

installed, names of persons who installed sealants, test dates, test locations, whether joints were primed, adhesion results and percent elongations, sealant fill, sealant configurations, and sealant dimensions.

e. Repair sealants pulled from te4st area by applying new sealants following same procedures used to originally seal joints that passed tests. Ensure that original sealant surfaces are clean and new sealant contacts original sealant.

2. Evaluation of Field Test results: Sealants not evidencing adhesive failure from testing or non-compliance with other indicated requirements, will be considered satisfactory. Remove all sealants that fail to adhere to joint substrates during testing or to comply with other requirements. Retest areas replaced to see if they are incompliance with adhesion and other requirements, remove, replace and retest until results prove sealants comply with specified requirements.

3.04 CLEANING

A. Clean adjacent soiled surfaces.

3.05 PROTECTION OF FINISHED WORK

A. Protect sealants until cured.

END OF SECTION

Hollow Metal Frames RECS Proj. No. 63SP0009 08110-1

SECTION 08110

HOLLOW METAL FRAMES

PART 1 GENERAL

1.1 SUMMARY

A. Section Includes:

1. Pressed steel hollow metal frames. 2. Rough bucks, frame reinforcing, closure panels, clip angles and anchorage. 3. Factory prime paint finish.

B. Related Sections:

1. Section 08710 - Hardware 2. Section 09900 - Painting

1.2 REFERENCES

A. ANSI/SDI-100-83 - Recommended Specifications - Standard Steel Doors and Frames, Steel Door Institute, unless herein specified.

B. ANSI A115.1-.17 - Specification for Door and Frame Preparation for Hardware.

C. ANSI A156.7 (Supersedes CS9-65) - Standard Template Hinge Dimensions.

1.3 SUBMITTALS

A. Shop Drawings: Submit in accordance with Section 01330. Indicate general construction, configurations, jointing methods, reinforcements, and location of hardware.


A. Applicable Standards: Specifications and standards of SDF 100-83.

B. Installer Qualification: Experience with installation of similar materials.

1.5 PRODUCT HANDLING

A. Deliver hollow metal doors in manufacturer's protective covering. Handle hollow metal with care to prevent damage.

B. Door Storage: Store doors in upright position, under cover. Place doors on at least 4 inch wood sills or on floors in manner that will prevent rust and damage. Do not use non-vented plastic or canvas shelters which create humidity chamber and promote rusting. If corrugated wrapper on door becomes wet, or moisture appears, remove wrapping immediately. Provide 1/4 inch space between doors to promote air circulation.

C. Frame Storage: Store frames under cover on 4 inch wood sills on floors in manner that will prevent rust and damage. Do not use non-vented plastic or canvas shelters which create humidity chamber and promote rusting. Store assembled frames in vertical position, 5 units maximum in stack. Provide 1/4 inch space between frames to promote air circulation.


PART 2 PRODUCTS

2.1 HOLLOW METAL

A. Acceptable Manufacturers: Trussbilt, Mesker, Pioneer, Steelcraft, Curries, Ceco, North Central Supply, Precision Metals, Republic, Kewanee, Security Metal Products.

B. Cold Rolled Steel Sheets: Cold formed, prime quality pickled, annealed stretcher level steel, free from scale, pitting or other surface defects, complying with ASTM A366.

C. Galvanized Steel Sheets: ASTM A526 or A527, G60 zinc coating. Use galvanized steel sheets for exterior hollow metal doors and frames.

D. Minimum gauges of hollow metal are specified below. Provide heavier gauge if required by details of specific condition. Entire frame and sidelight shall be of same gauge.

1. 16 gauge: Interior door frames, and glazed opening frames.

2.2 RELATED MATERIALS

A. Steel Reinforcing: ASTM A36.

B. Door Bumpers or Silencers: GJ-64.

2.3 HOLLOW METAL FRAMES

A. General: Form to profiles indicated. Where necessary, alternate details will be considered provided design intent is maintained. Consider and provide for erection methods.

B. Typical Reinforcing: Provide minimum hinge reinforcement 3/16 inch by 1-1/2 inch by 9 inch and lock strike reinforcement 3/16 inch by 1-1/2 inch by 4 inch long. Provide similar reinforcement for hardware items as required to adequately withstand stresses, minimum 12 gauge, including channel reinforcement for door closers and closer arms, door holders and similar items. Provide reinforcement and clearances for concealed in-head bar closers and for mortise locks.

C. Cover Plates: For hinge and strike plate cutouts, provide fully enclosed pressed steel cover boxes spot welded to frames behind mortises.

D. Hardware: Mortise, reinforce, drill and tap for mortise hardware, except drilling and tapping for surface door closers, door closer brackets and adjusters shall be done in field.

E. Anchorage: Provide standard and special anchorage items as required. Provide 12 gauge angle clips at bottom of frames with punched holes for securing frames to floor, except where frames are secured entirely by rough bucks. Provide formed steel channel spreader at bottom of frames, removable without damaging frame.

F. Silencers: Provide specified silencers, except where stop does not occur and at smoke gasketed openings, 3 per jamb at single door and one for each door at double doors.

G. Extensions: Reinforce transom bars or mullions as necessary to provide rigid installation. Where required (as at multiple openings) to stabilize large frames, provide frame or mullion extensions to anchor to structure above, proper size to fit within overhead construction. Provide angle clips to fasten to structure.

H. Mullions: Provide mullions, continuously reinforced, straight and without twist, of tubular design. For removable mullions provide fastenings of non-ferrous bolts at bottom, with sleeves at head of frame for mullion to clip over.


I. Clearances: Provide and be responsible for proper clearances at metal frames, including for weatherstripping, soundstripping and smoke gasketing. Glass clearance shall be thickness of glass plus clearance each side (1/8 inch minimum exterior - 1/16 inch minimum interior), adjust for installation, glass thickness to allow for glazing and sealant. Stops: Set with countersunk or Jackson head screws.

J. Joinings: At frames with equal width jambs and head, neatly miter on face (except locations as at transom bars and at frames with large head members). Cope and butt stops. Weld length of entire joint, including face and flat intersections. Grind smooth, at other frames, provide same mitered joint wherever possible (at intersection of jamb-head or jamb-sill) and at other locations butt metal neatly and full weld. If tight butt joints are utilized, joints shall be neatly caulked smooth.

K. Workmanship: Fabricate so no grind marks, hollow or other out-of-plane areas are visible. At joints of intermediate members (as mullions and transom bars), provide tight joining, neatly accomplished without holes, burned out spots, weld build up or other defacing work. Fill to close cracks and to preserve shapes. Tightly fit loose stops, to hairline joints.

L. Finish: Clean frames by degreasing process and apply thorough coating of baked-on primer, covering inside as well as outside surfaces. At galvanized frames, coat welds and other disrupted surface with zinc-rich paint containing not less than 90 percent zinc dust by weight.

2.4 FASTENINGS

A. Provide fastenings, anchors and clips as required to secure hollow metal work in place. Provide Jackson head screws, or flatter. Dimple metal work to receive screw heads. Set stops and other non-structural fastenings with #6 Jackson head self-tapping screws.

PART 3 EXECUTION

3.1 EXAMINATION

A. Examine supporting structure and conditions under which hollow metal is to be installed. Do not proceed with installation until unsatisfactory conditions have been corrected.

3.2 INSTALLATION

A. Install hollow metal in accordance with reviewed shop drawings and manufacturer's printed instructions. Securely fasten and anchor work in place without twists, warps, bulges or other unsatisfactory or defacing workmanship. Set hollow metal plumb, level, square to proper elevations, true to line and eye. Set clips and other anchors with Ramset "shot" anchors or drill in anchors as approved. Units and trim shall be fastened tightly together, with neat, uniform and tight joints.

B. Placing Frames: Set frames accurately in position, plumbed, aligned, and braced securely until permanent anchors are set. After wall construction is complete, remove temporary braces and spreaders leaving surfaces smooth and undamaged. In masonry construction, building-in of anchors and grouting of frames with mortar is specified in Section 04200 - Unit Masonry. At in-place concrete or masonry construction, set frames and secure in place with masonry anchorage devices with bolt heads neatly filled with metallic putty, ground smooth and primed.

C. Prime Coat Touch-Up: Immediately after installation, sand smooth rusted or damaged areas of prime coat and apply touch-up of compatible air-drying primer.

END OF SECTION


Wood Doors RECS Proj. No. 63SP0009 08210 - 1

SECTION 08210

WOOD DOORS

PART 1 GENERAL

1.1 SUMMARY


1. Prefinished solid core flush wood doors. a. Non-rated flush wood doors


1. Section 08110 - Hollow Metal Frames. 2. Section 08710 - Hardware.

1.2 REFERENCES

A. AWI Quality Standards of Architectural Woodwork Institute.

1.3 SUBMITTALS

A. Product Data: For each type of door. Include details of core and edge construction. Include factory-finishing specifications.

B. Shop Drawings and Product Data:

1. Indicate location, size, and hand of each door; elevation of each kind of door; construction details not covered in Product Data; location and extent of hardware blocking; and other pertinent data. a. Indicate hardware locations b. Indicate thickness of veneers. c. Indicate requirements for veneer matching. d. Indicate doors to be factory finished and finish requirements.

C. Samples:

1. Submit samples of wood veneer and factory finishing as follows: a. Factory finishes applied to actual door face materials, approximately 8 by 10 inches, for

each material and finish. b. For each wood species and transparent finish, provide set of 3 samples showing typical

range of color and grain to be expected in finished work.

D. Certification:

1. Submit certification that doors and frames comply with UBC 7-2.


A. AWI Quality Standard: Architectural Woodwork Quality Standards of Architectural Woodwork Institute for grade of door, core, construction, finish, and other requirements.

1.5 DELIVERY, STORAGE, AND HANDLING

A. Comply with requirements of referenced standard and manufacturer’s written instructions.

B. Package doors individually in cardboard cartons and wrap bundles of doors in plastic sheeting.

1. Stack wood doors as recommended by door manufacturer. 2. Use opaque plastic sheeting for natural finished doors.

C. Mark each door on top and bottom rail with opening number used on Shop Drawings.


1.6 WARRANTY

A. Special Warranty: Manufacturer’s stand form, signed by manufacture, Installer and Contractor, in which manufacturer agrees to repair or replace doors that are defective in materials or workmanship, have warped (bow, cup, or twist) more than ¼” in 42-by-84-inch section, or show telegraphing of core construction in face veneers exceeding 0,01 in 3-inch span.

1. Warranty shall also include installation and finishing that may be required due to repair or replacement of defective doors.

2. Warranty shall be in effect during the following period of time from date of Substantial Completion: a. Solid-Core Interior Doors: Life of installation.

PART 2 PRODUCTS

2.1 ACCEPTABLE MANUFACTURERS

A. Marshfield Door Systems

B. VT Industries

C. Eggers Industries

D. Algoma Hardwoods

2.2 NON-FIRE RATED DOOR TYPES

A. Non-Fire Rated Doors: Thickness: 1-3/4 inches, interior flush wood, bonded, solid core conforming to AWI PC-5 (ME);

1. AWI Construction Grade: Custom. 2. Core: 32 pcf density, type 1 particle board. 3. Adhesive: Type 1 for hot press application. 4. Stiles: Hardwood to match face veneer over structural composite lumber (SCL), glued to core. 5. Rails: Mill option hardwood or SCL. Top and bottom: 5 inches. 6. Crossbanding: 1/20 inch thick hardwood. 7. Facing (WD): Wood veneer as specified.

2.3 DOOR FACING

A. Wood Veneer: AWI Grade A.

1. Thickness: 1/50 inch thick before final sanding. 2. Species:

a. Premium Grade. Sliced red oak with matching edges. Vertical grain. Factory prefinished. 3. Cut: Plain sliced. 4. Appearance: Book match.

2.4 FINISHING

1. Transparent Finish: In accordance with AWI Quality Standards Section 1500. a. Finish Grade: Premium Grade.

1) AWI System No.TR-6 Catalyzed Polyurethane

2.5 ADHESIVES

A. Facing and Crossband Adhesive: Type 1 waterproof.

B. Door Construction: Type 2.

2.6 FABRICATION

A. Fabricate wood doors in accordance with requirements of AWI Quality Standards.


B. Fabricate doors with AWI Quality Standards hardware blocking options as follows:

1. Provide head and sill rails on all doors 2. Provide lock-block at mineral core doors at latch side only. 3. Provide cross blocking only when exit devices are specified for door 4. Provide hook block for pivots or when floor bolts are specified under Section 08710 –Hardware.

C. Provide doors with minimum 1-1/4 inch thick edge strips, of wood species to match face veneers.

D. Bevel strike edge of single acting doors 1/8 inch in 2 inches. Radius strike edge of double acting swing doors 2-1/8 inches.

E. Edge of wood doors to be sealed.

F. Prepare doors to receive hardware. Refer to Section 08710 - Hardware

1. Prefit and bevel to net opening size less approximately 3/16 inch in width and provide 1/4 inch clearance above finished floor, unless otherwise indicated on drawings.

2. Slightly ease vertical edges.

PART 3 EXECUTION

3.1 EXAMINATION

A. Examine installed door frames before hanging doors.

B. Verify that frames comply with indicated requirements for type, size, location, and swing characteristics and have been installed with plumb jambs and level heads.

C. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2 INSTALLATION

A. Install wood doors in accordance with AWI Quality Standards Section 1700 - Installation of Architectural Woodwork.

B. Install in neat and workmanlike manner, free from hammer or tool marks, open joints or slivers.

C. Set plumb, level, square and true. Install work after building humidity is at acceptable level.

D. Adjust prefinished doors and hardware and other moving or operating parts to function smoothly and correctly.

E. Ensure that smoke gaskets are in-place before prefinished door installation.

3.3 CLEANING AND PROTECTION

A. Clean prefinished doors and hardware.

B. At clear finished doors, do not partially cover door surfaces with paper, cardboard, or other opaque covering that will create uneven aging of wood veneer.

C. Protect doors as directed under Section 01700.

END OF SECTION


Door Hardware RECS Proj. No. 63SP0009 08710 - 1

SECTION 08710

DOOR HARDWARE

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes: 1. Door Hardware for wood doors. 2. Access control components and or systems specified within this section.

B. Related Items: 1. Section 08110, Hollow Metal Frames. 2. Section 08210, Wood doors 3. Section 08810, Glazing 4. Conduit and power connections: Refer to Division 16.

1.2 REFERENCES

A. ANSI/ICC A117.1 - American National Standard for Accessible and Usable Buildings and Facilities; International Code Council; 1998.

B. BHMA A156.1 - American National Standard for Butts and Hinges; Builders Hardware Manufacturers Association, Inc.; 2000 (ANSI/BHMA A156.1).

C. BHMA A156.2 - American National Standard for Bored and Preassembled Locks & Latches; Builders Hardware Manufacturers Association; 1996 (ANSI/BHMA A156.2).

D. BHMA A156.3 - American National Standard for Exit Devices; Builders Hardware Manufacturers Association; 2001 (ANSI/BHMA A156.3).

E. BHMA A156.4 - American National Standard for Door Controls - Closers; Builders Hardware Manufacturers Association, Inc.; 2000 (ANSI/BHMA A156.4).

F. BHMA A156.5 - American National Standard for Auxiliary Locks & Associated Products; Builders Hardware Manufacturers Association; 2001 (ANSI/BHMA A156.5).

G. BHMA A156.6 - American National Standard for Architectural Door Trim; Builders Hardware Manufacturers Association; 2001 (ANSI/BHMA A156.6).

H. BHMA A156.8 - American National Standard for Door Controls - Overhead Stops and Holders; Builders Hardware Manufacturers Association, Inc.; 2000 (ANSI/BHMA A156.8).

I. BHMA A156.13 - American National Standard for Mortise Locks & Latches; Builders Hardware Manufacturers Association; 2002 (ANSI/BHMA A156.13).

J. BHMA A156.15 - American National Standard for Closer Holder Release Devices; Builders Hardware Manufacturers Association; 2001 (ANSI/BHMA A156.15).

K. BHMA A156.16 - American National Standard for Auxiliary Hardware; Builders Hardware Manufacturers Association; 2002 (ANSI/BHMA A156.16).

L. BHMA A156.18 - American National Standard for Materials and Finishes; Builders Hardware Manufacturers Association, Inc.; 2000 (ANSI/BHMA A156.18).

