Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PR 19225: DEZTEX INDUSTRIAL, IMPROVEMENTS TO GRIFFIN PARK, HERMAN PARK AND ROSE HILL PARK
Memorandum City of Port Arthur, Texas Civic Center Department DATE: November 18, 2015 TO: Brian McDougal, City Manager FROM: Adam J. Saunders, Interim Parks& Recreation Director RE: Proposed Resolution No. 19225 REQUEST: The Parks and Recreation Department has three (3) parks in need of improvements, Griffin Park, Herman Park and Rose Hill Park. A plan for improvements has been completed by The LaBiche Architectural Group, Inc., along with input from the neighborhoods adjacent to each park. DezTex Industrial provided the lowest and most responsive bid. I am requesting that the City of Port Arthur enter into a contract with DezTex Industrial for this service in the amount of$520,984.00. ANALYSIS/CONSIDERATION: From the above mentioned plan, bids were received from several companies, and DezTex Industrial was the lowest and most responsive bidder in the amount of$520,984.00. RECOMMENDATION A resolution awarding a contract for the improvements to Griffin Park, Herman Park and Rose Hill Park to DezTex Industrial of Port Arthur, Texas, in the amount of$520,984.00 BUDGETARY AND FISCAL EFFECT EDC Account No. 120-1429-582.59-05, Project ED 1307 (84% - $435,000), and Parks Account No. 001-1207-531.39-00 (16% - $85,984) STAFFING EFFECT None. PR 19225 P. R. NO. 19225 11/18/15 AS RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DEZTEX INDUSTRIAL OF PORT ARTHUR, TEXAS, FOR IMPROVEMENTS TO GRIFFIN PARK, HERMAN PARK AND ROSE HILL PARK, IN THE AMOUNT OF $520,984.00. FUNDS ARE AVAILABLE IN PAEDC ACCOUNT NO. 120-1429-582.59-05, PROJECT ED 1307 (84% - $435,000.00), AND PARKS ACCOUNT NO. 001-1207-531.39-00 (16% -$85,984.00) WHEREAS, on August 12, 2015, competitive sealed bids were opened from companies submitting bids for the improvements to Griffin Park, Herman Park and Rose Hill Park; and, WHEREAS, The LaBiche Architectural Group, Inc. examined the bids and determined that DezTex Industrial of Port Arthur, Texas, is the lowest and most responsive bidder in the amount of $520,984.00, as delineated in the bid tabulation attached as Exhibit "A"; and, WHEREAS,the City of Port Arthur desires to enter into a contract with DezTex Industrial of Port Arthur, Texas, in substantially the same form as attached hereto as Exhibit "B", for the improvements to Griffin Park, Herman Park and Rose Hill Park. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That, the facts and opinions are true and correct. Section 2. That the City Manager is hereby authorized and directed to execute on behalf of the City of Port Arthur a contract, in substantially the same form attached hereto as Exhibit "B", between the City of Port Arthur and DezTex Industrial of Port Arthur, Texas, for the contract price of $520,984.00 for the improvements of Griffin Park, Herman Park and Rose Hill Park. PR 19225 Section 3. That, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of November, 2015, A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Deloris Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: \(�jelA4—no,Valecia ity Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager APPROVED AS TO AVAILABILITY OF FUNDS: Aitudk /41.49 .4.,'14 Jerry Dale, CPA/GFOA Clifton Wi iams, CPPB Interim Director of Finance'`ipY t 5 Acting Purchasing Manager PR 19225 EXHIBIT "A" PR 19225 Q OO O. ccu Li oN s _ X X X X Xa � ¢od -3 Tc9 : EXHIBIT "B" PR 19225 CONTRACT FOR PARK IMPROVEMENTS TO GRIFFIN PARK, HERMAN PARK AND ROSE HILL PARK THIS AGREEMENT, made this day of November, 2015, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY", and by and through DezTex Industrial, hereinafter called "CONTRACTOR". WITNESSETH: That, for and in consideration of, the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall commence within one (1) day from the date stated on the Notice to Proceed. The work to be performed under this Contract will be completed within 115 days of commencement. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work, which is included in the Project Proposal, and Specifications attached hereto. 3. During the term of this Contract, the Contractor will furnish at this own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications and Scope of Work noted in the Project Proposal. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the amount of$521,984.00. 5. The CONTRACTOR will commence the work required by the Contract Documents upon receipt of a Notice to Proceed. 6. The term "Contract Documents" means and includes the following" a. Agreement b. Specifications c. General Information d. Addendum Nos. 1 and 2 e. Bid f. Notice to proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written OWNER: CITY OF PORT ARTHUR, TEXAS BY: Brian McDougal City Manager CONTRACTOR: DEZTEX INDUSTRIAL BY: Print Name: Title: DELORIS"BOBBIE"PRINCE,MAYOR BRIAN McDOUGAL KAPRINA RICHARDSON FRANK, Energy .� CITY MANAGER MAYOR PRO TEM City of City \ , COUNCIL MEMBERS: ! ` 4101� SHERRI BELLARD,TRMC RAYMOND SCOTT,JR CITY SECRETARY TIFFANY L.HAMILTON %Vt r t h u r MORRIS ALBRIGHT,III VAL TIZENO STEPHEN MOSELY Texas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN JULY 6,2015 INVITATION TO BID PARK IMPROVEMENTS ROSE HILL PARK, GRIFFING PARK& HERMAN PARK DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 12, 2015. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, August 12, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: PARK IMPROVEMENTS DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 shawna.tubbs@portarthurtx.gov Questions concerning the Scope of Work should be directed in writi,i&' to: The LaBiche Architectural Group, Inc. Dohn H. LaBiche, FAIA 7999 Gladys Ave., #101 Beaumont, Texas 77706 dlabiche@labiche.com • Purchasing Division/Finance Dept I Shawna Tubbs,CPPO,CPPB,Purchasing Manager P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 www.portarthur.net The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Acting Purchasing Manager • 3=: Page 2 of 13 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Park Improvements: Rose Hill Park, Griffins Park & Herman Park will be held on Tuesday,July 28,2015 at 10:00 a.m. at City Hall, 5th Floor Council Chambers, located at 444 4th Street, Port Arthur, Texas. The purpose of the Mandatory Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 13 Dohn H.LaBiche,FALA-Principal Greg Wall,AlA-Principal The LaBide 7999 Gladys ARCHITECTURAL GROUP INC Avenue,Suite 101 Beaumont,Texas 77706 (409)860-0197•Fax(409)860-0198 111 August 03,2015 ADDENDUM NO. 1 #14037_City of Port Arthur— Rose Hill, Griffing, & Herman Parks PORT ARTHUR,TEXAS The following changes,corrections and additions or deletions to the Drawings Form made part of the Contract Documents. Bidders shall acknowledge receipt BidheForm g and Specifications are p of this Addendum in the SPECIFICATIONS Bid d Band Remove existing Bid Bond in its entirety,and replace with new Bid Bond attached. DRAWINGS None End of Addendum No. 1 hC hce Desi9 14.1 lllllllllllllllllllllll H• Ca 'yy• to+4 �`+h 11592 . ? ++1,1�iii`:," �•►�.,.��� Page 1 of 1 g(4 /5 II H.LaBiche,FAIA-Principal i- -- Greg Wall,AIA-Principal LaBiche 7999 Gladys Avenue,Suite 101 T L The aBiche Beaumont,Texas 77706 I I ARCHITECTURAL GROUP INC (409)860-0197•Fax(409)860-0198 August 03,2015 ADDENDUM NO.2 #14037-City of Port Arthur- Rose Hill, Griffing, & Herman Parks PORT ARTHUR,TEXAS The following changes,corrections and additions or deletions to the Drawings and Specifications are hereby made part of the Contract Documents.Bidders shall acknowledge receipt of this Addendum in the Bid Form SPECIFICATIONS None I)RAWINGS Sheet E1.2 Revise the callouts on E1-2 Detail 6 as follows: 1. Change the callout for 2 each 1"C stub-out and cap to 3 each 1"C stub-out and cap. 2. Change the callout for 1"C to Junction box from 1"C—4#10,2#10 G to 1"C—8#10,2#10 G. End of Addendum No. 2 ......,,,,O ►►i • . .: Page lofl :• If/riff 0/3115 INVITATION TO BID PARK IMPROVEMENTS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 13 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: PARK IMPROVEMENTS : ROSE HILL PARK, GRIFFING PARK& HERMAN PARK BID DUE DATE: 8 i 20 15 DESCRIPTION Pcir K Iryw oU p,Y.,e,ti,45 COST ROSE HILL PARK : pe,<— cL 2Qcc• Dollars $ 37 G') 7 '75, Materials $ 3 8, .5677 Labor $ J : fi Sad ROSE HILL PARK ALTERNATE #1 (ENTRY DRIVE) : <;rLp �t..��,,. ,I -Z w-ev) fr.re am,. $ Dollars $ 9I 3 10 Materials $ Sc)7 Labor $ 32, S0.? GRIFFING PARK : t >wttkr-is, g-44" e 9 /1-A-,-4- Dollars $ 70, Q SS Materials $ SO, c21 u Labor $ /'7 `I 3 HERMAN PARK : /w,,0 81.6_ b)StA Dollars $ -7 3., VS-5/ Materials $ S3 =2 78 Labor $ 1 S 17 0 Page 5of13 TOTAL PROJECT : S iht, 1 •rcti�, crw��, R Dollars $ (4, 0 , 3`19t0 Materials $ 3 S , b-1 Bidders Signatur \. Labor $ 1 9t 1,t 4 1 Work will be complete in 1 1 working days. c_. ti\ MANI CO Cr.u ce 5 a Cc, aid!).-rv\ \o aVF COMPANY NAME STREET ADDRESS GNATURE OF BIDDER P.O.BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO Lvv\ce c)QCV > e\(V)e .COm 'L\ q— 9g- 11 c0a EMAIL FAX NO. Page 6 of 13 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: / I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. D@ZfE �nc� } (`i�� @� v'iLe5, L.L. C 8- 2,at5 Firm Name Date 4. V P 'e-'ock;ons Authorized Signature Title 1-NCXY\ De-sNA62el ,D9- 9V 3 -- SS-Sc Name (please print) Telephone Lane_ e...Des ho 1-e_l Q 1)-ez_ A Email STATE: X COUNTY: • -fe;sc,r� SUBSCRIBED AND SWORN to before me by the above n. •ed L NC e 6 L on this the TCl -T4 day of AU��, ' � 0 , .4 / �. Ari ary Publi 41. '. \\\\`4.t11,•. RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL ''��R� O /?'//% 'k RE`?• 4 `� Page 7 of 13 06. 0111201`gso. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income, from the filer of the questionnaire? Yes El No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes /' No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. 1,34 - r-\ -11 - 2015 Signature of person doing business with the governmental entity Date Page 8 of 13 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 9 of 13 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Dr. Albert Thigpen,Director of Parks and Recreation, P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. • Page 10 of 13 INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a retailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur :he option of selecting goods which may be considered more suitable for the purpose involved. [n the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. finder the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or rational origin, be excluded from participation in, be denied the benefits of, or be subjected to liscrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a imely and proper manner his obligations under this contract, or if the Contractor shall violate any of he covenants, agreements or stipulations of this contract, the City shall thereupon have the right to Page 11of13 terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. • Page 12of13 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Thntractor shall cause Contractor's insurance company or insurance agent to fill in all information -equired (including names of insurance agency, contractor and insurance companies, and policy lumbers, effective dates and expiration dates) and to date and sign and do all other things necessary to ;omplete and make into valid certificates of insurance and pertaining to the above listed items, and )efore commencing any of the work and within the time otherwise specified, Contractor shall file ;ompleted certificates of insurance with the Owner. \Tone of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at east fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for rll Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE DF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten :10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of :he Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within Ruch period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the ;ontractor. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the ;ontract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State Df Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. Page 13 of 13 CONSTRUCTION MANUAL N 1` / 4 /I " ' \ A„,,m Energy `. City of - City ___,,, orirc-',t rill u � Texas a.s PARK IMPROVEMENTS ROSEHILL PARK GRIFFING PARK HERMAN PARK PORT ARTHUR, TEXAS PROJECT #14037 L. 11�aff �`� H. Lae"ti�%%4 The LaBiche 2";11:::: :04::t1L". m� ARCHTTFCTIJRAT.GROUP,INC. I:4 i, " �y�7999 Gladys Avenue,Suite 101 ,�- �/(409)860-0197s 777065 �is,, 9 _ iwww.labiche.com ��'+ �• �_� Prfvf id s PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK Division Section Title Pages SPECIFICATIONS GROUP General Requirements Subgroup DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS CITY OF PORT ARTHUR BIDDER REQUIREMENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR (AIA A101-2007) GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (AIA A201-2007) SUPPLEMENTARY GENERAL CONDITIONS TEXAS STATUATORY PERFORMANCE BOND TEXAS STATUATORY PAYMENT BOND BID BOND INDEX OF DRAWINGS DIVISION 01 - GENERAL REQUIREMENTS 011000 SUMMARY 4 012500 SUBSTITUTION PROCEDURES 3 012600 CONTRACT MODIFICATION PROCEDURES 3 012900 PAYMENT PROCEDURES 4 013100 PROJECT MANAGEMENT AND COORDINATION 7 013200 CONSTRUCTION PROGRESS DOCUMENTATION 4 013300 SUBMITTAL PROCEDURES 10 014000 QUALITY REQUIREMENTS 7 014200 REFERENCES 13 015000 TEMPORARY FACILITIES AND CONTROLS 8 016000 PRODUCT REQUIREMENTS 7 017300 EXECUTION 6 017700 CLOSEOUT PROCEDURES 5 017823 OPERATION AND MAINTENANCE DATA 5 017839 PROJECT RECORD DOCUMENTS 4 Facility Construction Subgroup DIVISION 02 NOT USED DIVISION 03- CONCRETE -__���•�����xa%v 033000 CAST-IN-PLACE CONCRETE 7 ' +��� 8 •e?: ---77;144,;13,__--' �i DIVISION 04- 06 G�� ei0iy J,�I NOT USED i o O�,V 1-orn i w'O my 0 DIVISION 07-THERMAL AND MOISTURE PROTECTION %�* '4 ��� ��jl`:>N44. 115''% TABLE OF CONTENTS /PPP IS 1 of 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 079200 JOINT SEALERS 3 DIVISION 08-10 NOT USED DIVISION 11 - EQUIPMENT 116816 PLAYGROUND EQUIPMENT 8 DIVISION 12 - FURNISHINGS 129300 SITE FURNISHINGS 2 DIVISION 13 - SPECIAL CONSTRUCTION 133423 SHELTERS 5 DIVISION 14- CONVEYING EQUIPMENT NOT USED Site and Infrastructure Subgroup DIVISION 22 - 25 NOT USED DIVISION 26 - ELECTRICAL 260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 3 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 3 260533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 2 262416 PANELBOARDS 4 262726 WIRING DEVICES 3 265600 EXTERIOR LIGHTING 6 DIVISION 27-30 NOT USED DIVISION 31 - EARTHWORK 310000 EARTHWORK 7 311000 SITE CLEARING 3 312000 EARTH MOVING 8 8 .• C'3;Q yyi 1.2% A51DIVISION 32 - EXTERIOR IMPROVEMENTS w` �� / �° 321313 PORTLAND CEMENT CONCRETE PAVING a / ��Iles�'4 8 1 .92 . TABLE OF CONTENTS fr / /✓ 2 of 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 321373 CONCRETE PAVING JOINT SEALANTS 3 321816 PLAYGROUND PROTECTIVE SURFACING 6 321823 TENNIS COURT RESURFACING 2 323113 CHAIN LINK FENCES AND GATES 4 329223 SODDING 3 END OF TABLE OF CONTENTS Q,E. Ai? T1s I ogo J� y%�` 0 iLu rn;n � i ��� may• 6,x 4.1, 1159 all TABLE OF CONTENTS ///1�7 / /I? 3 of 3 Yf DELORIS"BOBBIE"PRINCE,MAYOR BRIAN McDOUGAL KAPRINA RICHARDSON FRANK, CITY MANAGER MAYOR PRO TEM City of eity \\ COUNCIL MEMBERS: ' ` SHERRILk) BELLARD,TRMC RAYMOND SCOTT,JR CITY SECRETARY TIFFANY L.HAMILTON MORRIS ALBRIGHT,III VAL TIZENO STEPHEN MOSELY Texas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN JULY 6, 2015 INVITATION TO BID PARK IMPROVEMENTS ROSE HILL PARK, GRIFFING PARK & HERMAN PARK DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 12, 2015. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, August 12, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: PARK IMPROVEMENTS DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writinj'to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 shawna.tubbs@portarthurtx.gov Questions concerning the Scope of Work should be directed in writinji to: The LaBiche Architectural Group, Inc. Dohn H. LaBiche, FAIA 7999 Gladys Ave., #101 Beaumont, Texas 77706 dlabiche@labiche.com Purchasing Division/Finance Dept 1 Shawna Tubbs,CPPO,CPPB,Purchasing Manager P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1 409.983.8160 1 Fax 409.983.8291 www.portarthur.net The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Acting Purchasing Manager Page 2 of 13 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Park Improvements: Rose Hill Park, Griffins Park & Herman Park will be held on Tuesday, July 28,2015 at 10:00 a.m. at City Hall,5th Floor Council Chambers, located at 444 4th Street, Port Arthur, Texas. The purpose of the Mandatory Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 13 INVITATION TO BID PARK IMPROVEMENTS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 13 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: PARK IMPROVEMENTS : ROSE HILL PARK, GRIFFING PARK & HERMAN PARK BID DUE DATE: DESCRIPTION COST ROSE HILL PARK : Dollars $ Materials $ Labor $ ROSE HILL PARK ALTERNATE #1 (ENTRY DRIVE) : Dollars $ Materials $ Labor $ GRIFFING PARK : Dollars $ Materials $ Labor $ HERMAN PARK : Dollars $ Materials $ Labor $ Page 5of13 TOTAL PROJECT : Dollars $ Materials $ Bidders Signature: Labor $ Work will be complete in working days. COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO EMAIL FAX NO. Page 6 of 13 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of , 20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 7of13 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ ror Vendor or other person doing business with local governmental entity Chis questionnaire reflects changes made to the law by H.B. 1491, 80th Leg.,Regular Session. Chis questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship is defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). 3y law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business lay after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government :ode. k person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this ;ection is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. Z. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Page 8 of 13 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 9 of 13 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Dr. Albert Thigpen,Director of Parks and Recreation, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. Page 10 of 13 INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to Page 11 of 13 terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person./$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. Page 12 of 13 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,the time may be extended by mutual agreement between OWNER and CON TRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. Page 13 of 13 ® =� Document AIOITM — 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modification. and the Contractor: AIA Document A201 T""-2007, (Name, legal status, address and other information) General Conditions of the Contract for Construction,is adopted in this document by reference.Do not use with other general conditions unless this document is modified. for the following Project: (Name, location and detailed description) The Architect: (Name, legal status, address and other information) The Owner and Contractor agree as follows. AIA Document A101'TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 10:55:50 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (1111048565) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) If,prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests,the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement.If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Init. AIA Document A101""—2007.Copyright 01915,1918,1925,1e937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 2 maximum extent possible under the law.This document was produced by AlA software at 10:55:50 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (1111048565) Portion of Work Substantial Completion Date ,subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be ($ ),subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices,if any: (Identify and state the unit price;state quantity limitations, if any,to which the unit price will be applicable.) Item Units and Limitations Price Per Unit($0.00) § 4.4 Allowances included in the Contract Sum,if any: (Idents allowance and state exclusions, if any,from the allowance price.) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the day of the month.If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than ( )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 3 maximum extent possible under the law.This document was produced by AIA software at 10:55:50 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (1111048565) § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent( %). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM-2007,General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of percent( %); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims; and (Section 9.8.5 ofAIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. Init. AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 4 maximum extent possible under the law.This document was produced by AIA software at 10:55:50 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (1111048565) (If the parties mutually agree,insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be as follows: (Check the appropriate box.If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 Litigation in a court of competent jurisdiction [ ] Other(Spec) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon,if any.) § 8.3 The Owner's representative: (Name, address and other information) § 8.4 The Contractor's representative: (Name, address and other information) AIA Document A101 T"-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:55:50 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (1111048565) § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents,if any,forming part of the Contract Documents: .1 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: .2 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents Init. AIA Document A101'"'-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAC Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 10:55:50 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (1111048565) unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAIA Document A201-2007.) Type of insurance or bond Limit of liability or bond amount($0.00) This Agreement entered into as of the day and year first written above. OWNER(Signature) CONTRACTOR(Signature) (Printed name and title) (Printed name and title) The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas. Texas Board of Architectural Examiners P.O.Box 12337 Austin, 7X 78711-2337 Telephone: (512)305-9000/Fax: (512)305-8900 AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 10:55:50 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (1111048565) tT Document A201TM — 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) THE OWNER: (Name, legal status and address) This document has important legal consequences.Consultation with an attorney is encouraged with respect to THE ARCHITECT: its completion or modification. (Name, legal status and address) 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 • AIA Document A201 T"-2007.Copyright©1911,1915,1918,1925,. 1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA° Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) INDEX Architect's Administration of the Contract (Topics and numbers in bold are section headings.) 3.1.3,4.2,3.7.4, 15.2,9.4.1,9.5 Architect's Approvals 2.4.1,3.1.3,3.5,3.10.2,4.2.7 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6.6,9.9.3,12.3 3.5,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 1.1.7, 1.5 Access to Work Architect's Decisions 3.16, 6.2.1, 12.1 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, Accident Prevention 7.3.7,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 10 13.5.2, 15.2, 15.3 Acts and Omissions Architect's Inspections 3.2,3.3.2,3.12.8,3.18,4.2.3,8.3.1,9.5.1, 10.2.5, 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Architect's Instructions Addenda 3.2.4,3.3.1,4.2.6,4.2.7, 13.5.2 1.1.1,3.11.1 Architect's Interpretations Additional Costs,Claims for 4.2.11,4.2.12 3.7.4,3.7.5,6.1.1,7.3.7.5, 10.3, 15.1.4 Architect's Project Representative Additional Inspections and Testing 4.2.10 9.4.2,9.8.3, 12.2.1,13.5 Architect's Relationship with Contractor Additional Insured 1.1.2, 1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,3.5, 11.1.4 3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16,3.18, Additional Time,Claims for 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, 3.2.4,3.7.4,3.7.5,3.10.2,8.3.2,15.1.5 9.7,9.8,9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Administration of the Contract Architect's Relationship with Subcontractors 3.1.3,4.2,9.4,9.5 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3.7 Advertisement or Invitation to Bid Architect's Representations 1.1.1 9.4.2,9.5.1,9.10.1 Aesthetic Effect Architect's Site Visits 4.2.13 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 Allowances Asbestos 3.8,7.3.8 10.3.1 All-risk Insurance Attorneys' Fees 11.3.1, 11.3.1.1 3.18.1,9.10.2, 10.3.3 Applications for Payment Award of Separate Contracts 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.6.3,9.7,9.10, 11.1.3 6.1.1,6.1.2 Approvals Award of Subcontracts and Other Contracts for 2.1.1,2.2.2,2.4,3.1.3,3.10.2,3.12.8,3.12.9,3.12.10, Portions of the Work 4.2.7,9.3.2, 13.5.1 5.2 Arbitration Basic Definitions 8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 1.1 ARCHITECT Bidding Requirements 4 1.1.1,5.2.1, 11.4.1 Architect,Definition of Binding Dispute Resolution 4.1.1 9.7, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, Architect,Extent of Authority 15.3.2, 15.4.1 2.4.1,3.12.7,4.1,4.2,5.2,6.3, 7.1.2,7.3.7,7.4,9.2, Boiler and Machinery Insurance 9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 11.3.2 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Bonds,Lien Architect,Limitations of Authority and Responsibility 7.3.7.4,9.10.2,9.10.3 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, Bonds,Performance,and Payment 4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4,9.4.2, 7.3.7.4,9.6.7,9.10.3, 11.3.9, 11.4 9.5.3,9.6.4, 15.1.3, 15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Init. AIA Document A201 TM-•2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) Capitalization Compliance with Laws 1.3 1.6.1,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4, 10.2.2, Certificate of Substantial Completion 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 9.8.3,9.8.4,9.8.5 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Certificates for Payment Concealed or Unknown Conditions 4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, 3.7.4,4.2.8,8.3.1, 10.3 9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Conditions of the Contract Certificates of Inspection,Testing or Approval 1.1.1,6.1.1,6.1.4 13.5.4 Consent,Written Certificates of Insurance 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, 11.1.3 9.10.2,9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Change Orders Consolidation or Joinder 1.1.1,2.4.1,3.4.2,3.7.4,3.8.2.3,3.11.1,3.12.8,4.2.8, 15.4.4 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, CONSTRUCTION BY OWNER OR BY 9.3.1.1,9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, SEPARATE CONTRACTORS 15.1.3 1.1.4,6 Change Orders,Definition of Construction Change Directive,Definition of 7.2.1 7.3.1 CHANGES IN THE WORK Construction Change Directives 2.2.1,3.11,4.2.8,7, 7.2.1, 7.3.1,7.4,8.3.1,9.3.1.1, 1.1.1,3.4.2,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, 11.3.9 9.3.1.1 Claims,Definition of Construction Schedules,Contractor's 15.1.1 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 CLAIMS AND DISPUTES Contingent Assignment of Subcontracts 3.2.4,6.1.1,6.3,7.3.9,9.3.3,9.10.4, 10.3.3, 15, 15.4 5.4, 14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 15.4.1 15.1.3 Claims for Additional Cost Contract,Definition of 3.2.4,3.7.4,6.1.1,7.3.9, 10.3.2, 15.1.4 1.1.2 Claims for Additional Time CONTRACT,TERMINATION OR 3.2.4,3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 SUSPENSION OF THE Concealed or Unknown Conditions,Claims for 5.4.1.1, 11.3.9,14 3.7.4 Contract Administration Claims for Damages 3.1.3,4,9.4,9.5 3.2.4,3.18,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.1.1, Contract Award and Execution,Conditions Relating 11.3.5, 11.3.7, 14.1.3,14.2.4, 15.1.6 to Claims Subject to Arbitration 3.7.1,3.10,5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 15.3.1, 15.4.1 Contract Documents,Copies Furnished and Use of Cleaning Up 1.5.2,2.2.5,5.3 3.15,6.3 Contract Documents,Definition of Commencement of the Work,Conditions Relating to 1.1.1 2.2.1,3.2.2,3.4.1,3.7.1,3.10.1,3.12.6,5.2.1,5.2.3, Contract Sum 6.2.2,8.1.2,8.2.2,8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 3.7.4,3.8,5.2.3,7.2,7.3,7.4,9.1,9.4.2,9.5.1.4,9.6.7, 15.1.4 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Commencement of the Work,Definition of Contract Sum,Definition of 8.1.2 9.1 Communications Facilitating Contract Contract Time Administration 3.7.4,3.7.5,3.10.2,5.2.3,7.2.1.3,7.3.1,7.3.5,7.4, 3.9.1,4.2.4 8.1.1,8.2.1,8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2, Completion,Conditions Relating to 15.1.5.1, 15.2.5 3.4.1,3.11, 3.15,4.2.2,4.2.9,8.2,9.4.2,9.8,9.9.1, Contract Time,Definition of 9.10, 12.2, 13.7,14.1.2 8.1.1 COMPLETION,PAYMENTS AND CONTRACTOR 9 3 Completion, Substantial Contractor,Definition of 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, 3.1,6.1.2 13.7 AIA Document A2017'—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American m it. Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) Contractor's Construction Schedules Cutting and Patching 3.10,3.12.1,3.12.2, 6.1.3, 15.1.5.2 3.14,6.2.5 Contractor's Employees Damage to Construction of Owner or Separate 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Contractors 11.1.1, 11.3.7, 14.1, 14.2.1.1 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, Contractor's Liability Insurance 12.2.4 11.1 Damage to the Work Contractor's Relationship with Separate Contractors 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4 and Owner's Forces Damages,Claims for 3.12.5,3.14.2,4.2.4,6, 11.3.7, 12.1.2, 12.2.4 3.2.4,3.18, 6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.1.1, Contractor's Relationship with Subcontractors 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, Damages for Delay 11.3.1.2, 11.3.7, 11.3.8 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 Contractor's Relationship with the Architect Date of Commencement of the Work,Definition of 1.1.2, 1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1, 3.4.2,3.5, 8.1.2 3.7.4,3.10,3.11,3.12,3.16,3.18,4.1.3,4.2,5.2,6.2.2, Date of Substantial Completion,Definition of 7,8.3.1,9.2,9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6, 10.3, 8.1.3 11.3.7,12,13.5, 15.1.2, 15.2.1 Day,Definition of Contractor's Representations 8.1.4 3.2.1,3.2.2,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Decisions of the Architect Contractor's Responsibility for Those Performing the 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 15.2,6.3, Work 7.3.7,7.3.9,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4, 9.9.1, 3.3.2,3.18,5.3.1,6.1.3,6.2,9.5.1, 10.2.8 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Contractor's Review of Contract Documents Decisions to Withhold Certification 3.2 9.4.1,9.5,9.7, 14.1.1.3 Contractor's Right to Stop the Work Defective or Nonconforming Work,Acceptance, 9.7 Rejection and Correction of Contractor's Right to Terminate the Contract 2.3.1,2.4.1,3.5,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 14.1, 15.1.6 9.9.3,9.10.4, 12.2.1 Contractor's Submittals Definitions 3.10,3.11,3.12.4,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1, 9.8.3,9.9.1,9.10.2,9.10.3, 11.1.3, 11.4.2 15.1.1,5.1,6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1 Contractor's Superintendent Delays and Extensions of Time 3.9, 10.2.6 3.2,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, Contractor's Supervision and Construction 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Procedures Disputes 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, 6.3,7.3.9, 15.1, 15.2 7.3.5,7.3.7,8.2, 10, 12, 14, 15.1.3 Documents and Samples at the Site Contractual Liability Insurance 3.11 11.1.1.8, 11.2 Drawings,Definition of Coordination and Correlation 1.1.5 1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1 Drawings and Specifications,Use and Ownership of Copies Furnished of Drawings and Specifications 3.11 1.5,2.2.5,3.11 Effective Date of Insurance Copyrights 8.2.2, 11.1.2 1.5,3.17 Emergencies Correction of Work 10.4, 14.1.1.2, 15.1.4 2.3,2.4, 3.7.3,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2,12.2 Employees,Contractor's Correlation and Intent of the Contract Documents 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 1.2 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Cost,Definition of Equipment,Labor,Materials or 7.3.7 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13.1,3.15.1, Costs 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, 2.4.1,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2, 6.1.1, 6.2.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 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, 14 Init. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA'$Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this AlA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) Execution and Progress of the Work Insurance,Boiler and Machinery 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3.1, 3.4.1,3.5, 11.3.2 3.7.1,3.10.1,3.12, 3.14,4.2,6.2.2,7.1.3, 7.3.5, 8.2, Insurance,Contractor's Liability 9.5.1,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 11.1 Extensions of Time Insurance,Effective Date of 3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7, 10.3.2, 8.2.2, 11.1.2 10.4.1, 14.3, 15.1.5, 15.2.5 Insurance,Loss of Use Failure of Payment 11.3.3 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Insurance,Owner's Liability Faulty Work 11.2 (See Defective or Nonconforming Work) Insurance,Property Final Completion and Final Payment 10.2.5,11.3 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, Insurance, Stored Materials 12.3.1, 14.2.4, 14.4.3 9.3.2 Financial Arrangements,Owner's INSURANCE AND BONDS 2.2.1, 13.2.2, 14.1.1.4 11 Fire and Extended Coverage Insurance Insurance Companies,Consent to Partial Occupancy 11.3.1.1 9.9.1 GENERAL PROVISIONS Intent of the Contract Documents 1 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Governing Law Interest 13.1 13.6 Guarantees(See Warranty) Interpretation Hazardous Materials 1.2.3,1.4,4.1.1,5.1, 6.1.2, 15.1.1 10.2.4,10.3 Interpretations,Written Identification of Subcontractors and Suppliers 4.2.11,4.2.12, 15.1.4 5.2.1 Judgment on Final Award Indemnification 15.4.2 3.17,3.18,9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, Labor and Materials,Equipment 11.3.7 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Information and Services Required of the Owner 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, 2.1.2,2.2,3.2.2,3.12.4,3.12.10,6.1.3,6.1.4,6.2.5, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 9.6.1,9.6.4,9.9.2,9.10.3,10.3.3, 11.2, 11.4, 13.5.1, Labor Disputes 13.5.2,14.1.1.4, 14.1.4, 15.1.3 8.3.1 Initial Decision Laws and Regulations 15.2 1.5,3.2.3,3.6,3.7,3.12.10,3.13.1,4.1.1,9.6.4,9.9.1, Initial Decision Maker,Definition of 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 1.1.8 13.6.1, 14, 15.2.8, 15.4 Initial Decision Maker,Decisions Liens 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 2.1.2,9.3.3,9.10.2,9.10.4, 15.2.8 Initial Decision Maker,Extent of Authority Limitations,Statutes of 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 12.2.5, 13.7, 15.4.1.1 15.2.5 Limitations of Liability Injury or Damage to Person or Property 2.3.1,3.2.2,3.5,3.12.10,3.17, 3.18.1,4.2.6,4.2.7, 10.2.8, 10.4.1 4.2.12,6.2.2,9.4.2,9.6.4,9.6.7, 10.2.5, 10.3.3, 11.1.2, Inspections 11.2, 11.3.7, 12.2.5, 13.4.2 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, Limitations of Time 9.9.2,9.10.1, 12.2.1, 13.5 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, Instructions to Bidders 5.2,5.3.1,5.4.1,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3, 1.1.1 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 11.1.3,.11.3.1.5, Instructions to the Contractor 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 3.2.4,3.3.1,3.8.1,5.2.1,7,8.2.2, 12, 13.5.2 Loss of Use Insurance Instruments of Service,Definition of 11.3.3 1.1.7 Material Suppliers Insurance 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 3.18.1,6.1.1,7.3.7,9.3.2,9.8.4,9.9.1, 9.10.2, 11 Materials,Hazardous 10.2.4, 10.3 AIA Document A201 TM-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the i maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) Materials,Labor,Equipment and Owner's Authority - 1.1.3, 1.1.6, 1.5.1,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13.1, 1.5,2.1.1,2.3.1,2.4.1,3.4.2,3.8.1,3.12.10,3.14.2, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3, 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, 9.5.1.3,9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 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, Means,Methods,Techniques,Sequences and Procedures of Construction 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 Owner's Financial Capability Mechanic's Lien 2.2.1, 13.2.2, 14.1.1.4 2.1.2, 15.2.8 Owner's Liability Insurance Mediation 11.2 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6,15.3, Owner's Relationship with Subcontractors 15.4.1 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 Minor Changes in the Work Owner's Right to Carry Out the Work 1.1.1,3.12.8,4.2.8,7.1,7.4 2.4, 14.2.2 MISCELLANEOUS PROVISIONS Owner's Right to Clean Up 13 6.3 Modifications,Definition of Owner's Right to Perform Construction and to 1.1.1 Award Separate Contracts Modifications to the Contract 6.1 1.1.1, 1.1.2,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, Owner's Right to Stop the Work 10.3.2, 11.3.1 2.3 Mutual Responsibility Owner's Right to Suspend the Work 6.2 14.3 Nonconforming Work,Acceptance of Owner's Right to Terminate the Contract 9.6.6,9.9.3,12.3 14.2 Nonconforming Work,Rejection and Correction of Ownership and Use of Drawings,Specifications 2.3.1,2.4.1,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, and Other Instruments of Service 12.2.1 1.1.1, 1.1.6, 1.1.7, 1.5,2.2.5,3.2.2,3.11.1,3.17, Notice 4.2.12,5.3.1 2.2.1,2.3.1,2.4.1,3.2.4,3.3.1,3.7.2,3.12.9,5.2.1,9.7, Partial Occupancy or Use 9.10,10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 9.6.6,9.9, 11.3.1.5 14.1, 14.2, 15.2.8, 15.4.1 Patching,Cutting and Notice,Written 3.14,6.2.5 2.3.1,2.4.1,3.3.1,3.9.2,3.12.9,3.12.10,5.2.1,9.7, Patents 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1,13.3, 14, 3.17 15.2.8, 15.4.1 Payment,Applications for Notice of Claims 4.2.5,7.3.9,9.2,9.3,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, 3.7.4, 10.2.8,15.1.2, 15.4 14.2.3, 14.2.4, 14.4.3 Notice of Testing and Inspections Payment,Certificates for 13.5.1, 13.5.2 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, Observations,Contractor's 9.10.3, 13.7, 14.1.1.3, 14.2.4 3.2,3.7.4 Payment,Failure of Occupancy 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 2.2.2,9.6.6,9.8, 11.3.1.5 Payment,Final Orders,Written 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, 12.3.1, 1.1.1,2.3,3.9.2,7,8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 13.7, 14.2.4, 14.4.3 14.3.1 Payment Bond,Performance Bond and OWNER 7.3.7.4,9.6.7,9.10.3,11.4 2 Payments,Progress Owner,Definition of 9.3, 9.6,9.8.5,9.10.3, 13.6, 14.2.3, 15.1.3 2.1.1 PAYMENTS AND COMPLETION Owner,Information and Services Required of the 9 2.1.2,2.2,3.2.2,3.12.10,6.1.3,6.1.4,6.2.5,9.3.2, Payments to Subcontractors 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 14.2.1.2 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 PCB 10.3.1 AIA Document A201 TM-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA'e Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this AlA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) Performance Bond and Payment Bond Rules and Notices for Arbitration 7.3.7.4, 9.6.7,9.10.3, 11.4 15.4.1 Permits,Fees,Notices and Compliance with Laws Safety of Persons and Property 2.2.2,3.7,3.13,7.3.7.4, 10.2.2 10.2, 10.4 PERSONS AND PROPERTY,PROTECTION OF Safety Precautions and Programs 10 3.3.1,4.2.2,4.2.7,5.3.1, 10.1, 10.2, 10.4 Polychlorinated Biphenyl Samples,Definition of 10.3.1 3.12.3 Product Data,Definition of Samples,Shop Drawings,Product Data and 3.12.2 3.11,3.12,4.2.7 Product Data and Samples,Shop Drawings Samples at the Site,Documents and 3.11,3.12,4.2.7 3.11 Progress and Completion Schedule of Values 4.2.2,8.2,9.8,9.9.1,14.1.4, 15.1.3 9.2,9.3.1 Progress Payments Schedules,Construction 9.3, 9.6,9.8.5,9.10.3,13.6, 14.2.3, 15.1.3 3.10, 3.12.1,3.12.2, 6.1.3, 15.1.5.2 Project,Definition of Separate Contracts and Contractors 1.1.