M. BHMA A156.21 - American National Standard for Thresholds; Builders Hardware Manufacturers Association; 2001 (ANSI/BHMA A156.21).

N. BHMA A156.22 - American National Standard for Door Gasketing Systems; Builders Hardware Manufacturers Association; 2001 (ANSI/BHMA A156.22).

O. BHMA A156.23 - American National Standard for Electromagnetic Locks; Builders Hardware Manufacturers Association, Inc.; 1999 (ANSI/BHMA A156.23).

P. BHMA A156.24 - American National Standard for Delayed Egress Locks; Builders Hardware Manufacturers Association; 1999 (ANSI/BHMA A156.24).


Q. DHI A115 Series - Specifications for Steel Doors and Frame Preparation for Hardware; Door and Hardware Institute; current edition.

R. DHI A115W Series - Specifications for Wood Door and Frame Preparation for Hardware; Door and Hardware Institute; 2000.

S. DHI (LOCS) - Recommended Locations for Architectural Hardware for Standard Steel Doors and Frames; Door and Hardware Institute; 2001.

T. DHI WDHS.3 - Recommended Locations for Architectural Hardware for Wood Flush Doors; Door and Hardware Institute; 1993.

U. NFPA 80 - Standard for Fire Doors and Fire Windows; National Fire Protection Association; 1999.

V. NFPA 101 - Code for Safety to Life from Fire in Buildings and Structures; National Fire Protection Association; 2003.

W. NFPA 105 - Standard for the Installation of Smoke Door Assemblies; National Fire Protection Association; 2003.

X. NFPA 252 - Standard Methods of Fire Tests of Door Assemblies; National Fire Protection Association; 2003.

Y. UL (BMD) - Building Materials Directory; Underwriters Laboratories Inc.; current edition.

1.3 SUBMITTALS

A. When requested by Owner, submit the following: 1. Shop Drawings:

a. Indicate locations and mounting heights of each type of hardware, schedules, catalog cuts, electrical characteristics and connection requirements.

2. Samples: a. Submit 1 sample of hinge, latchset, lockset, closer, and ________ illustrating style,

color, and finish. b. Samples will be returned to supplier.

3. Project Record Documents: Record actual locations of concealed equipment, services, and conduit.

4. Maintenance Data: Include data on operating hardware, lubrication requirements, and inspection procedures related to preventative maintenance.

5. Keys: Deliver with identifying tags to Owner by security shipment direct from hardware supplier.

6. Warranty: Submit manufacturer's warranty and ensure that forms have been completed in Owner's name and registered with manufacturer.


A. Perform work in accordance with the following requirements: 1. NFPA 80. 2. NFPA 105. 3. NFPA 101. 4. NFPA 252.

B. Hardware Supplier Personnel: Employ a Certified Architectural Hardware Consultant (AHC) to assist in the work of this section.


A. Conform to applicable code for requirements applicable to fire rated doors and frames.

B. All Hardware on Fire-Rated Doors: Listed and classified by UL as suitable for the purpose specified and indicated.

C. Products Requiring Electrical Connection: Listed and classified by UL as suitable for the purpose specified and indicated.

1.6 DELIVERY, STORAGE, AND PROTECTION


A. Package hardware items individually; label and identify each package with door opening code to match hardware schedule.

1.7 COORDINATION

A. Coordinate the work with other directly affected sections involving manufacture or fabrication of internal reinforcement for door hardware.

B. Furnish templates for door and frame preparation.

C. Sequence installation to ensure utility connections are achieved in an orderly and expeditious manner.

D. Coordinate Owner's keying requirements during the course of the Work.

1.8 WARRANTY

A. Guarantee workmanship and material provided against defective manufacture. Repair or replace defective workmanship and material appearing within warranty period which begins after installation. Warranty periods are to be provided as follows: 1. Hinges: 1 year. 2. Pivots: 1 year. 3. Power Transfer: 5 year. 4. Cylindrical Locks: 5 years. 5. Mortise Locks: 5 years. 6. Deadbolt Locks: 5 years. 7. Electric Strikes: 5 years. 8. Exit Devices: 5 years. 9. Closers: 5 years. 10. Stops/Holders/Bolts/Coordinators: 1 year. 11. Door Bottoms/Thresholds/Sweeps/Gasketing: 1 year. 12. Kick/Armor/Edging Plates: 1 year.

PART 2 - PRODUCTS

2.0 SCREWS AND FASTENERS

A. Fasteners: 1. Including, but not limited to wood or machine screws, bolts, nuts, anchors, etc. of proper type,

size, material, and finish required for installation of hardware. 2. Phillips head for exposed screws. Do not use aluminum screws to attach hardware.

2.1 HINGES

A. General: Plated contract grade material, fabricated to template for use with metal doors or frames, with flat button tips, non-rising loose steel pins, and beveled or non-beveled inner edge. 1. Non-removable loose pin hinges for exterior outswing doors. 2. Non-ferrous base metal for exterior doors. 3. Ball bearing hinges of proper size and weight for labeled doors. 4. Drill 5/32 inch hole and use No. 12, 1-1/4 inch steel threaded to the head wood screws for

hinges on wood doors.

B. Hinge: Complying with ANSI/BHMA A156.1 1. Manufacturers:

a. Mckinney Products Company: www.mckinneyhinge.com. 4.5”x4.5”, MMC TA 2714 b. Hager Companies: www.hagerhinge.com. c. Stanley Hardware: www.stanleyworks.com.

2. Interior Doors: Type 8112 floor doors 36 inches wide or less. 3. All hinge leaves are to be sufficiently wide to allow doors to swing clear of door frame and

trim. 4. Coordinate preparation for hinge cut-outs and screw hole locations on new doors and

frames.

http://www.mckinneyhinge.com/


9. Number of Hinges per Door: a. Doors over 5 feet but less than 7 feet 6 inches in height: 3 hinges.

C. Schedule of acceptable manufacturers:

BOMMER HAGER MCKINNEY STANLEY

Hinge: BB5000 BB1279 TA2714 FBB179

2.2 POWER TRANSFER

A. In-door wiring must use Von Duprin EPT-10 313.

2.3 LOCKSETS

A. Electrified Mortise Locks: Complying with ANSI/BHMA A156.2 1. Manufacturers:

a. Sargent Manufacturing Company: www.sargentlock.com. Sargent 8270 LNP b. Best Access Systems: www.bestlock.com. c. Schlage: www.schlage.com. d. Yale-Corbin U.S.: www.yalesecurity.com.

2. All locks are to be in compliance with ADA requirements

2.4 DOOR CLOSERS

A. Cast iron or aluminum of sizes recommended by manufacturer with forged steel or stamped steel arms, brackets, and accessories as required by surrounding conditions. Full rack and pinion mechanism with adjustable controls on Sweep", "Latch", and "Backcheck" speeds, with tamper-proof tool and independent valve key adjusting features.

B. Medium Projection Closers: Universal mounting and multi-sized modern surface type with full cover, ( unless other types are required by special conditions or are specified in the hardware groups ). 1. Acceptable manufacturers:

Brand Series

LCN 4041

Norton 7500

Sargent 351

Yale 4400

2.5 ELECTRIC STRIKE

A. Acceptable manufacturers and respective catalog numbers: Von Duprin Hess

1 Type 1 6000 Series 1006-KM

B. provide electric strikes designed for use with the type of locks shown at each opening where specified.

C. Electric strikes shall be UL listed as Burglary-Resistant Electric Door Strikes and where required shall be UL listed as Electric Strike for Fire Doors.

D. Provide transformers and rectifiers for each strike as required. Verify voltage with electrical contractor.

http://www.sargentlock.com/

http://www.yalesecurity.com/


2.6 KICK PLATES

A. Kick Plates: 16 gauge ( .050 ). Finish and material as specified under "Finishes", beveled top and side edges ( B3E ) in widths 2 inches less than door width on single doors, 1 inch less than door width on pairs of doors without mullion. Height 10 inches ( or 1/2 inch less than height of bottom rail whichever is less ). 1. Hiawatha specified. 2. Acceptable products of the following manufacturers:

a. Burns. b. Hager. c. Quality. d. Trimco.

2.7 WALL STOPS

A. Use wall stops to prevent damage to the door, hardware, and surrounding surfaces. Wall stops must be wall mounted. 1. Manufactures

a. Trimco: 1270WV b. Ives WS40CCV c. Burns: 575

2.8 GENERAL REQUIREMENTS FOR DOOR HARDWARE PRODUCTS

A. Provide products that comply with the following: 1. Applicable provisions of Federal, State, and local codes. 2. ANSI/ICC A117.1, American National Standard for Accessible and Usable Buildings and

Facilities. 3. Applicable provisions of NFPA 101, Life Safety Code. 4. Fire-Rated Doors: NFPA 80. 5. All Hardware on Fire-Rated Doors: Listed and classified by UL as suitable for the purpose

specified and indicated. 6. Hardware for Smoke and Draft Control Doors (Indicated as "S" on Drawings): Provide

hardware that enables door assembly to comply with air leakage requirements of UBC Std 7-2, Part II.

7. Products Requiring Electrical Connection: Listed and classified by UL as suitable for the purpose specified and indicated.

2.9 KEYING

A. Door Locks: Key to match existing keying system and masters.

B. Supply keys in the following quantities: 1. 2 change keys for each lock. 2. Provide 10 master keys for each new master key set.

2.10 FINISHES

A. Finishes: All hardware is to be US10B, Bronze, unless noted otherwise.

PART 3 EXECUTION

3.1 EXAMINATION

A. Verify that doors and frames are ready to receive work and installation will match original and can be completed as instructed by the manufacturer.

B. Prior to replacing hardware determine condition and if hardware only needs repair versus replacement. Determine the cause and extent of non-functioning hardware by thoroughly


inspecting to determine if hardware is to be repaired, salvaged or replaced. Inspect for: 1. Wear - especially moving parts. 2. Parts - which have either failed or become unsecured, broken, cracked, missing, or loose. 3. Finish - finish/coating failures such as chips, peeling checks, bubbling, and wear. 4. Corrosion - rusting or discoloration caused by moisture, deicing salts, acids, soils, cements

or plasters, ashes, and sulfur compounds.

3.2 INSTALLATION

A. Install hardware in accordance with manufacturer's instructions and applicable codes.

B. Use templates provided by hardware item manufacturer.

C. Install hardware on fire-rated doors and frames in accordance with code and NFPA 80.

D. Mounting heights for hardware from finished floor to center line of hardware item: As listed in Schedule, unless otherwise noted: 1. For steel doors and frames: Comply with DHI "Recommended Locations for Architectural

Hardware for Steel Doors and Frames." 2. For wood doors: Comply with DHI "Recommended Locations for Architectural Hardware

for Wood Flush Doors."

3.3 ADJUSTING

A. Adjust hardware for smooth operation. Making sure that doors close and latch completely.

B. Mounting Heights/Dimensions: 2. Comply with manufacturer's printed instructions to install hardware at specified mounting

heights. Supplier to make available jigs for hardware installation. Install and protect hardware until substantial completion.

3. Hinges: a. Bottom of frame to center line of bottom hinge up to 13 inches. b. Finish door frame head to center line of top hinge up to 11-3/4 inches. c. Others spaced equally. d. For hollow metal doors x hollow metal frames, comply with hollow metal manufacturer's

standard hinge locations. 4. Lever locks and latches: Bottom of frame to center line of strike shall be 40-5/16 inches. 5. Closers:

a. Mount on corridor side of lobby doors, room side of corridor doors, and stair side of stairways.

b. Parallel arm installation where possible on exterior doors. c. Through-bolt installation not permitted, coordinate with door suppliers.

6. Kick plates: Bottom within 1/8 inch of door bottom, attach with Phillips head screws. 7. Door stops: (Coordinate for proper blocking where required in Section 09260).

a. 234W (to catch knob or pull). b. 272W, 2-1/2 inches below head, backset as required to keep doors from striking. c. 255W, 6'-6" up from finish concrete floor.

C. Mounting heights shall comply with Door and Hardware Institute recommended locations for standard steel doors and frames.

3.4 ADJUSTING

A. Prior to completion of Project, ascertain that doors closers are in adjustment so closer completes its full closing cycle in less than 4 to 6 seconds without abrupt change of speed between "Sweep" and "Latch" speeds. Adjust "Backcheck" according to manufacturer's instructions. Verify that levers are free from binding. Ensure that latchbolts and deadbolts are engaged into strike and hardware is functioning. Turn over wrenches and adjusting tools, provided with hardware, to Owner.

3.5 HARDWARE GROUPS AND SUFFIX KEY

A. Hardware group suffixes indicate a variation to the group as follows:


GROUP-1 Hinges as specified 1 Power Transfer EPT-10 313 1 Lockset: 8270 LNP US10B Functions: Power ON, locks outside lever

Specify voltage: 12VDC or 24VDC (operates from 12/24 VDC Key outside retracts latchbolt

Lever outside retracts latchbolt, except when locked Lever outside can only be locked electronically Lever inside always retracts latchbolt Auxiliary deadlatch

1 Cylinder: Typically Sargent “Signature” 1 Closer 2 Kick Plates 1 Wall Stop

GROUP-2 Hinges: 3 existing Lockset: 1 existing (Sargent 8200 LNP, Office Function) 1 Electric Strike: Hess 1006-KM 1ea. Hess Smart Pac III in line power controller

Closer: 1 existing Kick Plates: 2 existing Wall Stop: 1 existing

END OF SECTION


Glazing RECS Proj. No. 63SP0009 08810 - 1

SECTION 08810

GLAZING

PART 1 GENERAL

1.01 SUMMARY

A. Section Includes: 1. Glazing compounds and accessories.

1.02 REFERENCES

A. ANSI Z97.1 - American National Standard for Safety Glazing Materials Used in Buildings, Safety Performance Specifications and Methods of Test; 1984 (R1994).

B. ASTM C 669 - Standard Specification for Glazing Compounds for Back Bedding and Face Glazing of Metal Sash; 2000.

C. ASTM C 864 - Standard Specification for Dense Elastomeric Compression Seal Gaskets, Setting Blocks, and Spacers; 1999.

D. ASTM C 920 - Standard Specification for Elastomeric Joint Sealants; 2002.

E. ASTM C 1036 - Standard Specification for Flat Glass; 2001.

F. ASTM C 1048 - Standard Specification for Heat-Treated Flat Glass--Kind HS, Kind FT Coated and Uncoated Glass; 1997b.

G. ASTM C 1172 - Standard Specification for Laminated Architectural Flat Glass; 1996.

H. ASTM C 1193 - Standard Guide for Use of Joint Sealants; 2000.

I. ASTM E 773 - Standard Test Method for Accelerated Weathering of Sealed Insulating Glass Units; 2001.

J. ASTM E 774 - Standard Specification for the Classification of the Durability of Sealed Insulating Glass Units; 1997.

K. ASTM E 1300 - Standard Practice for Determining Load Resistance of Glass in Buildings; 2002.

L. GANA (GM) - GANA Glazing Manual; Glass Association of North America; 1997.

M. GANA (SM) - FGMA Sealant Manual; Glass Association of North America; 1990.

1.03 PERFORMANCE REQUIREMENTS

A. Service: The Contractor should stock, if possible, all glass materials specified to make repairs at the time of first response. In the event repairs cannot be completed at the first response, the completed repairs may not exceed 96 hours after the initial call for repairs. 1. Response time shall not exceed 2 hours from the time of initial call by the Agency for

emergency service. 2. When an immediate repair is not possible, the Contractor may be requested to secure the

opening to the greatest extent practical in order to protect the integrity of the facility, its occupants and contents.

3. In the event that a repair takes more than 24 hours to complete; a daily progress report by the Contractor will be required. Status calls should be made to the appropriate Owner's representative and an expected completion time refined at each report.

1.04 SUBMITTALS

A. If requested by Owner, submit the following: 1. Product Data on Glass Types: Provide structural, physical and environmental

characteristics, size limitations, special handling or installation requirements. 2. Product Data on Glazing Compounds: Provide chemical, functional, and environmental

characteristics, limitations, special application requirements. Identify available colors. 3. Samples: Submit two samples 12 x 12 inches in size of glass units. 4. Certificates: Certify that products meet or exceed specified requirements.



A. Perform Work in accordance with GANA Glazing Manual and FGMA Sealant Manual for glazing installation methods.


A. Do not install glazing when ambient temperature is less than 50 degrees F (10 degrees C).

B. Maintain minimum ambient temperature before, during and 24 hours after installation of glazing compounds.

1.07 WARRANTY

A. Provide a five (5) year warranty to include coverage for sealed glass units from seal failure, interpane dusting or misting, and replacement of same.

B. Provide a five (5) year warranty to include coverage for delamination of laminated glass and replacement of same.

PART 2 PRODUCTS

2.01 FLAT GLASS MATERIALS

A. Manufacturers: 1. AFG Industries, Inc: www.afgglass.com. 2. Guardian Industries Corporation: www.guardian.com. 3. Pilkington Building Products North America: www.pilkington.com. 4. PPG Industries, Inc: www.ppg.com. 5. Viracon, Apogee Enterprises, Inc: www.viracon.com. 6. Visteon Glass Systems: www.visteon.com.

B. Tempered Safety Glass: Type; fully tempered with horizontal tempering. 1. Comply with ASTM C 1036, Type I, transparent flat, Class 1 clear, Quality Q3 (glazing

select) and ASTM C 1048. 2. Comply with ANSI Z97.1. 3. 6 mm minimum thick. 4. Colors: Provide clear as requested by Owner to match existing.

2.03 GLAZING COMPOUNDS

A. Manufacturers: 1. Dow Corning Corp: www.dowcorning.com. 2. GE Plastics: www.geplastics.com. 3. Pecora Corporation: www.pecora.com.

B. Silicone Sealant: Single component; neutral curing; capable of water immersion without loss of properties; non-bleeding, non-staining; ASTM C 920, Type S, Grade NS, Class 25, Uses M, A, and G; cured Shore A hardness of 15 to 25; color as selected.

2.04 GLAZING ACCESSORIES

A. Setting Blocks: Neoprene, 80 to 90 Shore A durometer hardness, ASTM C 864 Option I. Length of 0.1 inch for each square foot (25 mm for each square meter) of glazing or minimum 4 inch (100 mm) x width of glazing rabbet space minus 1/16 inch (1.5 mm) x height to suit glazing method and pane weight and area.

B. Spacer Shims: Neoprene, 50 to 60 Shore A durometer hardness, ASTM C 864 Option I. Minimum 3 inch (75 mm) long x one half the height of the glazing stop x thickness to suit application, self adhesive on one face.

C. Glazing Tape: Preformed butyl compound with integral resilient tube spacing device; 10 to 15 Shore A durometer hardness; coiled on release paper; black color.

D. Glazing Clips: Manufacturer's standard type.


PART 3 EXECUTION

3.01 EXAMINATION

A. Verify that openings for glazing are correctly sized and within tolerance.

B. Verify that surfaces of glazing channels or recesses are clean, free of obstructions, and ready to receive glazing.

3.02 PREPARATION

A. Clean contact surfaces with solvent and wipe dry.

B. Seal porous glazing channels or recesses with substrate compatible primer or sealer.

C. Prime surfaces scheduled to receive sealant.

D. Install sealants in accordance with ASTM C 1193 and FGMA Sealant Manual.

E. Install sealant in accordance with manufacturer's instructions.

3.03 INSTALLATION - GENERAL A. Other Glass:

1. Installation in Frames: a. Cut glazing tape to length and install against permanent stops, projecting 1/16 inch

(1.6 mm) above sight line. b. Place setting blocks at 1/4 points with edge block no more than 6 inches (150 mm)

from corners. c. Rest glass on setting blocks and push against tape to ensure full contact at perimeter

of glass. d. Install removable stops, spacer shims inserted between glass and applied stops at 24

inch (600 mm) intervals, 1/4 inch (6 mm) below sight line. e. Fill gaps between glass and applied stop with sealant to depth equal to bite on glazing,

to uniform and level line.

3.04 CLEANING

A. Remove glazing materials from finish surfaces.

B. Remove labels after Work is complete.

C. Clean glass and adjacent surfaces.

END OF SECTION


Metal Support System RECS Proj. No. 63SP0009 09100-1

SECTION 09100

METAL SUPPORT SYSTEMS

PART 1 GENERAL

1.1 SUMMARY


1. Interior non-load bearing steel stud partition systems. 2. Runner tracks, bridging, diagonal bracing, lintels, resilient clips, fastenings, and accessories.


1. Section 09260 - Gypsum Board Systems.

1.2 SUBMITTALS

A. Shop Drawings: Submit in accordance with Section 01330, indicating light gauge framing system. Indicate by plan and elevation, stud framing, openings, bracing and blocking, and reinforcement.


A. Perform work in accordance with applicable reference standards unless otherwise indicated.

PART 2 PRODUCTS

2.1 ACCEPTABLE MANUFACTURERS

A. Unimast, Dietrich, Clark or Dale Industries.

2.2 METAL FRAMING MATERIALS

A. General: Manufacturer's recommendations; except where otherwise indicated, including requirements of governing regulations and applicable standards, provide type, weight, grade and finish of materials as indicated, and include for each system clips, fasteners, ties, reinforcing, stiffeners, shoes, tracks, hangers, brackets, anchors, accessories, and trim as recommended by manufacturer for application indicated.

2.3 METAL STUDS

A. Studs: Non-load bearing rolled steel, galvanized, screw type, cee-shaped, minimum 20 gauge, 0.032 inch thickness, unless otherwise indicated, roll formed. Comply with ASTM C645. Painted studs in lieu of galvanized acceptable for interior use where not subject to moisture or humidity over 70 degrees RH.

1. Provide holes in studs at approximately 24 inches o.c. for Mechanical and Electrical work.

2.4 RUNNERS

A. Runners: Of same material and finish as studs.

2.5 FURRING AND BRACING MEMBERS

A. Furring and Bracing: Of same material and finish as studs, thickness to suit purpose.


1. Stiffeners and Braces: 3/4 inch by 0.3 lb per ft cold-rolled channel. 1-1/2 inch by 0.475 lb per ft for partitions not running to structure, unless otherwise indicated.

2.6 ACCESSORIES

A. Resilient Clips: Screw-type fabricated from gauge zinc-coated steel, designed to reduce sound transmission.

B. Fasteners: Galvanized steel, of type and length suitable for adequate penetration of substrate.

C. Wood Blocking: Construction grade softwood, fire retardant, moisture resistant treated.

D. Metal Partition Terminals: Manufacturer's standard where indicated.

E. Asphalt Protection Strips: Strip of 15 lb asphalt saturated felt at intersection of partitions and masonry walls.

PART 3 EXECUTION

3.1 EXAMINATION

A. Examine surfaces which are to receive metal support systems and accessories, and conditions under which metal framing is to be performed. Do not proceed with metal support system work until unsatisfactory conditions have been corrected.

3.2 ERECTION

A. Erect metal framing in accordance with ASTM C754.

3.3 RUNNER TRACKS

A. Runner Tracks: Continuous track sized to match studs. Align runner tracks accurately to partition layout at both floor and ceiling.

B. Secure runner tracks to floor and ceiling construction, and to structure above ceilings as recommended by manufacturer with fastener spacing not to exceed 24 inches o.c.

C. Provide fasteners at corners and ends of runner tracks. Align to configuration required.

3.4 METAL STUDS

A. Metal Studs: Install metal studs in floor and ceiling runner tracks. Secure studs to runners. Install studs vertically at 16 inches o.c., unless otherwise indicated, and not more than 2 inches from abutting construction, each side of openings, and at corners.

B. Provide additional studs at exterior corners and 2 inches from inside corners, terminations of partitions, and both sides of control joints. Where partitions abut other construction, provide vertical runner track securely attached to construction. Use full length studs between runner tracks.

C. Coordinate erection of studs with installation of service utilities. Align stud web openings. Coordinate installation of bucks, anchors, blocking, electrical and mechanical work which is to be placed in or behind partition framing. Allow such items to be installed after framing is complete.

D. Reinforce stud partitions and provide additional metal studs as indicated and required for installation of wall cabinets, wall mounted equipment, wall mounted mechanical and electrical fixtures, accessories, shelves and shelf standards. Provide 16-gauge steel plate to span minimum of 3 studs for installation of mirrors, toilet accessories or grab bars.


E. Isolate stud system from transfer of structural loading to system, both horizontally and vertically. Provide slip or cushioned joints to attain lateral support and avoid axial loading.

F. Splicing Members: Lap furring members 8 inches and runner channels 12 inches and wire-tie near each end of lap. Lap light gauge studs 12 inches and install screws in both flanges near each end of lap.

G. Anchor light gauge screw-type partition studs to runner tracks by screwing opposite flanges top and bottom, except screw end studs to both tracks at both flanges.

H. Erect furring channels horizontally or vertically as indicated. Secure in place on alternate channel flanges at maximum 24 inches on center.

I. Installation Tolerance: Install each steel framing and furring member so fastening surfaces vary not more than 1/8 inch from plane formed by faces of adjacent framing.

3.5 TOLERANCES

A. Install members to provide surface plane with maximum variation of 1/8 inch in 10 feet in any direction.

END OF SECTION


Gypsum Board Systems RECS Proj. No. 63SP0009 09260-1

SECTION 09260

GYPSUM BOARD ASSEMBLIES

PART 1 GENERAL

1.01 SUMMARY

A. Section Includes: 1. Metal stud wall framing. 2. Acoustic insulation. 3. Gypsum wallboard. 4. Joint treatment and accessories.

1.02 REFERENCES

A. AISI SG-971 - Specification for the Design of Cold-Formed Steel Structural Members; 1996, with 2000 Supplement.

B. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2002a.

C. ASTM C 36/C 36M - Standard Specification for Gypsum Wallboard; 2001.

D. ASTM C 475/C 475M - Standard Specification for Joint Compound and Joint Tape for Finishing Gypsum Board; 2002.

E. ASTM C 630/C 630M - Standard Specification for Water-Resistant Gypsum Backing Board; 2000.

F. ASTM C 645 - Standard Specification for Nonstructural Steel Framing Members; 2000.

G. ASTM C 665 - Standard Specification for Mineral-Fiber Blanket Thermal Insulation for Light Frame Construction and Manufactured Housing; 2001.

H. ASTM C 754 - Standard Specification for Installation of Steel Framing Members to Receive Screw-Attached Gypsum Panel Products; 2000.

I. ASTM C 840 - Standard Specification for Application and Finishing of Gypsum Board; 2002.

J. ASTM C 1002 - Standard Specification for Steel Self-Piercing Tapping Screws for the Application of Gypsum Panel Products or Metal Plaster Bases to Wood Studs or Steel Studs; 2001.

K. ASTM C 1047 - Standard Specification for Accessories for Gypsum Wallboard and Gypsum Veneer Base; 1999.

L. ASTM C 1396/C 1396M - Standard Specification for Gypsum Board; 2002.

M. GA-600 - Fire Resistance Design Manual; Gypsum Association; 2000.


A. Conform to Minnesota State Building Code for fire rated assemblies as required for building and area to receive construction for the required fire-rating(s) to match existing adjacent assemblies and requirements of building occupancy and construction type.

PART 2 PRODUCTS

2.01 METAL FRAMING MATERIALS

A. Metal Framing Manufacturers: 1. Clark Steel Framing Systems: www.clarksteel.com. 2. Dale/Incor: www.daleincor.com. 3. Dietrich Metal Framing, Inc: www.dietrichindustries.com. 4. Marino-Ware: www.marinoware.com.


B. Metal Framing Connectors and Accessories: 1. Same manufacturer as framing.

C. Non-Loadbearing Framing System Components: ASTM C 645; galvanized sheet steel, of size and properties necessary to comply with ASTM C 754 for the spacing indicated, with maximum deflection of wall framing of L/240 at 5 psf. 1. Studs: C shaped with knurled faces. 2. Runners: U shaped, sized to match studs.

D. Partition Head to Structure Connections: Provide mechanical anchorage devices that accommodate deflection using slotted holes, screws and anti-friction bushings, preventing rotation of studs while maintaining structural performance of partition. 1. Structural Performance: Maintain lateral load resistance and vertical movement capacity

required by applicable code, when evaluated in accordance with AISI SG-971 Specification for the Design of Cold-Formed Steel Structural Members.

2. Material: ASTM A 653/A 653M steel sheet, SS Grade 50, with G60/Z180 hot dipped galvanized coating.

3. Provide components UL-listed for use in UL-listed fire-rated head of partition joint systems indicated on drawings.

4. Provide top track preassembled with connection devices spaced to fit stud spacing indicated on drawings; minimum track length of 12 feet.

5. Acceptable Products: VertiClip(r) or VertiTrack(tm) manufactured by The Steel Network Inc.

2.02 GYPSUM BOARD MATERIALS

A. Manufacturers: 1. G-P Gypsum Corporation: www.gp.com. 2. National Gypsum Company: www.nationalgypsum.com. 3. USG Corporation: www.usg.com.

B. Gypsum Wallboard: ASTM C 36/C 36M and ASTM C 1396/C 1396M. Sizes to minimize joints in place; ends square cut. 1. Regular Type:

a. Application: Use for vertical surfaces, unless otherwise indicated. b. Thickness: As required to match existing. c. Edges: Tapered.

2.03 ACCESSORIES

A. Acoustic Insulation: ASTM C 665; preformed glass fiber, friction fit type, unfaced.

B. Acoustic Sealant: Non-hardening, non-skinning, for use in conjunction with gypsum board.

C. Finishing Accessories: ASTM C 1047, galvanized steel or rolled zinc, unless otherwise indicated. 1. Types: As detailed or required for finished appearance. 2. Special Shapes: In addition to conventional cornerbead and control joints, provide U-bead

at exposed panel edges.

D. Joint Materials: ASTM C 475 and as recommended by gypsum board manufacturer for project conditions. 1. Tape: 2 inch wide, coated glass fiber tape for joints and corners, except as otherwise

indicated. 2. Ready-mixed vinyl-based joint compound.

F. Screws: ASTM C 1002; self-piercing tapping type.

G. Anchorage to Substrate: Tie wire, nails, screws, and other metal supports, of type and size to suit application; to rigidly secure materials in place.

PART 3 EXECUTION


3.01 EXAMINATION

A. Verify that project conditions are appropriate for work of this section to commence.

3.02 FRAMING INSTALLATION

A. Metal Framing: Comply with ASTM C 754 and manufacturer's instructions.

B. Studs: Space studs as permitted by standard. 1. Extend partition framing to structure where indicated and to ceiling in other locations. 2. Partitions Terminating at Ceiling: Attach ceiling runner securely to ceiling track in

accordance with manufacturer's instructions. 3. Partitions Terminating at Structure: Attach top runner to structure, maintain clearance

between top of studs and structure, and connect studs to track using specified mechanical devices in accordance with manufacturer's instructions; verify free movement of top of stud connections; do not leave studs unattached to track.

4. Openings: Reinforce openings as required for weight of doors or operable panels, using not less than double studs at jambs.

5. Double stud at door jambs, and mechanical penetrations, not more than 2 inches from each side of openings.

6. Coordinate installation of bucks, anchors, and blocking with electrical and mechanical work to be placed within or behind stud framing.

7. Brace stud framing system rigid.

C. Blocking: Install blocking as needed. Bolt or screw steel channels to studs.

3.03 ACOUSTIC ACCESSORIES INSTALLATION

A. Acoustic Insulation: Place tightly within spaces, around cut openings, behind and around electrical and mechanical items within partitions, and tight to items passing through partitions.

B. Acoustic Sealant: Install in accordance with manufacturer's instructions. 1. Place one bead continuously on substrate before installation of perimeter framing

members. 2. Place continuous bead at perimeter of each layer of gypsum board. 3. In non-fire-rated construction, seal around all penetrations by conduit, pipe, ducts, and

rough-in boxes.

3.04 GYPSUM BOARD INSTALLATION

A. Comply with ASTM C 840 and manufacturer's instructions. Install to minimize butt end joints, especially in highly visible locations.

B. Single-Layer Non-Rated: Install gypsum board in most economical direction, with ends and edges occurring over firm bearing. 1. Exception: Tapered edges to receive joint treatment at right angles to framing.

E. Installation on Metal Framing: Use screws for attachment of all gypsum board.

3.05 INSTALLATION OF TRIM AND ACCESSORIES

A. Control Joints: Place control joints consistent with lines of building spaces and as indicated. 1. Not more than 30 feet apart on walls and ceilings over 50 feet long.