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7, 6,8.3.1, 12.1.2 Project Representatives Shop Drawings,Definition of 4.2.10 3.12.1 Property Insurance Shop Drawings,Product Data and Samples 10.2.5,11.3 3.11,3.12,4.2.7 PROTECTION OF PERSONS AND PROPERTY Site,Use of 10 3.13, 6.1.1,6.2.1 Regulations and Laws Site Inspections 1.5,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4,9.9.1, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.4.2,9.10.1, 13.5 10.2.2, 11.1, 11.4, 13.1, 13.4,13.5.1, 13.5.2, 13.6, 14, Site Visits,Architect's 15.2.8, 15.4 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1, 9.9.2,9.10.1, 13.5 Rejection of Work Special Inspections and Testing 3.5,4.2.6, 12.2.1 4.2.6, 12.2.1, 13.5 Releases and Waivers of Liens Specifications,Definition of 9.10.2 1.1.6 Representations Specifications 3.2.1,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2, 1.1.1,1.1.6, 1.2.2, 1.5,3.11,3.12.10,3.17,4.2.14 9.10.1 Statute of Limitations Representatives 13.7, 15.4.1.1 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.2,4.2.10,5.1.1,5.1.2, Stopping the Work 13.2.1 2.3,9.7, 10.3, 14.1 Responsibility for Those Performing the Work Stored Materials 3.3.2,3.18,4.2.3,5.3.1,6.1.3,6.2,6.3,9.5.1, 10 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Retainage Subcontractor,Definition of 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 5.1.1 Review of Contract Documents and Field SUBCONTRACTORS Conditions by Contractor 5 3.2,3.12.7,6.1.3 Subcontractors,Work by Review of Contractor's Submittals by Owner and 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2,9.6.7 Architect Subcontractual Relations 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 5.3,5.4,9.3.1.2,9.6,9.10, 10.2.1, 14.1, 14.2.1 Review of Shop Drawings,Product Data and Samples Submittals by Contractor 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.7,9.2,9.3,9.8, 3.12 9.9.1,9.10.2,9.10.3, 11.1.3 Rights and Remedies Submittal Schedule 1.1.2,2.3,2.4,3.5,3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, 3.10.2,3.12.5,4.2.7 6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, Subrogation,Waivers of 13.4, 14, 15.4 6.1.1, 11.3.7 Royalties,Patents and Copyrights 3.17 Init. AIA Document A201 T"-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the / maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) Substantial Completion Time Limits 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, 13.7 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, Substantial Completion,Definition of 9.5,9.6,9.7,9.8,9.9,9.10, 11.1.3, 12.2,13.5,13.7, 14, 9.8.1 15.1.2, 15.4 Substitution of Subcontractors Time Limits on Claims 5.2.3,5.2.4 3.7.4, 10.2.8,13.7, 15.1.2 Substitution of Architect Title to Work 4.L3 9.3.2,9.3.3 Substitutions of Materials Transmission of Data in Digital Form 3.4.2,3.5,7.3.8 1.6 Sub-subcontractor,Definition of UNCOVERING AND CORRECTION OF WORK 5.1.2 12 Subsurface Conditions Uncovering of Work 3.7.4 12.1 Successors and Assigns Unforeseen Conditions,Concealed or Unknown 13.2 3.7.4,8.3.1, 10.3 Superintendent Unit Prices 3.9, 10.2.6 7.3.3.2,7.3.4 Supervision and Construction Procedures Use of Documents 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, 1.1.1, 1.5,2.2.5,3.12.6,5.3 7.3.7,8.2,8.3.1,9.4.2, 10, 12, 14, 15.1.3 Use of Site Surety 3.13,6.1.1,6.2.1 5.4.1.2,9.8.5,9.10.2,9.10.3, 14.2.2, 15.2.7 Values,Schedule of Surety,Consent of 9.2,9.3.1 9.10.2,9.10.3 Waiver of Claims by the Architect Surveys 13.4.2 2.2.3 Waiver of Claims by the Contractor Suspension by the Owner for Convenience 9.10.5, 13.4.2, 15.1.6 14.3 Waiver of Claims by the Owner Suspension of the Work 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 5.4.2, 14.3 Waiver of Consequential Damages Suspension or Termination of the Contract 14.2.4, 15.1.6 5.4.1.1, 14 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,7.3.7.4 Waivers of Subrogation Termination by the Contractor 6.1.1,11.3.7 14.1, 15.1.6 Warranty Termination by the Owner for Cause 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.4, 12.2.2, 13.7 5.4.1.1, 14.2, 15.1.6 Weather Delays Termination by the Owner for Convenience 15.1.5.2 14.4 Work,Definition of Termination of the Architect 1.1.3 4.1.3 Written Consent Termination of the Contractor 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2, 9.8.5, 14.2.2 9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 TERMINATION OR SUSPENSION OF THE Written Interpretations CONTRACT 4.2.11,4.2.12 14 Written Notice Tests and Inspections 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,5.2.1,8.2.2,9.7, 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9, 9.4.2,9.8.3,9.9.2, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4,13.3, 14, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 15.4.1 TIME Written Orders 8 1.1.1,2.3,3.9,7,8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, Time,Delays and Extensions of 15.1.2 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1, 7.4,8.3,9.5.1, 9.7, . 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 AIA Document A201"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 8 reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the Agreement)and consist of the Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include the advertisement or invitation to bid,Instructions to Bidders,sample forms,other information furnished by the Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal,or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Contractor and the Architect or the Architect's consultants, (2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the Architect or the Architect's consultants or(4)between any persons or entities other than the Owner and the Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 THE WORK The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design,location and dimensions of the Work,generally including plans,elevations,sections,details,schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems,standards and workmanship for the Work,and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include,without limitation,studies,surveys,models, sketches,drawings, specifications,and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Ink. AIA Document A201 T"-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 9 reproduction or distribution of this AlA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) § 1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents,words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as"all"and"any"and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and will retain all common law,statutory and other reserved rights,including copyrights.The Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'reserved rights. § 1.5.2 The Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work.All copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service.The Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions,unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization.Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request,information necessary and relevant for the Contractor to evaluate,give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work,the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter,the Contractor may only request such evidence if(1)the Owner fails to make payments to the Contractor as the Contract Documents require;(2)a change in the Work materially changes the Contract Sum;or(3)the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due.The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the AIA Document A201 T"'—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 10 reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) portion of the Work affected by a material change.After the Owner furnishes the evidence,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1,the Owner shall secure and pay for necessary approvals,easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents,the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies the Owner may have,correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect.If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Contractor shall be lawfully licensed,if required in the jurisdiction where the Project is located.The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract.The term"Contractor"means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract,or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. Inst. AIA Document A201 r"-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAC Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 11 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional,unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15.If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3,the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.If the Contractor performs those obligations,the Contractor shall not be liable to the Owner or Architect for damages resulting from errors,inconsistencies or omissions in the Contract Documents,for differences between field measurements or conditions and the Contract Documents,or for nonconformities of the Contract Documents to applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for,and have control over,construction means,methods,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract,unless the Contract Documents give other specific instructions concerning these matters.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences or procedures,the Contractor shall evaluate the jobsite safety thereof and,except as stated below,shall be fully and solely responsible for the jobsite safety of such means,methods, techniques,sequences or procedures.If the Contractor determines that such means,methods,techniques,sequences or procedures may not be safe,the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect.If the Contractor is then instructed to proceed with the required means,methods,techniques, sequences or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means,methods,techniques,sequences or procedures. § 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,or on 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 that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. AIA Document A201"'—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAC Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4,the Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales,consumer,use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as for other permits,fees, licenses,and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes,ordinances, codes, rules and regulations,and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions.If the Contractor encounters conditions at the site that are(1)subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2)unknown physical conditions of an unusual nature,that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend an equitable adjustment in the Contract Sum or Contract Time,or both.If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor in writing,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect.Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations.The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. Init. AIA Document A201'"-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 13 maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances;and .3 Whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent.The Architect may reply within 14 days to the Contractor in writing stating(1)whether the Owner or the Architect has reasonable objection to the proposed superintendent or(2)that the Architect requires additional time to review.Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,and shall submit the schedule(s)for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's construction schedule,and(2)allow the Architect reasonable time to review submittals.If the Contractor fails to submit a submittal schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings,Specifications,Addenda,Change Orders and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and one copy of approved Shop Drawings,Product Data,Samples and similar required submittals.These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. AIA Document A2011'-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA'e Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 14 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings,diagrams,schedules and other data specially prepared for the Work by the Contractor or a Subcontractor,Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials,equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals.Review by the Architect is subject to the limitations of Section 4.2.7.Informational submittals 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 the Architect Shop Drawings,Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents to the Owner and Architect that the Contractor has(1)reviewed and approved them,(2)determined and verified materials, field measurements and field construction criteria related thereto,or will do so and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data,Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data,Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data,Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals.In the absence of such written notice,the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences and procedures.The Contractor shall not be required to provide professional services in violation of applicable law.If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations,specifications,certifications,Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and Init. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 15 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) completeness of the services,certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly.All areas requiring cutting,fitting and patching shall be restored to the condition existing prior to the cutting,fitting and patching,unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting,patching or otherwise altering such construction, or by excavation.The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents,or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect.However,if the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner,Architect, Architect's consultants,and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work, provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. AIA Document A201 T"-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.MI rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized .1 A reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located.That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect.Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated,the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 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 be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment.The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect will not have control over,charge of,or responsibility for,the construction means,methods,techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not 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 performing portions of the Work. Init. AIA Document A201'"-2007.Copyright©1911,1915,1918,1x925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 17 maximum extent possible under the law.This document was produced byAlA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) § 4.2.7 The Architect will review and approve,or take other appropriate action upon,the Contractor's submittals such as Shop,Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5 and 3.12.The Architect's review shall not constitute approval of 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 an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the Work as provided in Section 7.4.The Architect will investigate and make determinations and recommendations 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 date of final completion;issue Certificates of Substantial Completion pursuant to Section 9.8;receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10;and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will 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 inferable from,the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.If appropriate,the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor"does not include 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 to perform a portion of the Work at the site.The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. AIA Document A201 TM-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 18 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design)proposed for each principal portion of the Work.The Architect may reply within 14 days to the Contractor in writing stating(1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or(2)that the Architect requires additional time for review.Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement,written where legally required for validity,the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities,including 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 the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity,the Init. AlA Document A201"'—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 19 maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. 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's own forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor,separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract,including,without excluding others,those stated in Article 3,this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work,promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays,improperly timed activities or defective construction.The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays,improperly timed activities,damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and the Architect will allocate the cost among those responsible. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 20 reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment,if any,in the Contract Sum;and .3 The extent of the adjustment,if any,in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or both.The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method,if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,an amount Inst. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA""Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AleDocument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 21 maximum extent possible under the law.This document was produced by AlA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) for overhead and profit as set forth in the Agreement,or if no such amount is set forth in the Agreement,a reasonable amount.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the 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 to the following: .1 Costs of labor,including social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers' compensation insurance; .2 Costs of materials,supplies and equipment,including cost of transportation,whether incorporated or consumed; .3 Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance,permit fees,and sales,use or similar taxes related to the Work;and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment.The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines,in the Architect's professional judgment,to be reasonably justified.The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order,subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and the Architect will prepare a Change Order.Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner.The date of commencement of the Work shall not be changed by the effective date of such insurance. AIA Document A2017"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 22 reproduction or distribution of this AIA`' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect,or of an employee of either,or of a separate contractor employed by the Owner;or by changes ordered in the Work;or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control;or by delay authorized by the Owner pending mediation and arbitration;or by other causes that the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit to the Architect,before the first Application for Payment,a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. § 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 the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 9.2,for completed portions of the Work. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers,and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier,unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge, information and belief,be free and clear of liens,claims,security interests or Init. AIA Document A201 T"-2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 23 maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) encumbrances in favor of the Contractor,Subcontractors,material suppliers,or other persons or entities making a claim by reason of having provided labor,materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,based on the Architect's evaluation of the Work and the data comprising the Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2,because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3,the Owner may,at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check,the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. AIA Document A201 T"-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987.1997 and 2007 by The American !nit. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 24 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will,on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor,except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both,under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor,shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution,then the Contractor may,upon seven additional days'written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall, before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. • Init. AIA Document A2017'-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 25 maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion,shall establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety,if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage,if any,security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents,(4)consent of surety,if any,to final payment and(5),if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of liens,claims,security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien,including all costs and reasonable attorneys' fees. AIA Document A201 T'"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 26 reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 9.10.3 If,after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment,except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage,injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. § 10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone 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 in addition to the Contractor's obligations under Section 3.18. • Inst. AIA Document A201 T"-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 27 maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is legally responsible,written notice of such injury or damage,whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials.If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl (PCB),encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice,the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to cause it to be rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down,delay and start-up. § 10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims, damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss or expense is attributable to bodily injury, sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),except to the extent that such damage,loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents.The Owner shall be responsible for materials or substances required by the Contract Documents,except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs(1)for remediation of a material or substance the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to perform its obligations under Section 10.3.1,except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If,without negligence on the part of the Contractor,the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. Init. AIA Document A201^'-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 28 reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 10.4 EMERGENCIES In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury or loss.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 Claims under workers'compensation,disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; .3 Claims for damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages,other than to the Work itself,because of injury to or destruction of tangible property,including loss of use resulting therefrom; .6 Claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations;and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law,whichever coverage is greater.Coverages,whether written on an occurrence or claims-made basis,shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment,and,with respect to the Contractor's completed operations coverage,until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance.These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage,including coverage for completed operations,shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2.Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1)the Owner,the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations;and(2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Init. AIA Document AZOV"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 29 reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract Modifications and cost of materials supplied or installed by others,comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles.Such property insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor,Subcontractors and Sub-subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an"all-risk" or equivalent policy form and shall include,without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including,without duplication of coverage,theft,vandalism,malicious mischief,collapse,earthquake,flood,windstorm,falsework, testing and startup,temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above,the Owner shall so inform the Contractor in writing prior to commencement of the Work.The Contractor may then effect insurance that will protect the interests of the Contractor,Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above,without so notifying the Contractor in writing,then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles,the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law,which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner,Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all rights of action against the Contractor for loss of use of the Owner's property,including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall,if possible, include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment AIA Document A201Th—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 30 reproduction or distribution of this AlA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance.All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur,the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3.Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project.Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days'prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub-subcontractors, agents and employees,each of the other,and(2)the Architect,Architect's consultants,separate contractors described in Article 6,if any,and any of their subcontractors,sub-subcontractors,agents and employees,for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work,except such rights as they have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants, separate contractors described in Article 6,if any,and the subcontractors,sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate agreements,written where legally required for validity,shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, give bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor.If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection is made,the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement.If the Owner and Contractor have selected arbitration as the method of binding dispute resolution,the Owner as fiduciary shall make settlement with insurers or,in the case of a dispute over distribution of insurance proceeds,in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. Init. AIA Document A201 Tr-2007.Copyright©1911,1915,1918,1e925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 31 maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) 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 specifically expressed in the Contract Documents,it must,if requested in writing by the Architect,be uncovered for the Architect'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 prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract Documents,such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed.Costs of correcting such rejected Work,including additional testing and inspections,the cost of uncovering and replacement,and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partially completed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents.Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. AIA Document A2011"—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 32 reproduction or distribution of this AIAC Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that,if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors, assigns and legal representatives to covenants,agreements and obligations contained in the Contract Documents.Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may,without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project,if the lender assumes the Owner's rights and obligations under the Contract Documents.The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual,to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at,or sent by registered or certified mail or by courier service providing proof of delivery to,the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner,Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach there under,except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests,inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws,statutes,ordinances,codes,rules and regulations or lawful orders of public authorities.Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority, and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of(1)tests,inspections or approvals that do not become requirements until after bids are received or negotiations concluded,and(2)tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect,Owner or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection or approval not included under Section 13.5.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures.Such costs,except as provided in Section 13.5.3,shall be at the Owner's expense. § 13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by Init. AIA Document A201111—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 33 maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable,at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warranty or otherwise,against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government,such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or .4 The Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed,including reasonable overhead and profit,costs incurred by reason of such termination,and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days'written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. • AIA Document A201 T"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 34 reproduction or distribution of this AlA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist,the Owner,upon certification by the Initial Decision Maker that sufficient cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days'written notice,terminate employment of the Contractor and may,subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4;and .3 Finish the Work by whatever reasonable method the Owner may deem expedient.Upon written request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case maybe,shall be certified by the Initial Decision Maker,upon application,and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may,without cause,order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible;or .2 that an equitable adjustment is made or denied under another provision of 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,the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. Init. AIA Document A201 TM-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 35 maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286 1 which expires on 02/16/2014,and is not for resale. — User Notes: (858878000) ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking,as a matter of right,payment of money,or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect,if the Architect is not serving as the Initial Decision Maker.Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum,written notice as provided herein shall be given before proceeding to execute the Work.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 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 provided herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay,only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims,excluding those arising under Sections 10.3, 10.4, 11.3.9,and 11.3.10,shall be referred to the Initial Decision Maker for initial decision.The Architect will serve as the Initial Decision Maker,unless otherwise indicated in the Agreement.Except for those Claims excluded by this Section 15.2.1,an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered.Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. Init. AIA Document A2017"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 36 reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions:(1)request additional supporting data from the claimant or a response with supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that,in the Initial Decision Maker's sole discretion,it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data,such party shall respond,within ten days after receipt of such request,and shall either(1)provide a response on the requested supporting data,(2)advise the Initial Decision Maker when the response or supporting data will be furnished or(3)advise the Initial Decision Maker that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor;and(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision Maker,of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time,subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may,within 30 days from the date of an initial decision,demand in writing that the other party file for mediation within 60 days of the initial decision.If such a demand is made and the party receiving the demand fails to file for mediation within the time required,then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor,the Owner may,but is not obligated to,notify the surety,if any, of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Owner may, but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims,disputes,or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4,9.10.5,and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement.A request for mediation shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of binding dispute resolution proceedings but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration is stayed pursuant to this Section 15.3.2,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. Init. AIA Document A201 T"-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 37 reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) § 15.3.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any Claim subject to,but not resolved by,mediation shall be subject to arbitration which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement.A demand for arbitration shall be made in writing,delivered to the other party to the Contract,and filed with the person or entity administering the arbitration.The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common questions of law or fact, and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 38 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the / maximum extent possible under the law.This document was produced by AlA software at 11:07:02 on 09/25/2013 under Order No.5512822286_1 which expires on 02/16/2014,and is not for resale. User Notes: (858878000) PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SUPPLEMENTARY GENERAL CONDITIONS THE GENERAL CONDITIONS: The General Conditions of this Contract is the American Institute of Architects' Document A-201, "General Conditions of the Contract for Construction", 1997 Addition, hereinafter referred to as the "AIA General Conditions", a copy of which is bound herein. THE SUPPLEMENTARY GENERAL CONDITIONS: The Supplementary General Conditions contain changes and interpretations of the AIA General Conditions. Where any part of the AIA General Conditions is modified or voided by the Supplementary General Conditions, the unaltered provisions shall remain in effect. CHANGES AND ADDITIONS TO OR INTERPRETATIONS OF VARIOUS ARTICLES OF THE AIA GENERAL CONDITIONS ARE AS FOLLOWS: Article 1 —General Provisions Revise the first sentence of Subparagraph 1.1.1: 1.1.1 The Contract Documents consist of the Owner-Contractor Agreement, Conditions of the Contract (General and Supplementary), Performance Bond, Payment Bond, the Drawings, the Specifications, all Addenda issued prior to execution of the Contract, and all Modifications thereto. Article 2 —Owner Add: 2.1.1 The Owner is: THE CITY OF PORT ARTHUR 444 4TH STREET P. O. BOX 1089 PORT ARTHUR, TEXAS 77641-1089 Article 4 —Architect Add: 4.1.1 The term Architect refers to The LaBiche Architectural Group, Inc., 7999 Gladys Avenue, Suite 101, Beaumont, Texas 77706, acting individually or through any of their associates or representatives duly authorized to act for them. SUPPLEMENTARY GENERAL CONDITIONS 1 of 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK Article 5 —Subcontractors Add the following sentence to Subparagraph 5.2.4: The Architect's and Owner's approval or disapproval of any subcontractor does not relieve Contractor of his responsibility for the performance of the work, nor will the approval of a particular subcontractor be construed as approval of any particular process or material. Article 7 —Changes in the Work Add the following to Subparagraph 7.1.1: In giving instructions to the Contractor, the Architect shall have authority to make minor changes in the work, not involving revisions in the amount of the Contract. Otherwise, except in emergencies endangering life or property, extra work or changes shall be made only in pursuance of written orders signed by the Owner; and claims for additions to the Contract Sum shall bot be valid unless so ordered. Add the following Subparagraph 7.2.3: Changes involving revision of the Contract Price shall be effected only on standard forms provided by Architect. The manner of computing adjustments in the Contract Price shall rigidly conform to the following provisions: 7.2.3.1 The Contractor shall furnish an itemized breakdown of the quantities and prices used in computing the value of any change requested. 