B. Corner Beads: Install at external corners, using longest practical lengths.

C. Edge Trim: Install at locations where gypsum board abuts dissimilar materials and as indicated.

3.06 JOINT TREATMENT


A. Paper Faced Gypsum Board: Use fiberglass joint tape, bedded with ready-mixed vinyl-based joint compound and finished with ready-mixed vinyl-based joint compound.

B. Finish gypsum board in scheduled areas in accordance with levels defined in ASTM C 840 and as scheduled below.

C. Tape, fill, and sand exposed joints, edges, and corners to produce smooth surface ready to receive finishes. 1. Feather coats of joint compound so that camber is maximum 1/32 inch. 2. Taping, filling and sanding is not required at base layer of double layer applications.

3.07 TOLERANCES

A. Maximum Variation of Finished Gypsum Board Surface from True Flatness: 1/8 inch in 10 feet in any direction.

3.08 FINISH LEVEL SCHEDULE

A. Level 1 (Tape in joint compound at joints and interior angles. Tool marks and ridges acceptable): Above finished ceilings concealed from view.

B. Level 2 (Level 1, plus separate coat of compound at joints, angles, fasteners, and accessories. Tool marks and ridges acceptable): Utility areas and areas behind cabinetry.

C. Level 3 (Level 1, plus two separate coats of compound at joints, angles, fasteners, and accessories. Compound shall be smooth and free of tool marks and ridges): Ceilings scheduled to receive textured finish.

D. Level 4 (Level 1, plus three separate coats of compound at joints, angles, fasteners, and accessories. Compound shall be smooth and free of tool marks and ridges): Walls and ceilings scheduled to receive flat or eggshell paint finish.

E. Level 5 (Level 4, plus separate skim coat of compound over entire surface of gypsum board): Walls and ceilings scheduled to receive semi-gloss or gloss paint finish.

END OF SECTION

Wall Coverings RECS Proj. No. 63SP0009 09720-1

SECTION 09720

WALL COVERINGS

PART 1 GENERAL

1.1 Summary A. Contractor shall furnish, install and finish a vinyl wallcovering as specified in the contract

documents.

1.2 Sample A. Contractor shall submit for the architect’s approval – a sample of each texture, type or color to be

installed.

1.3 Compliance A. Submit certification that the manufacturer’s wallcovering meets the architect’s specifications.

Submit documentation that the manufacturer’s wallcovering meets Federal certification CCC-408-D for wallcovering products.

1.4 Warranty A. Contractor will supply the manufacturer’s written warranty against defects in workmanship for 5

years from date of installation. Submit manufacturers written warranty.

1.5 Delivery, Storage and Handling A. All necessary materials for installation including wallcovering, primer and adhesives must be

delivered to the job site undamaged. All containers are to be clearly marked with the manufacturers identification label. Store vinyl wallcovering rolls and materials in a clean, dry area where temperature and humidity remain constant and within the manufacturers specifications.

1.6 Project Conditions A. Environmental conditions must remain constant and over 65 degrees Fahrenheit for at least four

days before and throughout the installation and 4-7 days thereafter. Walls shall be finished to the Architect’s specification and be free of surface defects and dirt. The Contractor for the installation process must provide sufficient lighting and access.

PART 2 PRODUCTS

2.1 Acceptable Manufacturers

A. Hirshfields Commercial Wallcoverings, Color and Design: TBD

2.2 Vinyl Wallcoverings A. All vinyl wallcoverings specified and installed shall meet the latest GSA Federal Specification

CCC-W-408D. In addition, wallcoverings must meet or exceed Wallcovering Association Quality Standard W-101-2013 for Vinyl Coated Fabric Wallcovering. All Type I (15oz.) and Type II (20oz.) wallcoverings specified shall pass the ASTM-G21 testing for mold and mildew resistance. The ASTM-E84 test must be passed with the wallcovering mounted to common gypsum wallboard.

2.2 Flame and Smoke Characteristics The manufacturer shall certify that the vinyl wallcovering supplied meets Federal and International specified limits for flame, smoke development and flash over according to the following tests:

Type II Type I

ASTM E-84 Tunnel Test NFPA Life Safety Code 101

Passed Class A Passed Class A

NFPA 286 Passed

EU Class Flame (EN 15102) Passed Class B, s2 Passed Class B, s2


CAN/ULC S102.2 Passed

BS476 Part 7 Passed Class 1

2.3 Environmental – All Versions A. Meets or exceeds EN12149 A,B,C – the EU Toxicity requirement for heavy metals (including

Cadmium, Mercury, Lead and Antimony), and Formaldehyde under EN15102. B. Manufactured without the use of Brominated Flame retardants. C. Indoor Air Quality

1. Manufactured with Low VOC Vinyl 2. Meets California CDPH Standard for Schools and Offices 3. Tested per CA -1350

D. Non-woven backing contains 50% post-consumer recycled content.

2.4 Test Accreditation A. All product testing for compliance with Federal Specifications shall be performed and evaluated by

one or more of the following independent and accredited testing companies: 1. Intertek Testing Services NA, Inc. American Flamecoat 2. Underwriters Laboratories Vartest 3. Omega Point Laboratories, Inc. Govmark

2.5 Adhesives and Primers A. Adhesives and Primers used must be of the type designed for vinyl wallcoverings. B. Adhesives and Primers must contain mildew inhibitors. See manufacturer’s recommendations for

commercially available products.

PART 3 EXECUTION

3.1 Inspection A. The Contractor shall provide a complete copy of current Hanging Instructions to the installer

pertaining to the installation of the wallcovering. ALL INSTALLATIONS MUST CONFORM TO MANUFACTURERS CURRENT INSTALLATION INSTRUCTIONS AND PRODUCT TECHINICAL INFORMATION.

B. All labels shall be checked for accuracy by the installer to insure that the shipment is received as ordered.

C. If no defect is evident before installation, the material should be inspected after three (3) panels are installed. If any defect is evident at this time (or any point of the installation) no further material should be applied and Contractor should be contacted IMMEDIATELY.

3.2 Surface Preparation A. All hanging surfaces must be clean, smooth, dry, undamaged, free of mold, mildew, grease or

stains, and structurally intact. All loose paint and other wallcoverings must be removed. If moisture is present, immediately identify and eliminate the source(s) of the moisture and verify that all wall surfaces are completely dry before proceeding.

B. Any mold or mildew MUST be removed from walls and hanging surfaces prior to installation. Walls should not contain in excess of 4% residual moisture content. A moisture meter should be used to determine moisture content. Moisture infiltration and accumulation can lead to mold or mildew growth and must be corrected PRIOR to the installation of the wallcovering. This product is intended for use in buildings that are properly designed and maintained to avoid moisture infiltration.

C. Condensation and or accumulation at wall cavities and wall surfaces, particularly in warm, humid climates. Old walls shall also be treated with bleach, Lysol and/or other approved, mildew –inhibiting products in order to inhibit further mildew growth.

D. Proper surface preparation is key to getting great results. To prepare the surface properly, prime all surfaces with a universal, whitepigmented, mold inhibiting wallcovering primer.

E. For new drywall construction, a coat of wallcovering primer shall be applied to thesurface before application of wallcovering. Use a primer that dries to a solid color to conceal drywall joints.

F. Use only a lead pencil for marking walls and back of wallcovering. Do not use ballpoint or marking pen, they will bleed through the surface.


G. Do not install wallcovering unless a temperature above 65º degrees F is maintained in both areas of installation and storage for at least 48 hours prior to installation.

3.3 Installation A. If the application is a textured or non-matched wallcovering pattern, reverse hanging of alternate

panels is required to ensure color continuity from strip to strip. If the application is a mural it is recommended that every other panel is rotated 180 degrees when printing to minimize the side-to-side color shift that may occur with each printer.

B. Determine whether the pattern match is random, straight across, or drop match. Measure the wall height, allowing for pattern match, add 4 inches, and then cut the wallcovering. It will overlap onto the ceiling and the base approximately 2 inches. Apply the recommended adhesive to the back using either a pasting machine or a paint roller. Work the adhesive in, to cover the back completely, especially near the edges. Fold each end toward the middle, pasted sides together, aligning the edges carefully so they do not dry out. CAUTION: Do not crease wallcovering. Allow to “relax” for ten minutes (booking). This will allow the adhesive to penetrate the wallcovering fabric, which is important to a successful installation.

C. WITH ALL DIRECTIONAL PATTERNS, IT IS IMPORTANT TO LINE UP PATTERNS AT EYE LEVEL ALLOWING ANY DRIFT IN LINEUP TO RUN OFF TOWARD CEILING AND FLOOR. THE STANDARD ALLOWANCE IS ONE QUARTER OF AN INCH UP OR DOWN. IF PATTERN IS LINED UP AT THE CEILING THE PATTERN WILL BEGIN MISALIGNMENT SOONER AND THE GAP WILL BE LARGER. ALSO, MOST PATTERNS WILL BE VIEWED AT EYE LEVEL THEREFORE IT IS THAT AREA THAT NEEDS TO LOOK ALIGNED. IF THERE ARE ANY QUESTIONS ABOUT PATTERN LINEUP, CONTACT SUPPLIER. BE SURE FIRST DROP OF WALLCOVERING IS SQUARE ON WALL BY PLUMBING THE WALL AND USING A LEVEL.

D. Avoid burnishing the face of the material. Use a wallcovering brush or a plastic scraper to smooth the wallcovering onto the wall. For optimal durability, use a liquid topcoat to protect the surface of the wallcovering pattern from stain and abrasion.

E. Do not rub. Do not allow vinyl adhesive to dry on surface as it may leave a white residue. Wash off excess paste from face of wallcovering as you hang it with a cellulose sponge. The cellulose sponge must be rinsed in clean water after every use. Blot dry with a clean cloth.

F. Place the second strip to the edge of the first strip. Tape seams before overlapping and double cutting to avoid getting adhesive on the wallcovering. If paste does get on the vinyl, clean it off immediately with clean warm water and blot dry with a clean lint less towel. Use a soft bristle brush to wash the ceiling and the baseboard to remove any paste residue. Do not leave any overlap on the seams since vinyl will not adhere to itself. *Seams should be vertical, have a tight fit, and be free from air and paste bubbles. Seams should not be located closer than 6” to corners.

G. After three panels are smoothed to wall surface and excess paste removed, examine the installed panels for color uniformity. Any objectionable variations in color match, pattern match, etc. should be immediately communicated to the printer for inspection before proceeding further with installation.

H. After installation, the walls and wallcovering should be monitored for potential moisture or vapor infiltration or accumulation. Any such infiltration/accumulation after installation must be promptly eliminated in order to reduce the risk of mold/mildew growth.

3.4 Clean up and Completion A. Upon completion of work, remove all surplus material and debris from work site. All work sites

must be clean and orderly upon installation crew departure.

END OF SECTION


Painting RECS Proj. No. 63SP0009 09900-1

SECTION 09900

PAINTS AND COATINGS

PART 1 GENERAL

1.01 SUMMARY

A. Section Includes: 1. Surface preparation. 2. Field application of paints, stains, and varnishes.

a. Virgin paints, stains and varnishes.

1.02 REFERENCES

A. ASTM D 16 - Standard Terminology for Paint, Related Coatings, Materials, and Applications; 2000.

B. ASTM D 523 - Standard Test Method for Specular Gloss; 1994.

C. ASTM D 562 - Standard Test Method for Consistency of Paints Measuring Krebs Unit (KU) Viscosity Using a Stormer-Type Viscometer; 2001.

D. ASTM D 1210 - Standard Test Method for Fineness of Dispersion of Pigment-Vehicle Systems by Hegman-Type Gage; 1996.

E. ASTM D 1475 - Standard Test Method for Density of Liquid Coatings, Inks, and Related Products; 1998.

F. ASTM D 1640 - Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature; 1999.

G. ASTM D 2486 - Standard Test Methods for Scrub Resistance of Wall Paints; 2000.

H. ASTM D 2805 - Standard Test Method for Hiding Power of Paints by Reflectometry; 2003.

I. ASTM D 3960 - Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings; 2002.

J. ASTM D 4062 - Standard Test Method for Leveling of Paints by Draw-Down Method; 1999.

K. ASTM D 4400 - Standard Test Method for Sag Resistance of Paints Using a Multi notch Applicator; 1999.

L. ASTM D 4442 - Standard Test Methods for Direct Moisture Content Measurement of Wood and Wood-Base Materials; 1992 (Reapproved 1997).

1.03 SYSTEM DESCRIPTIONS - VIRGIN PAINT

A. Virgin paint, stains, and varnishes are to be the manufacturer's best quality trade sale material of the various coating types specified. 1. Provide all coats of materials for a specific application from the same manufacturer, to

ensure compatibility of materials with each other and to provide the best results. 2. Provide material in containers clearly displaying manufacturer's product identification. 3. Federal specifications establish a minimum quality level for the materials in this section.

Provide written certification, when requested by Owner, that all products being supplied meet or exceed these criteria.

B. Each batch must be tested for physical properties following generally accepted laboratory procedures and/or ASTM methods as referenced in Section 1.02, and as follows: 1. Viscosity: The working properties shall be satisfactory, the paint shall show no tendency to

sag or run, and shall level to a smooth surface of satisfactory appearance. Specification: 90-110 KU, as measured in accordance with ASTM D 562


2. Fineness of Grind: Test by Hegman grind standard. Specification: 3 or above, as measured in accordance with ASTM D 1210.

3. Weight per Gallon: Test by Gardo Physical Density cup or similar. Specification: 10.0-11.5 pounds per gallon as measured in accordance with ASTM D 1475.

4. Alkalinity: Test by measuring by pH meter apparatus. A pH of 8.5-9.5. 5. Gloss: Test by Byk Gardener gloss measurement or similar instrumentation. Specification:

Flat paints 0-3 at 60 and eggshell paints 4-10 at 60 degrees, as measured in accordance with ASTM D 523.

6. Hide: Test by contrast ratio measurements or similar. Specification: 0.95 or higher minimum, as measured in accordance with ASTM D 2805.

7. Sag Resistance: Test by application of Leneta Anti-Sag Meter ASM-1 or similar, Specification: Greater than 8, when measured in accordance with ASTM D 4400.

8. Flow and Leveling: Test by application of Leneta Leveling Test Blade or similar. Specification: 7 or above, as measured in accordance with ASTM D 4062.

9. Scrubability: Test by Byk Gardener Abrasion Tester or similar. Specification: Flat paints great than 100 cycles, and eggshell paints greater than 200 cycles, as measured in accordance with ASTM D 2486.

10. Dry Time: Test by application of Leneta wet film-application draw down panel or similar at 3 mils wet. Specification: Dry to touch - 30 minutes, as measured in accordance with ASTM D1640.

11. Volatile Organic Content (VOC) of paints and related coatings to meet national VOC laws.

1.05 DEFINITIONS

A. Conform to ASTM D 16 for interpretation of terms used in this section.

B. Feedstock. Feedstock is defined as a manufacturer's raw material, which can be made of either virgin, post-consumer recycled or post-industrial recycled material. Post-consumer recycled and post-industrial recycled material can be used as an ingredient in a manufacturing process as an effective substitute for virgin material products.

C. Post-consumer recycled material. Post-consumer recycled material means a finished material which would normally be disposed as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing or converting wastes. This refers to material collected for recycling office buildings, homes, retail stores, etc. Such term does not include post-industrial recycled material.

D. Post-industrial recycled material. Post-industrial recycled material is material byproducts created during the original manufacturing process.

E. Virgin material. Products made with one hundred percent (100%) new raw materials. Contains no recycled material.

1.06 SUBMITTALS

A. When requested by Owner, submit the following: 1. Product Data: Provide data on all finishing products. For recycled paint provide data on

percentage of recycled content and post-consumer feedstock source for materials being provided for each project.

2. Samples: Submit two paper chip samples, 12 x 12 inches in size illustrating range of colors and textures available for each surface finishing product scheduled.

3. Quality Assurance/Control Submittals/Certifications/Test Results: a. Test Certificates of ASTM tests as referenced. b. Manufacturer’s Instructions. c. Qualification Statements for Manufacturer and Applicator. d. Source Quality Control test results.

4. Material Safety Data Sheets (MSDS) for each product. 5. Proposed schedule for repainting operations. 6. Maintenance Data: Submit data on cleaning, touch-up, and repair of painted and coated

surfaces.



A. Paint Manufacturer Qualifications: Company with documented experience in recycling latex paint, as specified in Section 1.04. A minimum of two years experience is preferred.

B. Applicator Qualifications: Company specializing in performing the work of this section with minimum two years experience.


A. Conform to applicable code for flame and smoke rating requirements for products and finishes.

B. Conform to the latest edition of Industrial Health and Safety Regulations issued by applicable authorities having jurisdiction in regard to site safety (ladders, scaffolding, ventilation and protection).

C. Conform to requirements of local authorities having jurisdiction in regards to the storage, mixing, application and disposal of all paint and related waste materials.

1.09 MOCK-UP

A. When requested by Owner, provide mockups as follows: 1. Provide panel, 10 long by full height of wall, illustrating special coating color, texture, and

finish. 2. Provide door and frame assembly illustrating paint coating color, texture, and finish. 3. Locate where directed. 4. Mock-up may remain as part of the Work.

1.10 DELIVERY, STORAGE, AND PROTECTION

A. Deliver products to site in sealed and labeled containers; inspect to verify acceptability.

B. Container Label: Include manufacturer's name, type of paint, brand name, lot number, brand code, coverage, surface preparation, drying time, cleanup requirements, color designation, and instructions for mixing and reducing.

C. Paint Materials: Store at minimum ambient temperature of 45 degrees F (7 degrees C) and a maximum of 90 degrees F (32 degrees C), in ventilated area, and as required by manufacturer's instructions.

D. Where toxic and volatile, explosive or flammable materials are being used, provide adequate fireproof storage lockers and take all necessary precautions and post adequate warnings (e.g. no smoking) as required.


A. Do not apply materials when surface and ambient temperatures are outside the temperature ranges required by the paint product manufacturer.

B. Do not apply exterior coatings during rain or snow, or when relative humidity is outside the humidity ranges required by the paint product manufacturer.

C. Minimum Application Temperatures for Latex Paints: 45 degrees F (7 degrees C) for interiors; 50 degrees F (10 degrees C) for exterior; unless required otherwise by manufacturer's instructions.

D. Minimum Application Temperature for Varnish Finishes: 65 degrees F (18 degrees C) for interior or exterior, unless required otherwise by manufacturer's instructions.

E. Provide lighting level of 80 ft candles (860 lx) measured mid-height at substrate surface.

F. Take all necessary precautionary and safety measures to prevent fire hazards and spontaneous combustion and to protect the environment for hazard spills. Materials that constitute a fire hazard (paints, solvents, drop cloths, used brushes rollers, and rags) shall be stored in suitable closed and rated containers and removed from the site on a daily basis.

G. Contractor shall properly ventilate and exhaust the areas in which the paint is applied. Special care and coordination shall occur to avoid a build up of paint fumes. This coordination with the owner and contractor shall take place prior to application of this any interior paints, stains or varnishes.


H. Comply with Owner's and regulatory agency requirements for preparation of painting existing painted or coated surfaces containing lead compounds.

1.12 SCHEDULING

A. When requested by Owner, submit a proposed schedule for repainting operations for Owner approval. Schedule is to be developed in accordance with Owners operating hours and requirements. Schedule is to take into account drying times and dissipation of odors and vapors of paints and coatings that will affect occupants and their operations.

B. Schedule interior repainting operations to prevent disruption of Owner and building occupants operations in and about the building. Obtain written authorization from Owner for changes to work schedule.

1.13 WARRANTY A. Virgin Paint: Manufacturer of paint shall provide its standard warranty for a period of not less than

two (2) years.

B. Stains & Varnishes: Manufacturer of stains and varnishes shall provide its standard warranty for a period of not less than two (2) years.

1.14 EXTRA MATERIALS

A. Supply 1 gallon (4 L) of each color; store where directed.

B. Label each container with color in addition to the manufacturer's label.

PART 2 PRODUCTS

2.01 MANUFACTURERS

A. Paints: 1. Sherwin-Williams Co: www.sherwin-williams.com. 2. ICI Paints North America: www.icidecorativepaints.com. 3. Iowa Paint Manufacturing Company, Inc.: www.iowapaint.com. 4. Benjamin Moore & Co: www.benjaminmoore.com. 5. Hirshfield's Paint Manufacturing 6. Valspar Corporation: www.valspar.com.

B. Stains: 1. Sherwin-Williams Co: www.sherwin-williams.com. 2. ICI Paints North America: www.icidecorativepaints.com. 3. Iowa Paint Manufacturing Company, Inc.: www.iowapaint.com. 4. Benjamin Moore & Co: www.benjaminmoore.com. 5. Hirshfield's Paint Manufacturing 6. Valspar Corporation: www.valspar.com.

2.02 PAINTS AND COATINGS - GENERAL

A. Paints and Coatings: Ready mixed. Prepare pigments: 1. To a soft paste consistency, capable of being readily and uniformly dispersed to a

homogeneous coating. 2. For good flow and brushing properties. 3. Capable of drying or curing free of streaks or sags. 4. All materials are to be lead and mercury free and shall have low VOC content where

possible.

2.03 MATERIALS

A. Latex Paints: All recycled latex paint, including but not limited to finish coat and primer, must meet the following requirements: 1. Conform to all specified requirements for non-hazardous material contents. 2. Contain a minimum of twenty percent (20%) post-consumer recycled material.


3. Conform to all specified performance and application requirements. 4. Provide recycled latex paint formulated for the following applications and finish:

a. Applications: 1) Gypsum board.

b. Finishes:

1) Eggshell 2) Semi-gloss

2.04 PAINT SYSTEMS - INTERIOR

A. Paint - Wood, Transparent, Varnish, Stain: 1. Filler coat (for open grained wood only). 2. One coat of stain. Stain as required to match existing color. 3. One coat sealer. 4. Satin: Two coats of varnish. Varnish gloss is to match existing.

B. Paint - Ferrous Metals, Primed, Alkyd, 2 Coat: 1. One coat of alkyd primer. 2. Semi-gloss: One coat of alkyd enamel.

C. Paint - Gypsum Board, Latex, 3 Coat: 1. One coat of latex primer sealer. 2. Eggshell: Two coats of latex enamel.

2.06 ACCESSORY MATERIALS

A. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners and other materials not specifically indicated but required to achieve the finishes specified; commercial quality.

B. Patching Material: Latex filler.

C. Fastener Head Cover Material: Latex filler.

2.07 MIXES

A. Unless otherwise specified or pre-approved, all paint shall be ready-mixed and pre-tinted. Re-mix all paint in containers prior to and during application to ensure break-up of lumps, complete dispersion of settled pigment, and color and gloss uniformity.

B. Paste, powder or catalyzed paint mixes shall be mixed in strict accordance with manufacturer's written instructions.

C. Where thinner is used, addition shall not exceed paint manufacturer's recommendations. Do not use kerosene or any such organic solvent to thin water-based paints.

D. If required, thin paint for spraying in strict accordance with paint manufacturer's instructions. If directions are not on container, obtain instructions in writing from manufacturer and provide a copy to Owner.

2.08 FINISHES

A. Colors shall match existing.

B. Gloss level is to match existing.

PART 3 EXECUTION

3.01 EXAMINATION

A. Verify that surfaces are ready to receive Work as instructed by the product manufacturer.

B. Examine surfaces scheduled to be finished prior to commencement of work.


C. If Contractor encounters surfaces to be painted or coated that are believed to be covered with paints or coatings containing lead compounds notify Owner of conditions and do not proceed with Work until a written determination is received from Owner. Abatement if required will be by others as directed by the Owner. Proceed with painting as directed by Owner after determination or abatement determines it is safe to do so.

D. Test shop-applied primer for compatibility with subsequent cover materials.

E. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture content of surfaces is below the following maximums: 1. Gypsum Wallboard: 12 percent. 2. Interior Wood: 15 percent, measured in accordance with ASTM D 4442.

3.02 PREPARATION

A. Surface Appurtenances: Remove or mask electrical plates, hardware, light fixture trim, escutcheons, and fittings prior to preparing surfaces or finishing.

B. Protect finished surfaces in areas where paint, stains or varnishes are being applied with clean drop cloths and suitable masking.

C. Surfaces to Receive Paints or Coatings: Correct defects and clean surfaces which affect work of this section. Remove or repair existing coatings that exhibit surface defects.

D. Surface Marks: Seal with shellac those which may bleed through surface finishes.

E. Clean surfaces to be finished as required to remove oil grease, dust and dirt. Sand where necessary to properly prepare surfaces to receive finish.

F. Impervious Surfaces: Remove mildew by scrubbing with solution of tetra-sodium phosphate and bleach. Rinse with clean water and allow surface to dry.

G. Gypsum Board Surfaces to be Painted: Fill minor defects with filler compound. Spot prime defects after repair.

H. Shop-Primed Steel Surfaces to be Finish Painted: Sand and scrape to remove loose primer and rust. Feather edges to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime bare steel surfaces. Re-prime entire shop-primed item.

I. Wood Doors to be Field-Finished: Seal wood door top and bottom edge surfaces with clear sealer.

J. Previously Painting Surfaces: Clean thoroughly to remove loose, scaly, and other defective film. Fill holes and cracks. Remove gloss from painted surfaces by washing and sanding, and touch up bare spots with appropriate primer.

K. Repair surface deterioration prior to beginning work; this includes visual defects that won't effect film's protective properties, fading, gloss reduction, slight surface contamination, minor pin holes, scratches, minor cosmetic runs and sags, peeling. flaking, cracking, checking, scuffs, abrasions, and small holes, gouges, or staining. Report all substrate or structural damage to Owner for repair or replacement by others.

L. Paint, Stain and Varnish Materials 1. Colors to be selected prior to commencement of work. 2. Mix and prepare painting materials in accordance with manufacturer’s printed instructions. 3. Store materials not in actual use in tightly covered containers. Maintain containers used in

storage, mixing and application of paint in clean conditions, free of foreign materials and residue.

4. Stir materials before application to produce a mixture of uniform density, and stir as required during the application of the materials. Do not stir surface film into the material. Remove the film and, if necessary, strain the material before using.

3.03 APPLICATION

A. Apply products in accordance with manufacturer's instructions.


B. All paints and coatings are to be brush or roller applied. Spray application of paints or coatings must receive prior approval of Owner.

C. Where adjacent sealant is to be painted, do not apply finish coats until sealant is applied.

D. Do not apply finishes to surfaces that are not dry. Allow applied coats to dry before next coat is applied.

E. Apply paint in accordance with manufacturer’s directions. Use equipment and techniques best suited for substrate and type of material being applied.

F. Priming coat shall be of suitable type for each surface and compatible in each case with the finish paint.

G. The priming coat on concrete block shall be tinted to the approximate shade of the final coat. Suction spots or "hot-spots" in concrete, evident after the application of the first coating shall be touched-up before applying the second coat, to produce an even result in the finish coat.

H. Apply paint evenly and smoothly without runs, sags, brush marks, laps, streaks, unfinished patches and other blemishes. The hiding shall be complete, and each coat shall be so applied to produce film of uniform thickness. Special attention shall be given to ensure that all surfaces including edges, corners, crevices, receive a film thickness equivalent to that of adjacent painted surfaces.

I. Brush out flow on each coat as required by the characteristics of the materials, or recommended by the manufacturer.

J. To avoid air entrapment in applied coats, apply materials in strict accordance with manufacturer's spread rates and application requirements.

K. Allow each coat to dry thoroughly before applying next coat. Apply each coat to uniform appearance. Apply each coat of paint slightly darker than preceding coat unless otherwise approved. Vacuum clean surfaces of loose particles. Use tack cloth to remove dust and particles just prior to applying next coat.

L. Properly prepare and touch-up scratches, abrasions and other disfigurements and remove foreign matter before proceeding with the following coat. Spot-priming or spot-coating shall be featheredged into adjacent coatings to produce a smooth and level surface.

M. Sand wood surfaces lightly between coats to achieve required finish.

N. Final coats shall not be applied before other trades whose operations would be detrimental to finish painting have finished with their work in the areas to be painted.

O. Finish recesses the same as adjoining rooms. Finish other surfaces the same as nearest or adjoining surfaces unless otherwise shown.

P. Paint surfaces behind movable equipment and furniture same as similar exposed surfaces. Paint surfaces behind permanently fixed equipment and furniture with prime coat only, before final installation of equipment.

Q. Comply with VOC levels with proper ventilation as per manufacturer’s specifications and MSDS.

R. Do not paint over code-required labels, such as Underwriters Laboratories and Factory Mutual, and over equipment identification, performance rating, name, and nomenclature plates.

S. Do not apply recycled paint to ferrous and galvanized metals, wood or metal doors and frames, floors and glass.

T. Where clear finishes are required, tint fillers to match wood. Work fillers into the grain before set. Wipe excess from surface.

3.04 FINISHING MECHANICAL AND ELECTRICAL EQUIPMENT

A. Remove unfinished louvers, grilles, covers, and access panels on mechanical and electrical components and paint separately.


B. Finish equipment, piping, conduit, and exposed duct work in areas being painted in colors according to the color coding scheme indicated.

C. Reinstall electrical cover plates, hardware, light fixture trim, escutcheons, and fittings removed prior to finishing.

3.05 FIELD QUALITY CONTROL

A. Owner will provide field inspection.

B. Repainted surfaces shall be considered to lack uniformity and soundness if any of the following defects are apparent to inspector: 1. Brush or roller marks, streaks, laps, runs, sags, drips, heavy stippling, hiding or

shadowing by inefficient application methods, skipped or missed areas, and foreign materials in paint coatings.

2. Evidence of poor coverage at rivet heads, plate edges, lap joints, crevices, pockets, corners and reentrant angles.

3. Damage due to touching before paint is sufficiently dry or any other contributory cause. 4. Damage due to application on moist surfaces or caused by inadequate protection from

the weather. 5. Damage or contamination of paint due to blown contaminants (dust, spray paint, or similar

contaminants).

C. Repainted surfaces shall be considered unacceptable if any of the following are evident under final lighting source conditions: 1. Visible defects are evident on vertical surfaces when viewed at 90 degrees to the surface

from a distance of 39". 2. Visible defects are evident on horizontal surfaces when viewed at 45 degrees to the

surface from a distance of 39". 3. Visible defects are evident on ceiling surfaces when viewed at 45 degrees to the surface. 4. When the final coat on any surface lacks uniformity of sheen across full surface area.

D. Repainted surfaces rejected by the inspector shall be corrected at Contractors expense. Small affected areas may be touched up; large affected areas without sufficient dry film thickness of paint shall be repainted. Runs, sags of paint shall be removed by scraper or by sanding prior to application of paint.

3.06 CLEANING

A. During the progress of the work, remove discarded paint materials, rubbish, cans and rags from the Project site at the end of each workday. Legally dispose of all materials.

B. Clean equipment and dispose of wash water and solvents as well as all other cleaning and protective materials (e.g. rags, drop cloths, masking papers and tapes), paints, thinners, paint removers and strippers in accordance with the safety requirements of authorities having jurisdiction.

C. Upon completion of painting work, clean window glass and other paint-spattered surfaces. Remove spattered paint by proper methods of washing and scraping, using care not to scratch and otherwise damage finished surfaces.

D. Contractor shall, upon availability in the marketplace, recycle all applicable materials such as waste paint containers and unused paint, whenever possible.

3.07 PROTECTION

A. Protect all newly painted surfaces from condensation, contamination, dust, and freezing temperatures until paint is completely dry. Curing periods shall exceed manufacturer's recommended minimum time requirements.

B. Erect barriers or screens and post signs to warn, limit or direct traffic away or around work area as required.


3.08 SCHEDULE - SURFACES TO BE FINISHED

A. Do Not Paint or Finish the Following Items: 1. Items fully factory-finished unless specifically noted. 2. Fire rating labels, equipment serial number and capacity labels. 3. Surfaces previously painted or coated with lead-based materials unless Owner provides

written approval to do so.

B. Paint the surfaces described below under Schedule - Paint Systems.

C. Mechanical and Electrical: Use paint systems defined for the substrates to be finished. 1. Paint all insulated and exposed pipes occurring in finished areas to match background

surfaces, unless otherwise indicated. 2. Paint shop-primed items occurring in finished areas. 3. Paint interior surfaces of air ducts and convector and baseboard heating cabinets that are

visible through grilles and louvers with one coat of flat black paint to visible surfaces. 4. Paint dampers exposed behind louvers, grilles, and convector and baseboard cabinets to

match face panels.