7.2.3.2 Changes which involve additional cost shall be computed on a basis of actual net cost plus fifteen percent (15%) for overhead and profit. Changes which involve deductions from the Contract Sum shall be calculated on a basis of net cost only. In all case, the Owner will recognize only the Prime Contractor as the party responsible for the change. The Owner and/or Architect reserves the right to require original manifests, bills of lading and proofs of payment for any or all material, labor, appliances and services which enter into the actual net cost of changes in the work. 7.2.3.3 The cost may include all items of labor, materials, special equipment, Worker's Compensation Insurance, Social Security, Old Age and Unemployment Insurance. Among the items considered as overhead are insurance, other than those mentioned above, bond premiums, superintendent, timekeeper, clerks, watchmen, use of small tools, and general office expense. 7.2.3.4 In the case of work done by subcontract, the 15% compensation shall be divided between the Contractor and the subcontractor, with 5% being retained by the Contractor and 10% allowed to the Subcontractor. 7.2.3.5 Any claim for extension of time in connection with extra work will be adjusted at the time of ordering such change. 7.2.3.6 Measurements and payments for contracted unit price work: All measurements and payments for unit price work shall be based on completed work performed in strict accordance with the drawings and specifications and on the contract unit price amounts. SUPPLEMENTARY GENERAL CONDITIONS 2 of 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK Article 11 — Insurance Add: 11.1.1.1 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: A. Premises Operations ()including S, C, and U coverages as applicable). B. Independent Contractor's Protective. C. Products and Completed Operations. D. Personal Injury Liability with Employment Exclusion deleted. E. Contractual, including specified provision for Contractor's obligation under Paragraph 3.18. F. Owned, non-owned and hired motor vehicles. G. Broad Form Property Damage including Completed Operations. 11.1.1.2 If the General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. 11.1.4 The insurance required by Subparagraph 11.1.5 shall be written for not less than the following limits, or greater if required by law: INSURANCE See CITY OF PORT ARTHUR BIDDERS REQUIREMENTS — INSURANCE REQUIREMENTS, WORKMANS COMPENSATION INSURANCE &CITY OF BEAUMONT INSURANCE REQUIREMENT AFFIDAVIT 11.1.2 Add the following sentence: If this insurance is written on the Comprehensive General Liability policy form, the Certificates shall be AIA Document G705, Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form, ACORD form 25S will be acceptable. 11.2 Owner's Liability Insurance 11.2.1 Change Subparagraph 11.2.1 to read: The Contractor shall purchase and maintain insurance covering the Owner's contingent liability for claims which may arise from operations under the Contract. This insurance shall be the same limits as stated in 11.1.6.2 above and shall be issued in the name of the Owner and the Architect. SUPPLEMENTARY GENERAL CONDITIONS 3 of 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK Article 13 — Miscellaneous Provisions 13.9 Control of Materials 13.9.1 If the normal trade practice for manufacturers is to furnish warranties or guarantees for the materials and equipment specified herein, the Contractor shall turn the guarantees and warranties over to the Architect for potential dealing with the manufacturers. The extent of such warranties or guarantees will not be a factor in selecting the successful bidder. 13.9.3 All manufacturing processes are defined as all processes required to change the raw ore or scrap metal into the finished, in-place steel product. The Contractor shall furnish, to the Architect, certified mill test reports on the base metal and producer's certifications on all subsequent manufacturing processes stating compliance with the applicable specification(s) and that all manufacturing processes occurred in the United States. Producer's certifications shall bear the notarized signature of a responsible authorized representative of the producer. 13.10 Differing Construction-site Conditions. 13.10.1 During the progress of the work, if subsurface or latent physical conditions are encountered at the site, differing materially form those indicated in the contract, or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the Party discovering such conditions shall promptly notify the Architect in writing of the specific differing conditions before they are disturbed and before the affected work is performed. 13.10.2 Upon written notification, the Architect will promptly investigate the conditions, and if he determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing in accordance with Article7. The Contractor will be notified of the Architect's determination whether or not an adjustment of the contract is warranted. 13.10.3 No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice in accordance with Article 13.3.1. 13.10.4 No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Article 15 15.19 Approval of Materials. 15.19.1 Reference in the specifications to any article, device, product, material, fixture, form or type of construction by name, make or catalog number shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition; and the Contractor, in such cases, if any, may, at his option, use any article, device, product, material, fixture, for, or type of construction SUPPLEMENTARY GENERAL CONDITIONS 4 of 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK which in the judgement of the Architect expressed in writing is equal to that specified. 15.20 Qualification of Contractors 15.20.1 Attention is called to the fact that a bidder in signing the proposal represents that he has the financial ability and experience to carry the work through its several stages, and unless he can show evidence of such ability, he will not be eligible to receive the award of the Contract. To be eligible for consideration he should be able to show that he has available liquid assets amounting to at least ten percent (10%) of the combined total of his bid plus the amount required for uncompleted work on other contracts held by him at the time of opening the proposals. The Owner reserves the right to award the contract to a person whom he deems qualified by experience and financial responsibility to successfully carry out the work. 15.21 Subletting or Assigning of Contract 15.21.1 The Contractor will not be permitted to assign, sell, transfer, or otherwise dispose of the Contract of any portion thereof, or his rights title or interest therein without the approval of the Architect. In any case, no subcontract will relieve the Contractor of his responsibility under the Contract. END OF SUPPLEMENTARY GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS 5 of 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PERFORMANCE BOND STATE OF TEXAS COUNTY OF BOND NO. KNOW ALL MEN BY THESE PRESENTS: That as Contractor, and firmly bound unto the City of Port Arthur, Texas, hereinafter called owner, in the penal sum of as Surety, are held dollars, for the of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, andyment assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the Agreement with said Owner to perform the Work as specified or indicated in the Contract documents entitled: PARK IMPROVEMENTS ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK NOW, THEREFORE, if the said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. If said Contractor fails in any contract requirements, Surety will, upon demand of Owner, proceed to complete the Contractor's obligations, at Surety's expense. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copies at length herein. SIGNED AND SEALED, this day of , 20 (Contractor) (Surety) By: By: (Signature) (Signature) Title: Title: Address: (SEAL) (SEAL) PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PAYMENT BOND STATE OF TEXAS COUNTY OF BOND NO. KNOW ALL MEN BY THESE PRESENTS: That as Contractor, and firmly bound unto the City of Port Arthur, Texas, hereinafter called owner, in the penal sum of as Surety, are held dllars, for the of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successo s, anndyment assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: PARK IMPROVEMENTS ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK NOW, THEREFORE, if the said Contractor, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of the work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this Bond, a reasonable attorney's fee to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable State law. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copies at length herein. SIGNED AND SEALED, this day of20 , (Contractor) (Surety) By: By: (Signature) (Signature) Title: Title: Address: (SEAL) (SEAL) PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK BID BOND KNOW ALL MEN BY THESE PRESENTS: That Contractor, as Principal, and as Surety, are held and firmly bound unto City of Beaumont, Texas, herein called Owner, in the sum of $ (Figure) (Written Form) (not less than 5 percent of the largest total amount of the bid) 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, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bidding Schedule(s) of the Owner's Contract Documents entitled: PARK IMPROVEMENTS CITY OF PORT ARTHUR NOW THEREFORE, if said Principal is awarded a contract by said Owner, and, within the time, and in the manner required in the Notice Inviting Bids and the Instructions to Bidders, enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said Owner and Owner prevails, said Surety shall pay all costs incurred by said Owner in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this day of 20 (Seal) (Principal) (Witness) (Title) (Seal) (Surety) (Witness) (Title) BID BOND 1 of 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK INDEX OF DRAWINGS LANDSCAPE DRAWINGS CS COVER SHEET L1.0 ROSE HILL PARK- BASE BID L1.1 ROSE HILL PARK-ALTERNATE BID L1.2 ROSE HILL PARK - DEMOLITION L1.3 ROSE HILL PARK - BASE BID LAYOUT L1.4 ROSE HILL PARK-ALTERNATE LAYOUT L2.0 GRIFFING PARK- SITE PLAN L2.1 GRIFFING PARK - LAYOUT & STAKING PLAN L3.0 HERMAN PARK - SITE PLAN L3.1 HERMAN PARK - LAYOUT AND STAKING PLAN L4.0 SITE DETAILS L4.1 SITE DETAILS CIVIL DRAWINGS (ROSE HILL) C2.1 DIMENSION PLAN C2.2 DIMENSION PLAN -ALTERNATE C3.1 GRADING PLAN C3.2 GRADING PLAN -ALTERNATE C4.1 JOINT PATTERN PLAN AND DETAILS C4.2 JOINT PATTERN PLAN -ALTERNATE AND EROSION CONTROL PLAN ELECTRICAL DRAWINGS (ROSE HILL) E1.0 ELECTRICAL DEMOLITION PLAN E1.1 ELECTRICAL SITE PLAN E1.2 ELECTRICAL DETAILS END OF INDEX OF DRAWINGS - QED q T ffn D;cc Vr '<4.(9):k, 11592 11592A 0 F ( -' l INZ5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 011000 - SUMMARY 1.GENERAL 1.1 SUMMARY A. Section includes: 1. Project Information 2. Work covered by Contract Documents. 3. Access to site. 4. Coordination with occupants. 5. Work restrictions 6. Specification and drawing conventions. B. Related Section: 1. Division 01 Section "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities. 1.2 PROJECT INFORMATION A. Project Identification: Park Improvements: Rose Hill Park, Griffing Park & Herman Park. 1. Project Locations: Rose Hill Park, corner of Proctor St. and Woodworth Blvd., Port Arthur, Texas Griffing Park, corner of Woodlawn St. and Bernhardt Dr., Port Arthur, Texas Herman Park, corner of Las Palmas Dr. and Date St., Port Arthur, Texas B. Owner: City of Port Arthur 1. Owner's Representative: Dr. Albert T. Thigpen, Director of Parks and Recreation P.O. Box 1089, Port Arthur, Texas 77641-1089, 409.983.8218 C. Architect: The LaBiche Architectural Group, Inc., 7999 Gladys Ave. Suite 101, Beaumont, Texas 77706. SUMMARY 011000 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of the Project is defined by the Contract Documents and consists of the following: 1. Improvements to 3 parks located in Port Arthur, Texas. B. Type of Contract. 1. Project will be constructed under a single prime contract. Project will not be awarded on a park by park basis. 1.4 ACCESS TO SITE A. General: Contractor shall have full use of Project site for construction operations during construction period. Contractor's use of Project site is limited only by Owner's right to perform work or to retain other contractors on portions of Project. B. Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Limits: Confine construction operations to areas indicated on site plans. 2. Limits: Limit site disturbance, including earthwork and clearing of vegetation, to 40 feet beyond construction perimeter; 10 feet beyond surface walkways, patios, surface parking, and utilities less than 12 inches in diameter; 15 feet beyond primary roadway curbs and main utility branch trenches; and 25 feet beyond constructed areas with permeable surfaces (such as pervious paving areas, storm water detention facilities, and playing fields) that require additional staging areas in order to limit compaction in the constructed area. 3. Driveways, Walkways and Entrances: Keep driveways, loading areas and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances by construction operations. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. 1.5 COORDINATION WITH OCCUPANTS A. Partial Owner Occupancy: Owner will not occupy the premises during entire construction period. SUMMARY 011000 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK B. Owner Limited Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and to place and install equipment in completed portions of the Work, prior to Substantial Completion of the Work, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and limited occupancy shall not constitute acceptance of the total Work. 1. Architect will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied prior to Owner acceptance of the completed Work. 2. Obtain a Certificate of Occupancy from authorities having jurisdiction before limited Owner occupancy. 3. Before limited Owner occupancy, mechanical and electrical systems shall be fully operational, and required tests and inspections shall be successfully completed. On occupancy, Owner will operate and maintain mechanical and electrical systems serving occupied portions of Work. 4. On occupancy, Owner will assume responsibility for maintenance and custodial service for occupied portions of Work. 1.6 WORK RESTRICTIONS A. Work Restrictions, General: Comply with restrictions on construction operations. 1. Comply with limitations on use of public streets and other requirements of authorities having jurisdiction. B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated: 1. Notify Architect not less than two days in advance of proposed utility interruptions. 2. Obtain Owner's written permission before proceeding with utility interruptions. C. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner. 1. Notify Architect not less than two days in advance of proposed disruptive operations. 2. Obtain Owner's written permission before proceeding with disruptive operations. D. Nonsmoking areas: Smoking is not permitted in construction areas. E. Controlled Substances: Use of tobacco products and other controlled substances on the Project site is not permitted SUMMARY 011000 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1.7 SPECIFICATION AND DRAWING CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise. B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications. C. Drawing Coordination: Requirements for materials and products identified on the Drawings are described in detail in the Specifications. One or more of the following are used on the Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products are identified by abbreviations as shown on Drawings. 3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. 2.PRODUCTS (Not Used) 3.EXECUTION (Not Used) END OF SECTION 011000 SUMMARY 011000 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 012500 - SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for substitutions. B. Related Section: 1. Division 01 Section "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers. 1.2 DEFINITIONS A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1.3 SUBMITTALS A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable. b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. c. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. Certificates and qualification data, where applicable or requested. SUBSTITUTION PROCEDURES 012500 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK g. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. h. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. i. Research reports evidencing compliance with building code in effect for Project, from ICC-ES. j. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. k. Cost information, including a proposal of change, if any, in the Contract Sum. I. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated. m. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 2. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. Forms of Acceptance: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work. b. Use product specified if Architect does not issue a decision on use of a proposed substitution within time allocated. 1.4 QUALITY ASSURANCE A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage qualified testing agency to perform compatibility tests recommended by manufacturers. PART 2 - PRODUCTS 2.1 SUBSTITUTIONS A. Substitutions for Cause: Submit requests for substitution immediately upon discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. SUBSTITUTION PROCEDURES 012500 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied: a. Requested substitution is consistent with the Contract Documents and will produce indicated results. b. Requested substitution will not adversely affect Contractor's construction schedule. c. Requested substitution has received necessary approvals of authorities having jurisdiction. d. Requested substitution is compatible with other portions of the Work. e. Requested substitution has been coordinated with other portions of the Work. f. Requested substitution provides specified warranty. g. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. B. Substitutions for Convenience: Architect will consider requests for substitution if received within 60 days after the Notice to Proceed. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied: a. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. b. Requested substitution does not require extensive revisions to the Contract Documents. c. Requested substitution is consistent with the Contract Documents and will produce indicated results. d. Requested substitution will not adversely affect Contractor's construction schedule. e. Requested substitution has received necessary approvals of authorities having jurisdiction. f. Requested substitution is compatible with other portions of the Work. g. Requested substitution has been coordinated with other portions of the Work. h. Requested substitution provides specified warranty. i. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. PART 3 - EXECUTION (Not Used) END OF SECTION 012500 SUBSTITUTION PROCEDURES 012500 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 012600 - CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications. B. See Division 01 Section "Allowances" for procedural requirements for handling and processing allowances. C. See Division 01 Section "Unit Prices" for administrative requirements for using unit prices. 1.2 MINOR CHANGES IN THE WORK A. Architect will issue supplemental instructions authorizing Minor Changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on AIA Document G710, "Architect's Supplemental Instructions." 1.3 PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Proposal Requests issued by Architect are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in Proposal Request after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. CONTRACT MODIFICATION PROCEDURES 012600 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK B. Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications to the Contract, Contractor may propose changes by submitting a request for a change to Architect. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 6. Comply with requirements in Division 01 Section "Product Requirements" if the proposed change requires substitution of one product or system for product or system specified. C. Proposal Request Form: Use AIA Document G709 for Proposal Requests. 1.4 ALLOWANCES A. Allowance Adjustment: To adjust allowance amounts, base each Change Order proposal on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place. If applicable, include reasonable allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins. 1. Include installation costs in purchase amount only where indicated as part of the allowance. 2. If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other margins claimed. 3. Submit substantiation of a change in scope of work, if any, claimed in Change Orders related to unit-cost allowances. 4. Owner reserves the right to establish the quantity of work-in-place by independent quantity survey, measure, or count. B. Submit claims for increased costs because of a change in scope or nature of the allowance described in the Contract Documents, whether for the Purchase Order amount or Contractor's handling, labor, installation, overhead, and profit. Submit claims within 7 days of receipt of the Change Order or Construction Change Directive authorizing work to proceed. Owner will reject claims submitted later than 21 days after such authorization. 1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost amount unless it is clearly shown that the nature or extent of work has CONTRACT MODIFICATION PROCEDURES 012600 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK changed from what could have been foreseen from information in the Contract Documents. 2. No change to Contractor's indirect expense is permitted for selection of higher- or lower-priced materials or systems of the same scope and nature as originally indicated. 1.5 CHANGE ORDER PROCEDURES A. On Owner's approval of a Proposal Request, Architect will issue a Change Order for signatures of Owner and Contractor on AIA Document G701. 1.6 CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: Architect may issue a Construction Change Directive on AIA Document G714. Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012600 CONTRACT MODIFICATION PROCEDURES 012600 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 012900 - PAYMENT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. 1.2 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor's Construction Schedule. 1. Correlate line items in the Schedule of Values with other required administrative forms and schedules, including Application for Payment forms with Continuation Sheets, Submittals Schedule and Contractor's Construction Schedule. 2. Submit the Schedule of Values to Architect at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment. 3. Sub-schedules: Where the Work is separated into phases requiring separately phased payments, provide sub-schedules showing values correlated with each phase of payment. B. Format and Content: Use the Project Manual table of contents as a guide to establish line items for the Schedule of Values. Provide at least one line item for each Specification Section. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Name of Architect. c. Architect's project number. d. Contractor's name and address. e. Date of submittal. 2. Submit draft of AIA Document G703 Continuation Sheets. 3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide several line items for principal subcontract amounts, where appropriate. 4. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 5. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. PAYMENT PROCEDURES 012900 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 6. Provide separate line items in the Schedule of Values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 7. Allowances: Provide a separate line item in the Schedule of Values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. 8. Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the Schedule of Values or distributed as general overhead expense, at Contractor's option. 9. Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.3 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction Work covered by each Application for Payment is the period indicated in the Agreement. C. Payment Application Times: Progress payments shall be submitted to Architect by the 23rd of the month. The period covered by each Application for Payment is one month, ending on the last day of the month. D. Payment Application Forms: Use AIA Document G702 and AIA Document G703 Continuation Sheets as form for Applications for Payment. E. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action. 1. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions were made. 2. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. PAYMENT PROCEDURES 012900 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK F. Transmittal: Submit 3 signed and notarized original copies of each Application for Payment to Architect by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. G. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's lien from every entity who is lawfully entitled to file a mechanic's lien arising out of the Contract and related to the Work covered by the payment. 1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers. 3. Owner reserves the right to designate which entities involved in the Work must submit waivers. 4. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner. H. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Schedule of Values. 3. Contractor's Construction Schedule (preliminary if not final). 4. Schedule of unit prices. 5. Submittals Schedule (preliminary if not final). 6. List of Contractor's staff assignments. 7. List of Contractor's principal consultants. 8. Copies of building permits. 9. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 10. Initial progress report. 11. Report of preconstruction conference. 12. Certificates of insurance and insurance policies. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. J. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. PAYMENT PROCEDURES 012900 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims." 5. AIA Document G706A, "Contractor's Affidavit of Release of Liens." 6. AIA Document G707, "Consent of Surety to Final Payment." 7. Evidence that claims have been settled. 8. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. 9. Final, liquidated damages settlement statement. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012900 PAYMENT PROCEDURES 012900 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 013100 - PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. Coordination Drawings. 2. Project meetings. 3. Requests for Interpretation (RFIs). B. See Division 01 Section "Execution" for procedures for coordinating general installation and field-engineering services, including establishment of benchmarks and control points. 1.2 DEFINITIONS A. RFI: Request from Contractor seeking interpretation or clarification of the Contract Documents. 1.3 COORDINATION A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. 4. Where availability of space is limited, coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair of all components, including mechanical and electrical. B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. PROJECT MANAGEMENT AND COORDINATION 013100 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's Construction Schedule. 2. Preparation of the Schedule of Values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems. 9. Project closeout activities. 1.4 SUBMITTALS A. Coordination Drawings: Prepare Coordination Drawings if limited space availability necessitates maximum utilization of space for efficient installation of different components or if coordination is required for installation of products and materials fabricated by separate entities. 1. Content: Project-specific information, drawn accurately to scale. Do not base Coordination Drawings on reproductions of the Contract Documents or standard printed data. Include the following information, as applicable: a. Indicate functional and spatial relationships of components of architectural, structural, civil, mechanical, and electrical systems. b. Indicate dimensions shown on the Contract Drawings and make specific note of dimensions that appear to be in conflict with submitted equipment and minimum clearance requirements. Provide alternate sketches to Architect for resolution of such conflicts. Minor dimension changes and difficult installations will not be considered changes to the Contract. 2. Sheet Size: At least 8-1/2 by 11 inches (215 by 280 mm) but no larger than 30 by 40 inches (750 by 1000 mm). 3. Number of Copies: Submit six opaque copies of each submittal. Architect will return four copies. 4. Refer to individual Sections for Coordination Drawing requirements for Work in those Sections. 1.5 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times. PROJECT MANAGEMENT AND COORDINATION 013100 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner and Architect, within three days of the meeting. B. Preconstruction Conference: Schedule a preconstruction conference before starting construction, at a time convenient to Owner and Architect, but no later than 15 days after execution of the Agreement. Hold the conference at Project site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments. 1. Attendees: Authorized representatives of Owner, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Phasing. c. Critical work sequencing and long-lead items. d. Designation of key personnel and their duties. e. Procedures for processing field decisions and Change Orders. f. Procedures for RFIs. g. Procedures for testing and inspecting. h. Procedures for processing Applications for Payment. i. Distribution of the Contract Documents. j. Submittal procedures. k. LEED requirements. I. Preparation of Record Documents. m. Use of the premises. n. Work restrictions. o. Owner's occupancy requirements. p. Responsibility for temporary facilities and controls. q. Construction waste management and recycling. r. Parking availability. s. Office, work, and storage areas. t. Equipment deliveries and priorities. u. First aid. v. Security. w. Progress cleaning. x. Working hours. 3. Minutes: Record and distribute meeting minutes. C. Preinstallation Conferences: Conduct a preinstallation conference at Project site before each construction activity that requires coordination with other construction. PROJECT MANAGEMENT AND COORDINATION 013100 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Attendees: Installer and representatives of manufacturers and fabricators involved in or affected by the installation and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise Architect of scheduled meeting dates. 2. Agenda: Review progress of other construction activities and preparations for the particular activity under consideration, including requirements for the following: a. The Contract Documents. b. Options. c. Related RFIs. d. Related Change Orders. e. Purchases. f. Deliveries. g. Submittals. h. Review of mockups. i. Possible conflicts. j. Compatibility problems. k. Time schedules. I. Weather limitations. m. Manufacturer's written recommendations. n. Warranty requirements. o. Compatibility of materials. p. Acceptability of substrates. q. Temporary facilities and controls. r. Space and access limitations. s. Regulations of authorities having jurisdiction. t. Testing and inspecting requirements. u. Installation procedures. v. Coordination with other work. w. Required performance results. x. Protection of adjacent work. y. Protection of construction and personnel. 3. Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions. 4. Reporting: Distribute minutes of the meeting to each party present and to parties who should have been present. 5. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene the conference at earliest feasible date. D. Progress Meetings: Conduct progress meetings at monthly intervals in conjunction with the review of the month's payment request. Coordinate dates of meetings with preparation of payment requests. 1. Attendees: In addition to representatives of Owner and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. PROJECT MANAGEMENT AND COORDINATION 013100 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Work hours. 10) Hazards and risks. 11) Progress cleaning. 12) Quality and work standards. 13) Status of correction of deficient items. 14) Field observations. 15) RFIs. 16) Status of proposal requests. 17) Pending changes. 18) Status of Change Orders. 19) Pending claims and disputes. 20) Documentation of information for payment requests. 3. Minutes: Record the meeting minutes. 4. Reporting: Distribute minutes of the meeting to each party present and to parties who should have been present. a. Schedule Updating: Revise Contractor's Construction Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. PROJECT MANAGEMENT AND COORDINATION 013100 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1.6 REQUESTS FOR INTERPRETATION (RFIs) A. Procedure: Immediately on discovery of the need for interpretation of the Contract Documents, and if not possible to request interpretation at Project meeting, prepare and submit an RFI in the form specified. 1. RFIs shall originate with Contractor. RFIs submitted by entities other than Contractor will be returned with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. B. Content of the RFI: Include a detailed, legible description of item needing interpretation and the following: 1. Project name. 2. Date. 3. Name of Contractor. 4. Name of Architect. 5. RFI number, numbered sequentially. 6. Specification Section number and title and related paragraphs, as appropriate. 7. Drawing number and detail references, as appropriate. 8. Field dimensions and conditions, as appropriate. 9. Contractor's suggested solution(s). If Contractor's solution(s) impact the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 10. Contractor's signature. 11. Attachments: Include drawings, descriptions, measurements, photos, Product Data, Shop Drawings, and other information necessary to fully describe items needing interpretation. C. Hard-Copy RFIs: 1. Identify each page of attachments with the RFI number and sequential page number. D. Architect's Action: Architect will review each RFI, determine action required, and return it. Allow seven working days for Architect's response for each RFI. RFIs received after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. c. Requests for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum. e. Requests for interpretation of Architect's actions on submittals. f. Incomplete RFIs or RFIs with numerous errors. 2. Architect's action may include a request for additional information, in which case Architect's time for response will start again. PROJECT MANAGEMENT AND COORDINATION 013100 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 01 Section "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response. E. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response. F. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Include the following: 1. Project name. 2. Name and address of Contractor. 3. Name and address of Architect. 4. RFI number including RFIs that were dropped and not submitted. 5. RFI description. 6. Date the RFI was submitted. 7. Date Architect's response was received. 8. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. 9. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 013100 PROJECT MANAGEMENT AND COORDINATION 013100 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 013200 - CONSTRUCTION PROGRESS DOCUMENTATION PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. Contractor's Construction Schedule. 2. Submittals Schedule. 3. Daily construction reports. 4. Field condition reports. B. See Division 01 Section "Payment Procedures" for submitting the Schedule of Values. 1.2 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical activities are activities on the critical path. They must start and finish on the planned early start and finish times. 2. Predecessor Activity: An activity that precedes another activity in the network. 3. Successor Activity: An activity that follows another activity in the network. B. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project. C. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float. D. Float: The measure of leeway in starting and completing an activity. 1. Float time is not for the exclusive use or benefit of either Owner or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date. E. Fragnet: A partial or fragmentary network that breaks down activities into smaller activities for greater detail. F. Major Area: A story of construction, a separate building, or a similar significant construction element. CONSTRUCTION PROGRESS DOCUMENTATION 013200 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1.3 SUBMITTALS A. Submittals Schedule: Submit three copies of schedule. Arrange the following information in a tabular format: 1. Scheduled date for first submittal. 2. Specification Section number and title. 3. Submittal category (action or informational). 4. Name of subcontractor. 5. Description of the Work covered. 6. Scheduled date for Architect's final release or approval. B. Contractor's Construction Schedule: Submit three opaque copies of initial schedule, large enough to show entire schedule for entire construction period. 1. Submit an electronic copy of schedule, using software indicated, on CD-R, and labeled to comply with requirements for submittals. Include type of schedule (Initial or Updated) and date on label. C. Daily Construction Reports: Submit three copies at monthly intervals. D. Field Condition Reports: Submit three copies at time of discovery of differing conditions. 1.4 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. B. Coordinate Contractor's Construction Schedule with the Schedule of Values, list of subcontracts, Submittals Schedule, progress reports, payment requests, and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from parties involved. 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. PART 2 - PRODUCTS 2.1 SUBMITTALS SCHEDULE A. Preparation: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, resubmittal, ordering, manufacturing, fabrication, and delivery when establishing dates. 1. Coordinate Submittals Schedule with list of subcontracts, the Schedule of Values, and Contractor's Construction Schedule. CONSTRUCTION PROGRESS DOCUMENTATION 013200 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2. Submit concurrently with the first complete submittal of Contractor's Construction Schedule. 2.2 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Final Completion. 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. B. Activities: Treat each story or separate area as a separate numbered activity for each principal element of the Work. Comply with the following: 1. Activity Duration: Define activities so no activity is longer than 20 days, unless specifically allowed by Architect. 2. Procurement Activities: Include procurement process activities for the following long lead items and major items, requiring a cycle of more than 60 days, as separate activities in schedule. Procurement cycle activities include, but are not limited to, submittals, approvals, purchasing, fabrication, and delivery. 3. Submittal Review Time: Include review and resubmittal times indicated in Division 01 Section "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's Construction Schedule with Submittals Schedule. 4. Startup and Testing Time: Include not less than seven days for startup and testing. 5. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Architect's administrative procedures necessary for certification of Substantial Completion. C. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected. 1. Phasing: Arrange list of activities on schedule by phase. 