3.09 SCHEDULE - PAINT SYSTEMS

A. Gypsum Board: Finish all surfaces exposed to view. 1. Interior Walls: Low Sheen.

F. Stained and Varnished Wood Trim and Doors.

G. Steel Frames: Finish all surfaces exposed to view; Semi- gloss.

END OF SECTION


Electrical General Provisions RECS Proj. No. 63SP0009 16010-1

SECTION 16010

ELECTRICAL GENERAL PROVISIONS

PART 1 - GENERAL 1.01 DESCRIPTION A. THE CONTRACTOR SHALL ALSO REFER TO THE OTHER DIVISIONS OF THE PLANS AND

SPECIFICATIONS FOR INFORMATION WHICH PERTAINS TO THE ELECTRICAL SECTION.

B. The work included in the project shall include the furnishing of all required labor and materials for a complete and operable electrical system as indicated on the accompanying drawings and as required by the project manual inclusive of all appurtenances not specifically shown or covered by the specifications but required for complete operation of the electrical system as defined in the documents. The work shall also include the testing, adjustment, start-up and troubleshooting of the electrical equipment and the training of the Owner's operating personnel in its operation and maintenance.

C. It shall be the responsibility of the Contractor to furnish a complete and fully operating system. The Contractor shall be responsible for all details which may be necessary to properly install, adjust and place in operation the complete installation. The Contractor shall assume full responsibility for additional costs which may result from unauthorized deviations from the contract documents.

1.02 DRAWINGS A. The contract drawings indicate the required size of conduit and cable for wiring. The locations of

equipment shall be verified in the field by the Contractor. In the event it should become necessary to change the location of any work due to interference with other work, consult with the Engineer before making any changes. The Contractor shall determine and be responsible for the proper location and character of all anchor bolts, inserts, hangers, sleeves, etc. for the electrical equipment, unless specifically detailed otherwise.

B. The drawings indicate the extent and general layout of the electrical systems. The drawings are drawn to the scale indicated but the drawings shall not take precedence over field measurements. Make reasonable modifications to the layout to avoid conflict with other trades.

1.03 SUBMITTALS A. The Contractor shall submit for approval complete shop details for all equipment. See individual

technical Specification Sections for further information.

B. Submittal shall be in compliance with applicable paragraphs of the project manual.

C. Operating and maintenance manuals shall be provided as defined in the project manual. The manual shall include a complete parts list as well as information submitted with shop drawings.

D. Submittals shall include complete schematic diagrams of individual devices and system diagrams. Manufacturer's standard "cut sheets" are not acceptable.

1.04 NAMEPLATES A. Each piece of equipment shall have a standard nameplate securely affixed in a conspicuous place,

showing the manufacturer, model number and serial number as is applicable. The nameplate of the distributing agent only will not be acceptable.

1.05 QUALITY


A. All work shall be installed by skilled electricians in a neat and workmanlike manner and shall be

approved by the Engineer before final acceptance by the Owner.

B. If equipment is furnished having power and control requirements other than as specified, the Contractor shall make all necessary changes and furnish a complete set of drawings for installing the alternate equipment. The installation shall comply with the requirements of the 2014 edition of the National Electrical Code, local and state codes and ordinances. Where the contract documents call for workmanship or materials in excess of code requirements, the project manual shall take precedence. Electrical equipment and materials shall be Underwriter's Laboratory approved, where U.L. standards for such products exist.

C. All equipment to be installed on the project shall be new and unused. Existing equipment, if applicable, shall be reused only after obtaining written permission from the Engineer.

PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 GENERAL A. The following items shall be included in the work to be done:

1. All work shall be under the direct supervision of a master electrician. 2. Furnish permits as required for electrical construction. Pay all electrical inspection charges for the

construction. 3. Furnish and install all power, control, signal and instrumentation conduit and cable. 4. Furnish and install the ground system and complete all grounding connections. 5. Furnish and install lighting fixtures and convenience outlets complete with fixtures, switches,

receptacles, cable, conduit and other necessary material. 6. Furnish and install electrical equipment as specified in accordance with the manufacturer's

recommendations, instructions and directions. All equipment shall be properly protected during construction.

7. Mount all floor mounted equipment on concrete pads, whether inside or outside buildings, unless shown otherwise.

8. Furnish and install conduit and cable, and other material and electrical equipment control as required for the heating, ventilating, air conditioning equipment, etc.

9. Complete all connections and test operate the equipment in cooperation with the Owner, the Engineer and others working on the project.

10. Provide temporary wiring for construction use including ground fault protection in accordance with the 2014 National Electrical Code.

3.02 INSPECTION A. The Contractor shall inspect all the electrical equipment and shall notify the Engineer in writing before

the equipment is installed if the equipment appears to be deficient in fit, form or function. 3.03 CONSTRUCTION A. The Contractor, under this portion of the contract, shall be responsible for all cutting, patching,

sleeves, chases, openings, etc. for equipment specified in this portion of the contract documents or for cable and conduit and associated electrical equipment that is specified in this portion of the contract documents to serve equipment that is provided by a different portion of these documents. If the Contractor provides equipment that has power and control requirements that are different from those specified, then that Contractor shall be responsible for any additional costs incurred for engineering, construction, and all wiring changes required to make the alternate equipment perform per the intent of the contract documents.


B. All patching, cutting, etc. shall have a finish that is compatible with the final finish of the remainder of

the surface and shall meet with the approval of the Engineer. 3.04 FIELD TESTING A. Field testing shall be performed as specified under the detailed specifications for the specific

equipment item and also in accordance with requirements for overall testing. 3.05 INSTALLATION A. Each item shall be furnished complete and installed in accordance with the manufacturer's

recommendations, instructions and directions. All installed equipment shall be properly protected during subsequent construction operations.

B. All material shall be new, undamaged and conform to the latest standards for the applicable equipment.

C. Cooperate with other trades to avoid interferences in the installation of this work. Install all equipment and systems so as to correlate with other trades to avoid delay.

D. All connections to existing facility circuitry and piping and all modifications to, or relocation of, existing circuitry and piping required for proper installation of new equipment shall be pursued on a continuous basis and shall be coordinated with the Engineer so as to cause a minimum of shut down time in any existing facilities, as may be applicable.

3.06 INSPECTION, START-UP AND ADJUSTMENT A. The manufacturer or single source supplier of equipment included in applicable sections shall inspect

the completed installation, make all necessary adjustments, corrections or modifications prior to start-up as authorized by the Engineer. After start-up, the manufacturer shall make all final adjustments necessary for the intended use of the equipment and certify in writing that the equipment has been properly installed and adjusted and is operating satisfactorily.

3.07 OPERATOR TRAINING A. The manufacturer or single source supplier shall provide the minimum number of hours of operator

training as specified in each section on the proper use and maintenance of the equipment. The hours shall not necessarily be consecutive. Time of operator training shall be coordinated with and agreeable to the Owner.

3.08 EXISTING EQUIPMENT A. Any existing equipment that is removed, abandoned or disconnected shall remain the property of the

Owner unless the Owner directs, in writing, that the equipment be surrendered to another party. The Contractor shall dispose of any equipment at the Owner's direction. The disposal of the equipment shall be to an Owner's vehicle or the Contractor shall promptly remove the equipment from the site if the Owner surrenders it to the Contractor.

3.09 REMODELING CONDITIONS A. Only where indicated on the Drawings are existing services to be removed, relocated or connected

under Division 16. Upon discovery of unused or disconnected electrical items in the space, the Contractor shall inform the Owner's construction representative for instruction. If Contractor is instructed to remove the items, they shall do so as required.

B. Contractor shall maintain and retain all downstream or disrupted circuitry providing power or control to devices and equipment which are to remain. Contractor shall report damaged existing circuitry


immediately. Contractor shall repair damaged circuitry per the Engineer’s direction. Contractor may be reimbursed by the Owner for damage to circuitry not identified or which can be reasonably expected to exist as a latent condition. Repairs to existing damaged circuitry which is visible or which could be reasonably anticipated will not be reimbursed by the Owner.

END OF SECTION 16010

Basic Materials and Methods RECS Proj. No. 63SP0009 16100-1

SECTION 16100

BASIC MATERIALS AND METHODS

PART 1 - GENERAL 1.01 SECTION INCLUDES A. Work covered under this Section includes providing all materials, equipment and labor to construct a

complete wiring system including conductors, conduit, boxes, fittings, devices and related equipment. 1.02 REFERENCES A. National Fire Protection Association (NFPA):

1. NFPA 70 National Electrical Code (NEC) 2. NFPA 72 National Fire Alarm Code

B. National Electrical Manufacturer’s Association (NEMA): 1. NEMA 250 Enclosures for Electrical Equipment 2. NEMA WD1 Wiring Devices

C. Underwriters Laboratories (UL) 1. UL 6 Rigid Metal Conduit 2. UL 50 Cabinets and Boxes 3. UL 83 Thermoplastic Insulated Wire 4. UL 360 Liquid-Tight Flexible Steel Conduit 5. UL 514 Outlet Boxes and Fittings

D. Insulated Cable Engineers Association (ICEA) 1.03 QUALITY ASSURANCE A. All material shall meet the requirements of the National Electrical Code (N.E.C.), National Electrical

Manufacturers Association (NEMA) specifications and local codes and ordinances, and shall be Underwriter's Laboratories listed, where U.L. standards for such products exist.

1.04 SUBMITTALS A. Submit technical data in conformance with Division 1 and Section 16010 on:

1. Conductors 2. Conduit, boxes, and fittings 3. Devices

PART 2 - PRODUCTS 2.01 CONDUCTORS - COPPER - 600V A. Conductors shall be of soft drawn, annealed copper, having a conductivity of not less than 98% of

pure copper. Conductors shall be NEMA Class B stranded. The conductors shall conform to ICEA and NEMA standards.

B. The minimum size for wiring shall be #12 AWG copper, unless shown otherwise. All conductor sizes are based on copper with THWN insulation rated at not less than 75/C and suitable for wet and dry locations unless noted otherwise.


C. All circuits shall be installed using wire with 600V insulation, unless wire with a different voltage rating is indicated. The insulation, as a minimum, shall have a conductor rating of not less than 75/C in both wet and dry locations. All cable shall have the same type of insulation by the same manufacturer throughout the project. Insulation shall meet all applicable NEMA and ICEA standards.

D. All lugs shall be suitable for 75/C, minimum.

E. #12 AWG or #10 power conductors shall be single strand (solid).

F. Power cable size #8 and above and control/signal cable shall be stranded.

G. Control/signal cable installed without raceway above accessible ceilings shall include an overall jacket rated for use in environmental air plenums.

2.02 CONDUITS, FITTINGS, BOXES AND DEVICES A. The Contractor shall supply conduit, couplings, connectors, junction boxes, fittings and all other

required items for a complete raceway system.

B. Rigid Steel Conduit: 1. The conduit used shall be hot dipped galvanized, including the threads. Unless specified

otherwise the conduit shall not be smaller than 3/4". The conduit shall bear the U.L. label. 2. Job site threading need not be galvanized. However, job site threading shall be painted with oil

base primer to prevent oxidation of the threads. 3. The use of `threadless' connectors with rigid steel conduit is not acceptable. 4. Intermediate metal conduit shall not be acceptable.

C. Electric Metallic Tubing (EMT): 1. Where permitted, the conduit may be galvanized type EMT. The conduit shall bear the U.L. label

and shall not be smaller than 3/4" on home runs and ½" on other runs. Connectors shall be steel compression type. Do not use set screw connectors.

D. Metal-Clad Cable (Type MC):

1. Shall include 600V-insulated copper conductors with THWN-THHN insulation, and full-size insulated green jacket equipment ground.

E. Flexible Sections:

1. Unless equipment is factory wired, the conduit system shall be joined to the equipment with waterproof flexible metallic conduit. The conduit shall be cold rolled steel, galvanized strip shall meet the requirements of a one minute Preece dip test. The galvanized flexible conduit shall be covered with 40 mils +5 PVC coating. The tensile strength of the PVC shall exceed 1600 psi. The flexible conduit shall be connected to the equipment and conduit system with waterproof, oil proof and dust proof connectors which are designed for use with the flexible conduit installed. All flexible conduit and fittings shall be U.L. approved. The minimum and maximum lengths of flexible connectors shall be sixteen (16) and thirty (30) inches respectively. The flexible conduit shall not be used for grounding equipment. A separate conductor in accordance with N.E.C. Section 250 shall be installed inside the flexible section.

F. Boxes - Cast:

1. Outlet and junction boxes shall be of the weatherproof, galvanized cast, ferrous alloy type with threaded hubs for use with rigid steel conduit. The boxes shall bear the U.L. label.

2. In areas where plastic coated rigid steel conduit is utilized the hubs and boxes shall be plastic coated in the same manner as the conduit.

G. Boxes - Stamped Steel:

1. Outlet and junction boxes shall be of the stamped steel type. The boxes shall be sufficiently large for the equipment and number of conductors as dictated by the National Electrical Code. The


boxes shall bear the U.L. label. The couplings shall be gland, or set screw type. Cast set screw type couplings are not acceptable.

2. Stamped steel boxes may be used only where E.M.T. conduit is allowed. The boxes in all other areas shall be of the cast type.

H. Wiring Devices - Specification Grade:

1. Wiring devices shall be AC quiet, NEMA specification grade, heavy duty unless otherwise specified. All devices shall meet Federal and NEMA standards, and shall be listed by the Underwriter's Laboratories. The voltage rating shall be as required for the application. The devices shall have an ampacity of not less than 20 amps and bear the U.L. label.

2. Wall plates in unfinished areas shall be stainless steel and in finished areas may be phenolic, color coordinated for the applicable area or stainless steel. All switches, other than lighting switches, shall have an engraved label identifying the function of the switch and switch positions.

3. Where applicable, devices located in hazardous areas or areas where adverse conditions exist, shall meet NEMA and National Electrical Code requirements for those areas.

4. Steel barrier plates shall be provided between all ganged 277 volt switches.

I. Switch Labels 1. All switches, other than lighting switches, shall have an engraved label identifying the function of

the switch and switch positions. Labels shall be stainless steel, brass, or engraved laminated plastic, attached with screws.

PART 3 - EXECUTION 3.01 SELECTIVE DEMOLITION A. Provide disconnection and removal of all existing equipment shown or otherwise indicated on the

plans to be removed as part of the project. All existing circuitry which will no longer be utilized as a result of the equipment removal shall be disconnected at their source and removed.

B. Where branch circuits feeding existing equipment to be removed also feed other equipment which must remain, then extend new circuitry as required to feed the remaining equipment, including raceways as would be required per the application as specified elsewhere in this section.

3.02 INSTALLATION A. The Contractor shall furnish, install, wire and start-up equipment as required by the contract

documents. The manufacturer's installation recommendations shall be observed and the completed assembly shall meet applicable code requirements.

3.03 CONDUIT INSTALLATION A. The Contractor shall supply conduit, couplings, connectors, junction boxes, fittings and all other

required items for a complete raceway system. The conduit fills indicated in the contract documents are based on copper conductors with THWN insulation suitable for 75/C insulation in both wet and dry locations. The Contractor shall resize conduits for other conductor and/or insulation systems, if approved. The conduit shall be reamed and cleaned and made free of burrs. Exposed conduit runs shall be straight and true with the building lines and elbows, bends and offsets shall be uniform and symmetrical. All conduit runs shall be installed with adequate means for drainage provided at the low points.

B. All conduits shall be securely fastened in place using steel straps, clamps, hangers, split hangers and other commercially manufactured conduit support devices. Provide anchors, fasteners, and supports in accordance with NECA “Standard of Installation”. Do not fasten conduit supports to pipes, ducts, mechanical equipment and conduit.


C. Fabricate supports from structural steel or channel as required. Rigidly weld members or use hexagon head bolts to present a neat appearance with strength and rigidity. Use spring lock washers under all nuts.

D. All home-runs shall be EMT conduit. Type MC Cable shall be utilized only within gypsumboard walls in finished areas and connections only to lighting fixtures.

E. In all locations exposed to physical damage, conduit shall be rigid steel. 3.04 CONDUCTOR INSTALLATION A. Conductors shall be installed using industry accepted techniques as defined by Underwriter's

Laboratories, National Electrical Code, NEMA, ICEA, and other applicable standards. The Contractor shall use approved pulling compound where applicable.

B. No splices shall be made in power wiring except in junction boxes. Conductors shall be continuous from outlet to outlet. Wiring shall be terminated as required in the contract documents.

C. No splices shall be made in signal or control conductors. The wiring shall be continuous from device to device.

D. All wire and cable shall be tested for grounds and continuity before the circuit is energized. The Contractor shall assume full responsibility for damage done to the equipment due to circuit grounds or open circuits.

3.05 COMMUNICATION WIRING A. Wiring systems for communication systems (telephone, intercom, television, etc.), shall not contain

termination devices in the same stud space as termination devices for power wiring.

B. Termination devices are considered to be junction boxes, pull boxes, control cabinets, etc.

C. Power wiring and communication systems wiring shall cross each other at right angles. Power wiring and communication wiring shall not be routed parallel to each other unless separated by 36 inches, minimum for systems with a voltage to neutral of 150 volts or less and 48 inches, minimum for systems of 300 volts to neutral, or less, unless one system is in metallic raceway.

3.06 DEVICE MOUNTING A. In finished areas the switches shall be mounted 48 inches to center above the floor, and receptacles

shall be mounted 18 inches to center above the floor. In unfinished areas, switches and receptacles shall be mounted 48 inches (nominal) to center above the floor. Outdoors, or in areas with adverse conditions, the switches and receptacles shall be mounted 24 inches above grade in cast ferrous boxes or “bell boxes”, unless they are recessed, with weatherproof cover plates.

3.07 SWITCH LABELING A. All switches, other than lighting switches, shall include an engraved cover plate or an engraved label

mounted next to the switch. Labels shall be engraved laminated plastic.

B. Separate labels shall be mounted with anchors and screws. The use of double-back tape or adhesive only is not acceptable.

END OF SECTION 16100

Lighting RECS Proj. No. 63SP0009 16500-1

SECTION 16500

LIGHTING

PART 1 - GENERAL 1.01 DESCRIPTION A. There are no new lights. Some existing lights are relocated to accommodate the new wall. 1.02 SUBMITTALS A. After installation and before the final acceptance of the equipment, bound books containing the record

drawings.

PART 2 – PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.01 GENERAL A. The Contractor shall verify that the fixture bears the U.L. label and meets the requirements for the

location where the fixtures are to be installed.

B. The Contractor shall install fixtures in accordance with the manufacturer's recommendations and shall be mounted carefully and rigidly. All fixtures in air return ceiling systems shall be attached to the grid system. The mounting of the fixtures shall be uniform in height and shall present a neat and workmanlike appearance.

C. The Contractor shall examine the contract documents for the ceiling system into which the fixtures will be installed. If additional supporting material, wire, channels, or bars are required for the installation, other than the equipment supplied with the ceiling system, the Contractor, under this Division, shall furnish and install such devices at no change in the contract price.

D. The fixtures shall be connected into the power distribution system per the requirements of the National Electrical Code, the manufacturer's requirements, or the contract documents, whichever is more stringent.

E. Cleaning and re-lamping existing relocated light fixtures. END OF SECTION 16500


Electronic Access Control System RECS Proj. No. 63SP0009 28 10 00-1

SECTION 28 10 00

ELECTRONIC ACCESS CONTROL SYSTEM

PART 1 - GENERAL 1.01 DESCRIPTION

A. The Electronic Access Control System shall be furnished and installed complete in operating condition. All equipment shall bear the U.L. label where U.L. standards for such equipment exist, and shall be approved by the appropriate governing bodies.

1.02 SCOPE & RELATED DOCUMENTS

A. Provide electronic access control system panel in the electrical room as indicated on the drawing. B. Provide card readers, door position switches, door exiting motion sensors, door controller card /

device, etc. and associated wiring. Device locations indicated on the drawings. 1.03 QUALITY ASSURANCE

A. Manufacturer: 1. System device locations on architectural floor plans. 2. Maintain a 24-hour toll free telephone assistance line for installing dealer support.

A. Installer: 1. Minimum of 5 years experience in performing work of this section who has specialized in the

installation of work similar to that required for this project. 2. Must be factory authorized technician trained by the manufacturer. 3. Maintain adequate supply of replacement parts for system components provided. 4. System sequence operation description.

B. Regulatory Requirements: Installed products shall meet standards of a recognized testing

laboratory (UL. or comparable). 1.04 SUBMITTALS

A. Submit in accordance with requirements of Section 01330.

B. Shop Drawings: Detailing all connected devices, of sufficient detail to adequately communicate that recommended software meets access system requirements, including: 1. System device locations on architectural floor plans. 2. Full schematic wiring information for all devices. Wiring information shall include cable type,

conductor routings, quantities, and connection details at devices. 3. A complete access control system one-line block diagram. 4. System sequence operation description.

C. Product Data

1. Manufacturer’s data for all material and equipment, including terminal devices, local processors, computer equipment, access cards, and any other equipment required for the complete access management and alarm monitoring system. Full schematic wiring information for all devices. Wiring information shall include cable type, conductor routings, quantities, and connection details at devices.

D. Contract Close-out Submittals:

1. Operating instructions. System description, including analysis and calculations used in sizing equipment, and also indicating how equipment will operate as a system to meet the performance requirements of the access control and alarm monitoring system. System sequence operation description.


2. Recommended maintenance required and maintenance intervals. 3. Parts list, including: wiring and connection diagrams. 4. Record Documents: Maintained on a separate hard copy set of drawings, elementary

diagrams, and wiring diagrams of the access control and alarm monitoring system, accurately reflecting all changes and additions to the access control and alarm monitoring system.

1.05 DELIVERY, STORAGE, AND HANDLING

A. Comply with General Requirements. 1. Deliver materials in manufacturer's original, unopened, undamaged containers with

identification labels intact. 2. Store materials protected from exposure to harmful environmental conditions and at

temperature conditions recommended by manufacturer. 3. Handle products and systems in accordance with manufacturer's instructions.

1.06 WARRANTY

A. Comply with General Requirements. B. Manufacturer's Warranty: Submit manufacturer's standard warranty document executed by

authorized company official. Manufacturer's warranty is in addition to, and not a limitation of, other rights Owner may have under the Contract Documents. 1. Warranty Period: Two years from date of Substantial Completion.

PART 2 – PRODUCTS 2.01 Control Panels

A. Manufacturers: Subject to compliance with requirements, provide products by the following. 1. Provide a PCSC system, installed by Huntington Technical Services, inc. Contact Michael

Huntington at 952-891-1473. Existing system is a PCSC system. B. Security Panels shall be ordered with Memory Expansion (20,000 cardholder capacity). C. Security Panels shall be installed in accordance with specifications set in the PCSC IQ-400

Installation Manual 33-10057-001 Rev B (or most recent edition), no exceptions. 2.02 Power Supplies

A. Two separate Power Supplies shall be provided for each Security Panel installation. The first Power Supply shall be rated 12VDC and will supply power to Security Panel and Card Readers only. The second Power Supply should be rated 24VDC and will supply power to the Electrified Locking Hardware. All power supplies shall have battery backup.

2.03 Card Readers

A. Card Readers shall be manufactured by HID and shall be of the following models depending upon requirements. 1. Wall mounted: Thinline II Proximity Card Reader 2. Mullion mounted: Mini Prox Card Reader

2.04 Door Position Switches

A. All Card Reader Doors shall have a door position switch installed and should be of the following models depending upon requirements: 1. Concealed: Sentrol 1078 Series 2. Surface Mounted: Sentrol 2500 Series 3. Overhead Door: Sentrol 2200 Series

2.05 Request to Exit Devices (REX)

A. All Card Reader Doors shall have an infrared motion sensor installed for detecting authorized exits. REX motion sensors shall be wired to the REX input of the Security Control Panel. For doors equipped with Electromagnetic Locks, activation of the REX shall release the lock and shunt the intrusion alarm input. For doors equipped with an electric door strike that are free


exiting (IE, the door hardware allows for exit at all times) the REX shall only shunt the intrusion alarm input and shall not unlock the door.

B. REX motion sensor shall be manufactured by Detection Systems, Model DS150I Series or equivalent.

2.06 Electrified Locking Hardware

1. Electrified Locking Hardware should be rated at 24VDC continuous duty. All hardware should provide failed-secure operation unless failed-safe operation is required by local fire codes.

2. Hardware should be selected based on the following order of preference: 1. Electric Door Strike, Failed-Secure 24VDC continuous duty (Fail-safe if required) 2. Electromagnetic Door Lock (Mag Lock) w/one-touch request to exit in addition to the infrared

motion detection request to exit (not to be use for fail-secure applications) 3. It is requested that the following hardware not be used unless absolutely necessary. If the

following hardware is necessary, in-door wiring must use Von Duprin EPT-10 SP28 (or equivalent) Power Transfers not Electrified Door Hinge Transfers. 1. Electric Latch Retractors (Panic Bars) 2. Electrified Mortise Lock (Lever Hardware)

4. All Electrified Locking Hardware shall have Noise Suppression Devices installed. Noise Suppression Devices shall consist of a Metal-Oxide-Resistor (MOV), Siemens S10K30 or equivalent and Diode (1N4004-1N4007) wired in parallel with the load (IE, the door strike). If this Noise Suppression is not installed, damage to the Control Panel can occur.

PART 3 - EXECUTION 3.01 GENERAL A. Install system components and appurtenances in accordance with the printed instructions.

B. Provide all necessary interconnections, services, and adjustments required for a complete and

operable system. C. Install control signal, communications, and data transmission line grounding as necessary to preclude

ground loops, noise, and surges from adversely affecting system operation. 3.02 FIELD QUALITY CONTROL A. Testing

1. Supply a proposed acceptance test procedure. 2. Testing of system shall be the sole responsibility of the Contractor. 3. Communications tests:

a) Controllers to manager server. b) Manager server to client. c) Remote dial-up support.

B. Inspection 1. Provide an on-sight, factory-trained technician to assist, advise or manage installing personnel. 2. All final connections shall be made under the direct supervision of the Factory Authorized

Systems Integrator

C. Field Service 1. Provide first line support for both the hardware and software properties of the selected system 2. Provided second line support directly from the manufacturer for all component and computer

hardware and all operating and application software that comprise the complete system. 3. Determine and report all problems to the manufacturer’s customer service departments. 4. Support shall be available to the integrator via the following methods:

a) Phone inquiries. b) Direct dial-in to the customer system for remote system troubleshooting by a qualified Field Service Engineer.


c) On-site visits if required, upon approval by the manufacturer's Customer Service Manager. 3.03 ON SITE COMMISSIONING AND TRAINING A. The installing company shall provide direct participation in the on-site commissioning activity of new

systems.

B. Provide systems administrator that is factory trained with the expertise on installing, configuring and commissioning the system to the customer’s specific requirements; and to provide on-site training on system operation and administration.

C. On-site shall be available for system administrators, Operators and other qualified personnel.

D. On site commissioning shall include:

1. Hardware set-up and testing. 2. Preventative maintenance and troubleshooting training. 3. End User training. 4. Database configuration and build assistance.

3.04 FINAL ACCEPTANCE A. Perform the following performance standards before final acceptance:

1. Operate all mechanical devices without down time for a period of 10 days. 2. Operate all electronic devices and equipment without downtime or programming problems for a

period of 10 days. 3. Upon completion of system testing and before the acceptance cycle, provide 2 copies of system

manual to Owner.

END OF SECTION 28 10 00

PLANT MANAGEMENT DIVISION 50 Sherburne Avenue, Room G-10

St. Paul, MN 55155 651.201.2300

Fax: 651.297.5158

CONTRACTORS/VENDORS GUIDELINES RELATED TO BUILDINGS AND PARKING FACILITIES

SENILEDIUG DETALER-GNIDLIUB

All contractors/vendors working on the Capitol Complex are subject to the following building-related guidelines. Contractors/vendors not following these guidelines are subject to removal from the job site.

1. Contractors/vendors must provide the designated Plant Management representative with a list of worker’s names to include first name, middle name, last name, birth date and driver’s license number. All contractors/vendors will be required to undergo a background check prior to their start date. Contractors will need to contact the Plant Management Representative to verify the security clearance. Once individual’s security clearance has been approved they will need to contact Capitol Security at 651.296.6741 and schedule an appointment to receive their security badges. There will be a small charge for acquiring identification badges as well as key access cards. Key access card will not be provided to all contractors. Contractors/vendors must also furnish after-hour* number(s) where they can be reached in the event of an emergency or problem at the job site.

2. New building construction will require background checks however contractors will not be required to display identification badges on the work-site.

3. Contractors/vendors are required to keep a binder at a designated location on-site that includes all Materials Safety Data Sheets (MSDS) for all products to be used by contractors/vendors at the job site. This binder shall be available for review at any time or to respond to emergency or other situations as they may arise.

4. Contractors/vendors must use only key card doors for after-hour* entry/exit into the buildings. All other doors are alarmed.

5. Contractors/ vendors must only use pay phones, or personal cell phones.

6. Contractors/vendors are restricted to their designated work area(s) and to common public spaces such as cafeterias, lobbies, and rest rooms. If a contractor/vendor or its workers are found in other areas of the facility, they will be removed from the facility and a formal complaint may be registered with Materials Management Division against the contractor/vendor.

7. ALL AFTER-HOURS* WORK BY CONTRACTORS/VENDORS MUST BE PRE-APPROVED BY PLANT MANAGEMENT. Plant Management will notify Capitol Security in writing of all approved after-hours* work to be performed by the contractor/vendor including the name(s) of all workers and the day(s)/time(s) that they will be working. The contractor/vendor will designate in writing to Plant Management a reliable employee, by name, and with a photo identification, to be responsible for identifying and controlling all after-hours* work activity. After-

APPENDIX A

RECS Proj. 63SP0009

2

hours* work cannot commence by the contractor/vendor until Plant Management has notified Capitol Security. Failure of Plant Management to promptly or correctly notify Capitol Security is not the fault of the contractor/vendor and is not grounds for action under the contract.

8. When working after-hours*, contractors/vendors must not unlock or open any exterior doors without prior approval of Capitol Security. All exterior perimeter doors are alarmed. Capitol Security can be reached at 651.296.6741

9. CONTRACTORS/VENDORS MUST NOTIFY CAPITOL SECURITY IMMEDIATELY IF THE CONTRACTOR/VENDOR WORK MAY SET OFF THE FIRE ALARMS, i.e., excessive dust, welding.

9 a. See attachment pertaining to Cutting, Welding and other Hot Work.

10. CONTRACTORS/VENDORS MUST NOTIFY PLANT MANAGEMENT IF THE CONTRACTOR/VENDOR WORK WILL AFFECT TENANTS IN THE BUILDING,BUILDING OPERATIONS, OR IN ANY WAY HAVE A NOISE, ODOR OR SERVICE IMPACT. This notification should be at least one week (7 days) prior to any work of this nature commencing, whenever practicable and feasible, whether scheduled during, before or after normal working hours”**. This will afford Plant Management time to notify tenants in the affected building. Work of this nature cannot commence until prior notification has been given and Plant Management has approved commencement of the work.

11. RECEIVING OF SUPPLIES, PARTS OR MATERIALS. The contractor/vendor must sign for their own supplies, parts or materials. State personnel (including staff of Plant Management and Capitol Security) will not accept deliveries for the contractors/vendors unless prior approval has been received from the designated Plant Management representative to do so. Approval is at the sole discretion of the designated Plant Management representative and will only be given if it is determined by them to be in the best interest of the State and the project.

12. USE OF STATE PROPERTY. The contract/vendor shall not use any state owned property, including but not limited to hampers, ladders, or carts.

SENILEDIUG DETALER-YTILICAF GNIKRAP

All contractors/vendors working on the Capitol Complex are subject to the following parking facility-related guidelines. Contractors/vendors and their workers not following these rules are considered violators “for cause” and are subject to having their vehicles ticketed, towed, having their personal or the company’s parking privileges in the Capitol Complex suspended, canceled, or being charged with a misdemeanor by Capitol Security.

Parking permits may be issued by Plant Management and can be purchased at the above address between the hours of 7:00 a.m. to 4:30 p.m. at a rate of $5.00 per day per vehicle. Daily permits can be purchased in increments of up to two weeks. No refunds are offered for unused days Unless otherwise legislated, all parking areas under the custodial control of Plant Management are paid facilities,

1. Pursuant to the awarded construction contract, each primary contractor/vendor is allowed to purchase parking for one vehicle at the approved location. This vehicle must be clearly identifiable through the display on the windshield of a special permit purchase from Plant Management designating this vehicle as the primary contractor vehicle. Vehicles not displaying this special permit on the job site, will be ticketed and/or towed. SUBCONTRACTORS OR OTHER CONSTRUCTION

APPENDIX A

RECS Proj. 63SP0009

3

WORKERS ARE NOT ALLOWED TO PARK AT THE JOB SITE AND MUST FIND THEIR OWN OFF-STREET OR METER PARKING OR PURCHASE DAILYPERMIT(S) FROM PLANT MANAGEMENT.