2. Work under More Than One Contract: Include a separate activity for each contract. 3. Work by Owner: Include a separate activity for each portion of the Work performed by Owner. 4. Work Restrictions: Show the effect of the following items on the schedule: a. Coordination with existing construction. • b. Limitations of continued occupancies. c. Uninterruptible services. d. Partial occupancy before Substantial Completion. e. Use of premises restrictions. f. Provisions for future construction. g. Seasonal variations. h. Environmental control. CONSTRUCTION PROGRESS DOCUMENTATION 013200 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 5. Work Stages: Indicate important stages of construction for each major portion of the Work. 6. Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and Final Completion. D. Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time-impact analysis using fragnets to demonstrate the effect of the proposed change on the overall project schedule. PART 3 - EXECUTION 3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting. 1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. 2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. 3. As the Work progresses, indicate Actual Completion percentage for each activity. B. Distribution: Distribute copies of approved schedule to Architect Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility. 1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. END OF SECTION 013200 CONSTRUCTION PROGRESS DOCUMENTATION 013200 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 013300 - SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. See Division 01 Section "Construction Progress Documentation" for submitting schedules and reports, including Contractor's Construction Schedule. C. See Division 01 Section "Quality Requirements" for submitting test and inspection reports. D. See Division 01 Section "Closeout Procedures" for submitting warranties. E. See Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. F. See Division 01 Section "Operation and Maintenance Data" for submitting operation and maintenance manuals. G. See Division 01 Section "Demonstration and Training" for submitting videotapes of demonstration of equipment and training of Owner's personnel. 1.2 DEFINITIONS A. Action Submittals: Written and graphic information that requires Architect's responsive action. B. Informational Submittals: Written information that does not require Architect's responsive action. Submittals may be rejected for not complying with requirements. 1.3 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. SUBMITTAL PROCEDURES 013300 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK B. Submittals Schedule: Comply with requirements in Division 01 Section "Construction Progress Documentation" for list of submittals and time requirements for scheduled performance of related construction activities. C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 15 days for review of each resubmittal. D. Identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 6 by 8 inches (150 by 200 mm) on label or beside title block to record Contractor's review and approval markings and action taken by Architect. 3. Include the following information on label for processing and recording action taken: a. Project name. b. Date. c. Name and address of Architect. d. Name and address of Contractor. e. Name and address of subcontractor. f. Name and address of supplier. g. Name of manufacturer. h. Submittal number or other unique identifier, including revision identifier. 1) Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.g., 061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., 061000.01.A). i. Number and title of appropriate Specification Section. j. Drawing number and detail references, as appropriate. k. Location(s) where product is to be installed, as appropriate. I. Other necessary identification. E. Deviations: Highlight, encircle, or otherwise specifically identify deviations from the Contract Documents on submittals. F. Additional Copies: Unless additional copies are required for final submittal, and unless Architect observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal. SUBMITTAL PROCEDURES 013300 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Additional copies submitted for maintenance manuals will be marked with action taken and will be returned. G. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will return submittals, without review, received from sources other than Contractor. 1. Transmittal Form: Use AIA Document G810 or approved Contractor Transmittal Form. H. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked approved on Architect's Submittal review form attached at the end of this section. I. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. J. Use for Construction: Use only final submittals with mark indicating approval taken by Architect. 1.4 CONTRACTOR'S USE OF ARCHITECT'S CAD FILES A. General: At Contractor's written request, copies of Architect's CAD files will be provided to Contractor for Contractor's use in connection with Project, subject to the following conditions: 1. Approval by the Architect and Owner. PART 2 - PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. SUBMITTAL PROCEDURES 013300 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3. Include the following information, as applicable: a. Manufacturer's written recommendations. b. Manufacturer's product specifications. c. Manufacturer's installation instructions. d. Manufacturer's catalog cuts. e. Wiring diagrams showing factory-installed wiring. f. Printed performance curves. g. Operational range diagrams. h. Compliance with specified referenced standards. i. Testing by recognized testing agency. 4. Number of Copies: Submit seven copies of Product Data, unless otherwise indicated. Architect will return five copies. Mark up and retain two returned copies as Project Record Documents. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Dimensions. b. Identification of products. c. Fabrication and installation drawings. d. Roughing-in and setting diagrams. e. Wiring diagrams showing field-installed wiring, including power, signal, and control wiring. f. Shopwork manufacturing instructions. g. Templates and patterns. h. Schedules. i. Notation of coordination requirements. j. Notation of dimensions established by field measurement. k. Relationship to adjoining construction clearly indicated. I. Seal and signature of professional engineer if specified. m. Wiring Diagrams: Differentiate between manufacturer-installed and field- installed wiring. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm) but no larger than 30 by 40 inches (750 by 1000 mm). 3. Number of Copies: Submit six opaque (bond) copies of each submittal. Architect will return one copy. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. SUBMITTAL PROCEDURES 013300 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. c. Sample source. d. Number and title of appropriate Specification Section. 3. Disposition: Maintain sets of approved Samples at Project site, available for quality- control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. 4. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a. Number of Samples: Submit one full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Architect will return submittal with options selected. 5. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit three sets of Samples. Architect will retain two Sample sets; remainder will be returned. Mark up and retain one returned Sample set as a Project Record Sample. E. Product Schedule or List: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. 1. Number of Copies: Submit seven copies of product schedule or list, unless otherwise indicated. Architect will return five copies. F. Submittals Schedule: Comply with requirements specified in Division 01 Section "Construction Progress Documentation." G. Application for Payment: Comply with requirements specified in Division 01 Section "Payment Procedures." H. Schedule of Values: Comply with requirements specified in Division 01 Section "Payment Procedures." Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. SUBMITTAL PROCEDURES 013300 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Number of Copies: Submit three copies of subcontractor list, unless otherwise indicated. Architect will return two copies. 2.2 INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. 1. Number of Copies: Submit two copies of each submittal, unless otherwise indicated. Architect will not return copies. 2. Certificates and Certifications: Provide a notarized statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. 3. Test and Inspection Reports: Comply with requirements specified in Division 01 Section "Quality Requirements." B. Coordination Drawings: Comply with requirements specified in Division 01 Section "Project Management and Coordination." C. Contractor's Construction Schedule: Comply with requirements specified in Division 01 Section "Construction Progress Documentation." D. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. E. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification (WPS) and Procedure Qualification Record (PQR) on AWS forms. Include names of firms and personnel certified. F. Installer Certificates: Prepare written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. G. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. H. Product Certificates: Prepare written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. I. Material Certificates: Prepare written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. J. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. SUBMITTAL PROCEDURES 013300 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK K. Product Test Reports: Prepare written reports indicating current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. L. Research/Evaluation Reports: Prepare written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. M. Preconstruction Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. N. Compatibility Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. O. Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. P. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of products and equipment. Comply with requirements specified in Division 01 Section "Operation and Maintenance Data." Q. Design Data: Prepare written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. R. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. S. Manufacturer's Field Reports: Prepare written information documenting factory-authorized service representative's tests and inspections. Include the following, as applicable: 1. Statement on condition of substrates and their acceptability for installation of product. 2. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 3. Results of operational and other tests and a statement of whether observed performance complies with requirements. T. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. SUBMITTAL PROCEDURES 013300 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK U. Material Safety Data Sheets (MSDSs): Submit information directly to Owner; do not submit to Architect. 1. Architect will not review submittals that include MSDSs and will return them for resubmittal. 2.3 DELEGATED DESIGN A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. 1. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Architect. B. Delegated-Design Submittal: In addition to Shop Drawings, Product Data, and other required submittals, submit three copies of a statement, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional. 1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 ARCHITECT'S ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or modifications required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: SUBMITTAL PROCEDURES 013300 - 8 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. See sample of Architect's Shop Drawing Review Sheet at the end of this section. C. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party. D. Partial submittals are not acceptable, will be considered nonresponsive, and will be returned without review. Submittals not required by the Contract Documents may not be reviewed and may be discarded. SUBMITTAL PROCEDURES 013300 - 9 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK Dohn H.LaBiche,FAIA-Principal Greg Wall,AIA-Principal 7999 Gladys Avenue,Suite 101 Beaumont,Texas 77706 The LaB1GhE (409)860-0197•Fax(409)860-0198 ARCHITECTURAL GROUP, INC. SHOP DRAWING REVIEW Project Name: XX PART 4 - Project Number: XX Submittal For: XX No Exception Exceptions Noted Rejected Revise & Resubmit Submit Specified Item NOTE: Our checking is only to determine general conformance with the design concept of the project and general compliance with the Contract Documents. The Contractor is solely responsible for confirm- ing and correlating dimensions at the job site; for information which pertains to fabrication processes or construction techniques, and for coordinating the work of all trades. Our checking of shop draw- ings and submittals shall not relieve the Contractor of responsibility for deviation from the require- ments of the Contract Documents nor for errors or emissions in the shop drawings and submittals. By: Date: Remarks: END OF SECTION 01330 SUBMITTAL PROCEDURES 013300 - 10 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 014000 - QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and -control procedures that facilitate compliance with the Contract Document requirements. 2. Requirements for Contractor to provide quality-assurance and -control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section. C. See Divisions 02 through 49 Sections for specific test and inspection requirements. 1.2 DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect. C. Mockups: Full-size, physical assemblies that are constructed on-site. Mockups are used to verify selections made under sample submittals, to demonstrate aesthetic effects and, where indicated, qualities of materials and execution, and to review construction, coordination, testing, or operation; they are not Samples. Approved mockups establish the standard by which the Work will be judged. D. Laboratory Mockups: Full-size, physical assemblies that are constructed at testing facility to verify performance characteristics. E. Preconstruction Testing: Tests and inspections that are performed specifically for the Project before products and materials are incorporated into the Work to verify performance or compliance with specified criteria. QUALITY REQUIREMENTS 014000 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK F. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with industry standards. G. Source Quality-Control Testing: Tests and inspections that are performed at the source, i.e., plant, mill, factory, or shop. H. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work. I. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. J. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1. Using a term such as "carpentry" does not imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter." It also does not imply that requirements specified apply exclusively to trades people of the corresponding generic name. K. Experienced: When used with an entity, "experienced" means having successfully completed a minimum of five previous projects similar in size and scope to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.3 CONFLICTING REQUIREMENTS A. General: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different, but apparently equal, to Architect for a decision before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. 1.4 SUBMITTALS A. Qualification Data: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. QUALITY REQUIREMENTS 014000 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK B. Reports: Prepare and submit certified written reports that include the following: 1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and re-inspecting. C. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.5 QUALITY ASSURANCE A. General: Qualifications paragraphs in this Article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. C. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar to those indicated for this Project in material, design, and extent. F. Specialists: Certain sections of the Specifications require that specific construction activities shall be performed by entities who are recognized experts in those QUALITY REQUIREMENTS 014000 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. 1. Requirement for specialists shall not supersede building codes and regulations governing the Work. G. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 548; and with additional qualifications specified in individual Sections; and where required by authorities having jurisdiction, that is acceptable to authorities. 1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. 2. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program. H. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work: 1. Build mockups in location and of size indicated or, if not indicated, as directed by Architect. 2. Notify Architect seven days in advance of dates and times when mockups will be constructed. 3. Demonstrate the proposed range of aesthetic effects and workmanship. 4. Obtain Architect's approval of mockups before starting work, fabrication, or construction. 5. Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. 6. Demolish and remove mockups when directed, unless otherwise indicated. J. Laboratory Mockups: Comply with requirements of preconstruction testing and those specified in individual Sections in Divisions 02 through 49. 1.6 QUALITY CONTROL A. Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. 1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. 2. Costs for retesting and re-inspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor, and the Contract Sum will be adjusted by Change Order. QUALITY REQUIREMENTS 014000 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK B. Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not. 1. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. 2. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. 3. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. 4. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. 5. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Division 01 Section "Submittal Procedures." D. Retesting/Re-inspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and re- inspecting, for construction that replaced Work that failed to comply with the Contract Documents. E. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Determine the location from which test samples will be taken and in which situations tests are conducted. 3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor. 5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. 6. Do not perform any duties of Contractor. F. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: QUALITY REQUIREMENTS 014000 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at Project site. G. Coordination: Coordinate sequence of activities to accommodate required quality- assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. 1.7 SPECIAL TESTS AND INSPECTIONS A. Special Tests and Inspections: Owner will engage a qualified testing agency to conduct special tests and inspections required by authorities having jurisdiction as the responsibility of Owner, and as follows: B. Special Tests and Inspections: Conducted by a qualified testing agency required by authorities having jurisdiction, as indicated in individual Specification Sections, and as follows: 1. Verifying that manufacturer maintains detailed fabrication and quality-control procedures and reviewing the completeness and adequacy of those procedures to perform the Work. 2. Notifying Architect and Contractor promptly of irregularities and deficiencies observed in the Work during performance of its services. 3. Submitting a certified written report of each test, inspection, and similar quality- control service to Architect with copy to Contractor and to authorities having jurisdiction. 4. Submitting a final report of special tests and inspections at Substantial Completion, which includes a list of unresolved deficiencies. 