2. Vehicles delivering supplies, parts or materials may temporarily park at the job site only while their goods or supplies are unloaded. The contractor/vendor must sign for their own supplies, parts or materials. State personnel may not accept deliveries for the contractors/vendors.

3. Vehicles used to conduct work or perform a function at the job site such as cranes and pumping equipment are allowed on the job site as a tool for the job. THISEXCEPTION DOES NOT INCLUDE CONSTRUCTION PEOPLE WHO WORK OUT OF THEIR TRUCKS; USE THEIR TRUCKS AS A SUPPLY SHOP, OR FOR OTHER UNIDENTIFIED, UNAPPROVED PARKING.

4. Contractors/vendors are prohibited from driving on or over sidewalk or grass, unless it is part of their designated staging area or work they are performing.PARKING ON SIDEWALKS IS STRICTLY PROHIBITED.

*After-hours work is defined as work occurring after 5:00 p.m. and before 7:00 a.m., Monday through Friday, and all day on Saturdays, Sundays and State-designated holidays. ** Normal working hours are defined as after 7:00 a.m. and before 5:00 p.m., Monday through Friday, excluding any State-designated holidays.

0309

APPENDIX A

RECS Proj. 63SP0009


For Department of Administration Projects / Plant M anagement Division

STANDARD OPERATING PROCEDURE FOR HOT WORKS

DEPARTMENT: Plant Management DATE: May 1, 2006

PURPOSE:

This Hot Work Permit is required for any temporary operation involving open flames or producing heat and/or sparks. This includes, but is not limited to, oxyacetylene cutting, hot riveting, grinding, chipping, soldering, brazing, thawing pipe, torch applied roofing, and welding. The permit is intended to prevent 1) accidentally activating the building fire detection system, 2) control losses through accidental ignition ofthe State of Minnesota property and 3) ensure safety to all building occupants while hot work procedures are being performed. This is in accordance with 29CFR1910 SubPart Q (OSHA) and the Department of Administration’s Risk Management Division “Cutting Welding and Other Hot Work” written program.

PRIMARY STEPS:

1) Obtain Hot Works permit

2) Gain Authorization

3) Fill out “Hot Works” Permit

4) Follow Required Precautions

5) Cancellation of “Hot Works” Permit

6) Other Points

PROCEDURES:

Step #1: Obtaining a “Hot Works” Permit

A) Before doing any type of open flame or hot work services, obtain a Hot WorkPermit from the designated Facilities Manager. A permit must be obtained for each specific job to be performed.

B) All units must fill out a permit. This includes, but is not limited to, PlantManagement and outside contractors.

C) The designated Facilities Manager for Plant Management is Jim Aleckson.(The designated Facilities Manager for outside contractors is to be determined.)

APPENDIX B

RECS Proj. 63SP0009

E) The Hot Works Permit must be posted at the site for 24 hours and then returned to the designated Facilities Manager for close out after work is fully completed.

Step #6: Other Points

A) This does not apply to work performed in welding cages.B) If the Hot Works Permit tag is missing when the Individual Responsible for Work

goes out for final check, the Individual Responsible for Work should write up a statement and turn the statement into the designated Facilities Manager’s Office for filing and appropriate action. The statement should include craft, building, floor, and room number.

C) For more information, please see the Risk Management Division “Cutting Weldingand Other Hot Work” written program.

Tyler Treichel, Safety DirectorDepartment of Administration

APPENDIX B

RECS Proj. 63SP0009

Step #2: Gain Authorization

A) The designated Facilities Manager will review the Hot Works Permit, determine how the hot work will impact the fire detection system, and inspect the area where hot work operations will be performed. If permit will impact the fire detection system, Capital Security must be notified for proper instructions and Plant Management will deactivate the fire detection systems.

B) The designated Facilities Manager will reject or grant approval of the permit to the Individual Responsible for Work for Plant Management and outside contractors.

C) The Individual Responsible for Work must ensure that the precautions on the back of the Hot Works Permit are followed. Authorization cannot be given unless all precautions are taken. See back of permit for precautions.

D) The Individual Responsible for Work will sign o� on the “Checklist Complete”. E) Permits shall not be approved for any length of time exceeding the normal shift

hours of the welder or cutter except:1. When welding or cutting operations are planned to be continued into the

next shift when the same welder or cutter is operating.2. When emergency repair work warrants the continued operation of cutting

and/or welding into the next shift.

Step #3: Filling out the front of the “Hot Works” Permit

A) The Individual Responsible for Work will fill out and sign the front page of the Hot Works Permit except the “Final Fire Watch Check”.

B) The Hot Works Permit will be reviewed by the Individual Responsible for Work and designated Facilities Manager.

C) If the designated Facilities Manager approves the hot works they will sign the permit and document in a log book for each permit issued the permit, the time issued, time of completion, work area and other necessary information and keep in the office for documentation (Insurance purposes).

D) The permit shall be posted in a conspicuous location near the work site by that Individual Responsible for Work doing the hot work.

Step #4: Follow Required Precautions

A) All precautions that are checked on the permit in the space provided must be followed as per NFPA 51B.

Step #5 Cancellation of “Hot Works” Permit

A) A fire watch must be provided by Plant Management or the outside contractor for at least 30 minutes after hot work is performed, including lunch and break times.

B) Once Fire Watch is completed, they must inform the Individual Responsible for Work (as designated on the Hot Work Permit), upon completion of watch.

C) The Individual Responsible for Work must ensure the work area is monitored every 30 minutes for the next 4 hours after hot work is completed.

D) The final check must be completed by the Individual Responsible for Work or an assigned representative no more than four hours after hot work has been completed and the fire detection system must be reactivated by the Plant Management at this time.

APPENDIX B

RECS Proj. 63SP0009


_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Risk Management Division309Administration Bldg.

50 Sherburne AvenueSt. Paul, MN 55155

Telephone: 651.205.4382

Cutting, Welding, and Other Hot Work

I. Introduction

Welding, oxyacetylene cutting, hot riveting, grinding, chipping, soldering, and other activitiesthat produce sparks or use flame are important tools of modern industry. The portability of the equipment, and its careless use outside maintenance areas specifically designed for its safe use, can increase the likelihood of fires that will destroy facilities and interrupt production. To makesure portable cutting, welding, and other hot work for maintenance, construction, or modification are done safely, a permit system is required.

Statement of the Problem

While industrial cutting, welding, and other hot work are common and useful production, construction, modification, and maintenance methods, they introduce hazards that must be controlled.

The principal hazard associated with portable hot work equipment is that it introduces unauthorized ignition sources into random areas of the facility. Heat sufficient to start fires or ignite explosive materials may come from a number of sources, including:

l. The open flame of a torch,

2. Metals being welded or cut,

3. Molten slag or metal that flows from the work,

4. Sparks that fly from the work,

5. An improperly handled soldering iron,

6. Dropped hot rivets, and

7. Improperly applied grounding clamps during electric arc welding.

The following guidelines shall be followed by both state employees and contractors during all hot work operations, except for those areas specifically designated for such work, e.g., a welding shop located in a maintenance area. The local facility manager shall be assigned to

APPENDIX C

RECS Proj. 63SP0009

Cutting, Welding, and Other Hot Work Page 2

inspect the area where hot work operations will be performed before a hot work permit tag is issued. Precautions to be followed before, during, and after hot work operations have been completed are listed in the following guidelines.

All personnel directly involved in the use of and supervision of equipment that is utilized in hot work shall be familiar with the equipment, the hazards of working with the equipment, and the actions required to prevent and extinguish fires when and if they occur.

II. General Requirements

Fire Prevention and Protection: 1. The basic precautions for fire prevention in welding or cutting work are:

2. The attached Hot Work Permit shall be filled out for each hot work job and kept available at the job site. To request a supply of Hot Work Permit cards, call (651) 205.4382.

3. Fire Hazards. If the object to be welded or cut cannot be moved, all movable fire hazards in the vicinity should be taken to a safe place away from the area (at least 35 feet).

4. Guards/Welding Blankets. If the object to be welded or cut cannot be moved, and all the fire hazards cannot be removed, then guards shall be used to confine the heat, sparks, and slag, and to protect the immovable fire hazards. Approved welding blankets should be used to cover combustible materials.

5. Automatic Sprinkler Protection. If hot work operations are to be conducted in a building protected by automatic sprinklers, it should be verified that the sprinkler system is in-service prior to conducting any hot work operations.

6. A fire watch shall be continuously present during the entire hot work activity and 30 minutes after completion. In addition, the work area should be monitored every 30 minutes for 4 hours after the welding and cutting are complete.

7. Restrictions. If the requirements listed above cannot be followed, welding and cutting should not be performed.

III. Specific Requirements A. Permits. Permits shall be issued by the local facility manager and only to the individual

performing the actual cutting or welding operation.

B. Permits shall not be approved for any length of time exceeding the normal shift hours of the welder or cutter, except:

1. When welding or cutting operations are planned to continue into the next shift and the same welder or cutter is operating.

2. When emergency repair work warrants the continued operation of cutting and/or welding into the next shift.

APPENDIX C

RECS Proj. 63SP0009

Cutting, Welding, and Other Hot Work Page 3

C. No permit shall be authorized to be in effect for any length over twenty-four continuous hours.

D. Permits shall be designed and administered as seen in the attached example.

E. Permits shall be issued and logged on a job-to-job basis. No permits shall be issued for general work in any location. Each specific job shall be issued a separate permit.

F. Logs will be maintained to record the issue and retraction of hot work permits. The log shall be kept in such a manner as to identify each permit issued, the time of issue, time of completion, work area and other necessary information, as required.

G. Once issued, the permit shall be posted in a conspicuous location near the work site so it may be observed during welding or cutting operations.

H. Authorization – provided by local Facility Manager:

1. Authorization shall not be given for hot work operations until all safety precautions and requirements listed on the permit are met. Under no circumstances is a permit to be issued sight unseen. An inspection of the work site must be conducted by the authorizing agent prior to authorization.

2. Authorization shall not be granted for hot work operations if:

(a) The welder or cutter is not properly trained in welding or cutting operations.

(b) Fire Watch is not identified and present at work site.

(c) If welding or cutting equipment is not in proper operating condition and free fromdefect or damage.

(d) If the authorizing individual feels that the operation may jeopardize the safety and welfare of workers, residents, and guests in the vicinity of the work.

3. Welding or cutting operations without authorization shall be permitted only in designated welding areas designed for that purpose, i.e., maintenance shop.

4. All other areas will require the use of a hot work permit, issued and signed by a competent authority (Facility Manager), prior to the start of any hot work.

APPENDIX C

RECS Proj. 63SP0009

WE

LD

ING

and

BU

RN

ING

PE

RM

IT

(Wor

k is

not

per

mitt

ed u

nles

s thi

s car

d is

fille

d in

an

d po

sted

in w

ork

area

)

AM

D

ate

____

___/

____

____

/ ___

____

T

ime

____

____

____

____

____

__ P

M

Bui

ldin

g __

____

____

____

____

____

____

____

____

____

____

____

____

____

__

Dep

artm

ent _

____

____

____

____

____

____

____

____

_ F

loor

___

____

____

___

Wor

k to

be

done

___

____

____

____

____

____

____

____

____

____

____

____

___

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

Spec

ial P

reca

utio

ns _

____

____

____

____

____

____

____

____

____

____

____

___

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

Fire

Wat

ch R

equi

red?

___

____

Yes

__

____

_ N

o

The

loca

tion

whe

re w

ork

is to

be

done

has

bee

n ex

amin

ed b

y m

e, th

e ne

cess

ary

prec

autio

ns h

ave

been

take

n (s

ee b

ack

of p

erm

it), a

nd p

erm

issi

on is

gra

nted

for

this

wor

k.

A

M

Perm

it Ex

pire

s ___

____

/___

____

/___

____

T

ime

____

____

____

___

PM

Sign

ed _

____

____

____

____

____

____

____

____

____

____

____

____

____

____

_

In

divi

dual

resp

onsi

ble

for w

ork

auth

oriz

atio

n (F

acili

ty M

anag

er)

Tim

e St

arte

d __

____

____

____

____

_ Ti

me

Com

plet

ed _

____

____

____

____

___

FI

NA

L C

HE

CK

(W

here

fire

wat

ch is

req

uire

d)

Wor

k ar

ea, a

nd a

ll ad

jace

nt a

reas

whe

re sp

arks

mig

ht h

ave

spre

ad, w

ere

cont

inuo

usly

insp

ecte

d du

ring

the

entir

e tim

e cu

tting

, wel

ding

, or o

ther

hot

wor

k w

as c

ondu

cted

, and

30

min

utes

afte

r com

plet

ion.

In a

dditi

on, t

he w

ork

area

was

m

onito

red

ever

y 30

min

utes

for f

our (

4) h

ours

afte

r the

cut

ting,

wel

ding

, or o

ther

ho

t wor

k w

as c

ompl

eted

, and

no

fire

cond

ition

s wer

e no

ted.

Sign

ed _

____

____

____

____

____

____

____

____

____

____

____

____

____

____

_

Ret

urn

this

per

mit,

afte

r wor

k is

com

plet

ed, t

o fa

cilit

y m

anag

er fo

r fili

ng.

C

HE

CK

LIS

T

□ Fi

re p

rote

ctio

n sy

stem

(s) i

n se

rvic

e (s

prin

kler

s, C

O2,

foam

).

□ C

uttin

g an

d w

eldi

ng e

quip

men

t in

good

con

ditio

n.

□ Fl

oor/g

roun

d cl

ean

(and

wet

dow

n w

hen

nece

ssar

y).

□ C

ombu

stib

les a

t lea

st 3

5 fe

et fr

om w

eldi

ng a

rea.

□ Fl

amm

able

liqu

ids a

nd o

ther

haz

ards

rem

oved

from

are

a.

□ A

ll flo

or a

nd w

all o

peni

ngs w

ithin

35

feet

cov

ered

.

□ N

on-c

ombu

stib

le c

over

s use

d to

pro

tect

nea

rby

com

bust

ible

s an

d eq

uipm

ent.

□ C

onta

iner

s, ta

nks,

duct

s, an

d ot

her e

nclo

sure

s cle

aned

and

pu

rged

of f

lam

mab

le v

apor

s, liq

uids

, dus

ts, a

nd o

ther

ha

zard

ous m

ater

ials

.

□ Fi

re e

xtin

guis

hers

or s

mal

l sta

ndpi

pe fi

re h

ose

prov

ided

.

□ A

ll ha

zard

ous o

pera

tions

dis

cont

inue

d in

are

a.

□ Fi

re w

atch

shou

ld b

e pr

esen

t dur

ing,

and

at l

east

one

-hal

f hou

r af

ter,

wel

ding

or b

urni

ng h

as c

ease

d.

□ Lo

catio

n of

nea

rest

fire

ala

rm b

ox id

entif

ied.

Whe

n po

ssib

le, d

o w

ork

in a

non

-com

bust

ible

are

a.

An

indi

vidu

al sh

ould

gen

eral

ly b

e as

sign

ed to

wat

ch fo

r dan

gero

us

spar

ks in

the

area

and

the

floor

bel

ow.

APP

END

IX C

RECS

Pro

j. 63

SP00

09

STATE PATROL CAPITOL SECURITY DIVISION BACKGROUND CHECK REQUEST

Date: ____________________ Admin Rep ____________________

Contractor Name _________________________________________________

Bldg/Area of Work _______________________________________________

Hours of Work__________________________________________________

Project Start Date _________________ End Date _______________

Complete names (including middle name) and date of birth are required.

Driver’s license number and state it is issued from, if available.

Full Name DOB Driver License # State 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

0309

APPENDIX D

RECS Proj. 63SP0009


OVERALL 2ND FLOOR PLAN

1

2'

G'

F.3'

F'

G'

F.3'

F'

3' 3.8' 5'

PARTIAL 2ND FLOOR PLAN

1

2'

G'

F.3'

F'

G'

F.3'

F'

3' 3.8' 5'

PARTIAL 2ND FLOOR RCP

1

DOOR ELEVATION

1

BOX BEAM HEADER DETAIL

2