5. Interpreting tests and inspections and stating in each report whether tested and inspected work complies with or deviates from the Contract Documents. • 6. Retesting and re-inspecting corrected work. QUALITY REQUIREMENTS 014000 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1. Provide materials and comply with installation requirements specified in other Specification Sections. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. 2. Comply with the Contract Document requirements for Division 01 Section "Cutting and Patching." B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION 014000 QUALITY REQUIREMENTS 014000 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 014200 - REFERENCES PART 1 - GENERAL 1.1 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract. C. "Directed": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed." D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. H. "Provide": Furnish and install, complete and ready for the intended use. I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.2 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. REFERENCES 014200 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. 1.3 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Thomson Gale's "Encyclopedia of Associations" or in Columbia Books' "National Trade & Professional Associations of the U.S." B. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. AA Aluminum Association, Inc. (The) AAADM American Association of Automatic Door Manufacturers AABC Associated Air Balance Council AAMA American Architectural Manufacturers Association AASHTO American Association of State Highway and Transportation Officials AATCC American Association of Textile Chemists and Colorists (The) ABAA Air Barrier Association of America ABMA American Bearing Manufacturers Association ACI ACI International (American Concrete Institute) ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies, Inc. (The) AF&PA American Forest & Paper Association AGA American Gas Association AGC Associated General Contractors of America (The) AHA American Hardboard Association (Now part of CPA) AHAM Association of Home Appliance Manufacturers REFERENCES 014200 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK Al Asphalt Institute AIA American Institute of Architects (The) AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALCA Associated Landscape Contractors of America (Now PLANET - Professional Landcare Network) ALSO American Lumber Standard Committee, Incorporated AMCA Air Movement and Control Association International, Inc. ANSI American National Standards Institute AOSA Association of Official Seed Analysts, Inc. APA Architectural Precast Association APA APA - The Engineered Wood Association APA EWS APA - The Engineered Wood Association; Engineered Wood Systems API American Petroleum Institute ARI Air-Conditioning & Refrigeration Institute ARMA Asphalt Roofing Manufacturers Association ASCE American Society of Civil Engineers ASCE/SEI American Society of Civil Engineers/Structural Engineering Institute (See ASCE) ASHRAE American Society of Heating, Refrigerating and Air-Conditioning Engineers ASME ASME International (The American Society of Mechanical Engineers International) ASSE American Society of Sanitary Engineering ASTM ASTM International (American Society for Testing and Materials International) AWCI AWCIInternational (Association of the Wall and Ceiling Industry International) REFERENCES 014200 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK AWCMA American Window Covering Manufacturers Association (Now WCSC) AWI Architectural Woodwork Institute AWPA American Wood-Preservers' Association AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturers Association BIA Brick Industry Association (The) BICSI BICSI BIFMA BIFMA International (Business and Institutional Furniture Manufacturer's Association International) BISSC Baking Industry Sanitation Standards Committee CCC Carpet Cushion Council CDA Copper Development Association CEA Canadian Electricity Association CFFA Chemical Fabrics & Film Association, Inc. CGA Compressed Gas Association CIMA Cellulose Insulation Manufacturers Association CISCA Ceilings & Interior Systems Construction Association CISPI Cast Iron Soil Pipe Institute CLFMI Chain Link Fence Manufacturers Institute CRRC Cool Roof Rating Council CPA Composite Panel Association CPPA Corrugated Polyethylene Pipe Association CRI Carpet & Rug Institute (The) CRSI Concrete Reinforcing Steel Institute REFERENCES 014200 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK CSA Canadian Standards Association CSA CSA International (Formerly: IAS - International Approval Services) CSI Cast Stone Institute CSI Construction Specifications Institute (The) CSSB Cedar Shake & Shingle Bureau CTI Cooling Technology Institute (Formerly: Cooling Tower Institute) DHI Door and Hardware Institute EIA Electronic Industries Alliance EIMA EIFS Industry Members Association EJCDC Engineers Joint Contract Documents Committee EJMA Expansion Joint Manufacturers Association, Inc. ESD ESD Association FIBA Federation Internationale de Basketball (The International Basketball Federation) FIVB Federation Internationale de Volleyball (The International Volleyball Federation) FM Approvals FM Approvals FM Global FM Global (Formerly: FMG - FM Global) FMRC Factory Mutual Research (Now FM Global) FRSA Florida Roofing, Sheet Metal & Air Conditioning Contractors Association, Inc. FSA Fluid Sealing Association FSC Forest Stewardship Council GA Gypsum Association GANA Glass Association of North America GRI (Now GSI) REFERENCES 014200 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK GS Green Seal GSI Geosynthetic Institute HI Hydraulic Institute HI Hydronics Institute HMMA Hollow Metal Manufacturers Association (Part of NAAMM) HPVA Hardwood Plywood &Veneer Association HPW H. P. White Laboratory, Inc. IAS International Approval Services (Now CSA International) IBF International Badminton Federation ICEA Insulated Cable Engineers Association, Inc. ICRI International Concrete Repair Institute, Inc. IEC International Electrotechnical Commission IEEE Institute of Electrical and Electronics Engineers, Inc. (The) IESNA Illuminating Engineering Society of North America ZEST Institute of Environmental Sciences and Technology IGCC Insulating Glass Certification Council IGMA Insulating Glass Manufacturers Alliance ILI Indiana Limestone Institute of America, Inc. ISO International Organization for Standardization ISSFA International Solid Surface Fabricators Association ITS Intertek Testing Service NA ITU International Telecommunication Union KCMA Kitchen Cabinet Manufacturers Association LMA Laminating Materials Association (Now part of CPA) REFERENCES 014200 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK LPI Lightning Protection Institute MBMA Metal Building Manufacturers Association MFMA Maple Flooring Manufacturers Association, Inc. MFMA Metal Framing Manufacturers Association, Inc. MH Material Handling (Now MHIA) MHIA Material Handling Industry of America MIA Marble Institute of America MPI Master Painters Institute MSS Manufacturers Standardization Society of The Valve and Fittings Industry Inc. NAAMM National Association of Architectural Metal Manufacturers NACE NACE International (National Association of Corrosion Engineers International) NADCA National Air Duct Cleaners Association NAGWS National Association for Girls and Women in Sport NAIMA North American Insulation Manufacturers Association NBGQA National Building Granite Quarries Association, Inc. NCAA National Collegiate Athletic Association (The) NCMA National Concrete Masonry Association NCPI National Clay Pipe Institute NCTA National Cable & Telecommunications Association NEBB National Environmental Balancing Bureau NECA National Electrical Contractors Association NeLMA Northeastern Lumber Manufacturers' Association NEMA National Electrical Manufacturers Association NETA InterNational Electrical Testing Association REFERENCES 014200 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK NFHS National Federation of State High School Associations NFPA NFPA (National Fire Protection Association) NFRC National Fenestration Rating Council NGA National Glass Association NHLA National Hardwood Lumber Association NLGA National Lumber Grades Authority NOFMA NOFMA: The Wood Flooring Manufacturers Association (Formerly: National Oak Flooring Manufacturers Association) NRCA National Roofing Contractors Association NRMCA National Ready Mixed Concrete Association NSF NSF International (National Sanitation Foundation International) NSSGA National Stone, Sand & Gravel Association NTMA National Terrazzo & Mosaic Association, Inc. (The) NTRMA National Tile Roofing Manufacturers Association (Now TRI) NWWDA National Wood Window and Door Association (Now WDMA) OPL Omega Point Laboratories, Inc. (Now ITS) PCI Precast/Prestressed Concrete Institute PDCA Painting & Decorating Contractors of America PDI Plumbing & Drainage Institute PGI PVC Geomembrane Institute PLANET Professional Landcare Network (Formerly: ACLA -Associated Landscape Contractors of America) PTI Post-Tensioning Institute RCSC Research Council on Structural Connections REFERENCES 014200 - 8 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK RFC' Resilient Floor Covering Institute RIS Redwood Inspection Service SAE SAE International SDI Steel Deck Institute SDI Steel Door Institute SEFA Scientific Equipment and Furniture Association SEI/ASCE Structural Engineering Institute/American Society of Civil Engineers (See ASCE) SGCC Safety Glazing Certification Council SIA Security Industry Association SIGMA Sealed Insulating Glass Manufacturers Association (Now IGMA) SJI Steel Joist Institute SMA Screen Manufacturers Association SMACNA Sheet Metal and Air Conditioning Contractors' National Association SMPTE Society of Motion Picture and Television Engineers SPFA Spray Polyurethane Foam Alliance (Formerly: SPI/SPFD - The Society of the Plastics Industry, Inc.; Spray Polyurethane Foam Division) SPIB Southern Pine Inspection Bureau (The) SPRI Single Ply Roofing Industry SSINA Specialty Steel Industry of North America SSPC SSPC: The Society for Protective Coatings STI Steel Tank Institute SWI Steel Window Institute SWRI Sealant, Waterproofing, & Restoration Institute TCA Tile Council of America, Inc. REFERENCES 014200 - 9 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK TIA/EIA Telecommunications Industry Association/Electronic Industries Alliance TMS The Masonry Society TPI Truss Plate Institute, Inc. TPI Turfgrass Producers International TRI Tile Roofing Institute UL Underwriters Laboratories Inc. UNI Uni-Bell PVC Pipe Association USAV USA Volleyball USGBC U.S. Green Building Council USITT United States Institute for Theatre Technology, Inc. WASTEC Waste Equipment Technology Association WCLIB West Coast Lumber Inspection Bureau WCMA Window Covering Manufacturers Association (Now WCSC) WCSC Window Covering Safety Council (Formerly: WCMA -Window Covering Manufacturers Association) WDMA Window & Door Manufacturers Association (Formerly: NWWDA - National Wood Window and Door Association) WI Woodwork Institute (Formerly: WIC -Woodwork Institute of California) WIC Woodwork Institute of California (Now WI) WMMPA Wood Moulding & Millwork Producers Association WSRCA Western States Roofing Contractors Association WWPA Western Wood Products Association C. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. BOCA BOCA International, Inc. (See ICC) REFERENCES 014200 - 10 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK IAPMO International Association of Plumbing and Mechanical Officials ICBG International Conference of Building Officials (See ICC) ICBG ICBG Evaluation Service, Inc. ES (See ICC-ES) ICC International Code Council ICC-ES ICC Evaluation Service, Inc. SBCCI Southern Building Code Congress International, Inc. (See ICC) UBC Uniform Building Code (See ICC) D. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. CE Army Corps of Engineers CPSC Consumer Product Safety Commission DOC Department of Commerce DOD Department of Defense DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FCC Federal Communications Commission FDA Food and Drug Administration GSA General Services Administration HUD Department of Housing and Urban Development LBL Lawrence Berkeley National Laboratory NCHR National Cooperative Highway Research Program P (See TRB) REFERENCES 014200 - 11 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK NIST National Institute of Standards and Technology OSHA Occupational Safety & Health Administration PBS Public Building Service (See GSA) PHS Office of Public Health and Science RUS Rural Utilities Service (See USDA) SD State Department TRB Transportation Research Board USDA Department of Agriculture USPS Postal Service E. Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. ADAAG Americans with Disabilities Act (ADA) Architectural Barriers Act (ABA) CFR Code of Federal Regulations DOD Department of Defense Military Specifications and Standards DSCC Defense Supply Center Columbus (See FS) FED-STD Federal Standard (See FS) FS Federal Specification FTMS Federal Test Method Standard (See FS) MIL (See MILSPEC) MIL-STD (See MILSPEC) MILSPEC Military Specification and Standards UFAS Uniform Federal Accessibility Standards REFERENCES 014200 - 12 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK F. State Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. CBH State of California, Department of Consumer Affairs Bureau of Home Furnishings and F Thermal Insulation CCR California Code of Regulations CPU California Public Utilities Commission C TFS Texas Forest Service Forest Resource Development PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 014200 REFERENCES 014200 - 13 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS PART 1 -GENERAL 1.1 SUMMARY A. This Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. See Division 01 Section "Execution"for progress cleaning requirements. C. See Divisions 02 through 49 Sections for temporary heat, ventilation, and humidity requirements for products in those Sections. 1.2 DEFINITIONS A. Permanent Enclosure: As determined by Architect, permanent or temporary roofing is complete, insulated, and weather tight; exterior walls are insulated and weather tight; and all openings are closed with permanent construction or substantial temporary closures. 1.3 USE CHARGES A. General: Cost or use charges for temporary facilities shall be included in the Contract Sum. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Architect, occupants of Project, testing agencies, and authorities having jurisdiction. B. Water Service: Water from Owner's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. C. Electric Power Service: Electric power from Owner's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. 1.4 SUBMITTALS A. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel. 1.5 QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. TEMPORARY FACILITIES AND CONTROLS 015000 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. 1.6 PROJECT CONDITIONS A. Temporary Use of Permanent Facilities: Installer of each permanent service shall assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities. PART 2 - PRODUCTS 2.1 MATERIALS A. Pavement: Comply with Division 32 Section "Asphalt Paving." B. Chain-Link Fencing: Minimum 2-inch (50-mm), 0.148-inch- (3.76-mm-) thick, galvanized steel, chain-link fabric fencing; minimum 6 feet (1.8 m) high with galvanized steel pipe posts; minimum 2-3/8-inch- (60-mm-) OD line posts and 2-7/8-inch- (73-mm- ) OD corner and pull posts, with 1-5/8-inch- (42-mm-) OD top rails. C. Portable Chain-Link Fencing: Minimum 2-inch (50-mm), 9-gage, galvanized steel, chain-link fabric fencing; minimum 6 feet (1.8 m) high with galvanized steel pipe posts; minimum 2-3/8-inch- (60-mm-) OD line posts and 2-7/8-inch- (73-mm-) OD corner and pull posts, with 1-5/8-inch- (42-mm-) OD top and bottom rails. Provide galvanized steel bases for supporting posts. D. Lumber and Plywood: Comply with requirements in Division 06 Section "Rough Carpentry." E. Gypsum Board: Minimum 1/2 inch (12.7 mm) thick by 48 inches (1219 mm) wide by maximum available lengths; regular-type panels with tapered edges. Comply with ASTM C 36/C 36M. F. Insulation: Unfaced mineral-fiber blanket, manufactured from glass, slag wool, or rock wool; with maximum flame-spread and smoke-developed indexes of 25 and 50, respectively. 2.2 TEMPORARY FACILITIES A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading. B. Storage and Fabrication Sheds: Provide sheds sized, furnished, and equipped to accommodate materials and equipment for construction operations. TEMPORARY FACILITIES AND CONTROLS 015000 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2.3 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. B. HVAC Equipment: Unless Owner authorizes use of permanent HVAC system, provide vented, self-contained, liquid-propane-gas or fuel-oil heaters with individual space thermostatic control. 1. Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating units is prohibited. 2. Heating Units: Listed and labeled for type of fuel being consumed, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. 3. Permanent HVAC System: If Owner authorizes use of permanent HVAC system for temporary use during construction, provide filter with MERV of 8 at each return air grille in system and remove at end of construction. 2.4 SITE IDENTIFICATION SIGN A. Contractor shall provide (1) one project identification sign per each park (total 3 required). B. Provide sign as shown on JOB SIGN drawings located at the end of this section. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. 1. Locate facilities to limit site disturbance as specified in Division 01 Section "Summary." B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Install temporary service or connect to existing service. 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. B. Sewers and Drainage: Provide temporary utilities to remove effluent lawfully. TEMPORARY FACILITIES AND CONTROLS 015000 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Connect temporary sewers to municipal system as directed by authorities having jurisdiction. C. Water Service: Install water service and distribution piping in sizes and pressures adequate for construction. D. Water Service: Use of Owner's existing water service facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. 1. Where installations below an outlet might be damaged by spillage or leakage, provide a drip pan of suitable size to minimize water damage. Drain accumulated water promptly from pans. E. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. 1. Toilets: Use of Owner's existing toilet facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. F. Heating and Cooling : Provide temporary heating and cooling required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. G. Ventilation and Humidity Control: Provide temporary ventilation required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce ambient condition required and minimize energy consumption. H. Electric Power Service: Use of Owner's existing electric power service will be permitted, as long as equipment is maintained in a condition acceptable to Owner. I. Electric Power Service: Provide electric power service and distribution system of sufficient size, capacity, and power characteristics required for construction operations. 1. Install electric power service overhead, unless otherwise indicated. 2. Connect temporary service to Owner's existing power source, as directed by Owner. J. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions. TEMPORARY FACILITIES AND CONTROLS 015000 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system. K. Telephone Service: Provide temporary telephone service in common-use facilities for use by all construction personnel. Install one telephone line(s) for each field office. 1. Provide additional telephone lines for the following: a. Provide a dedicated telephone line for each facsimile machine and computer in each field office. 2. At each telephone, post a list of important telephone numbers including police and fire departments, Contractor's home office, Architect's office, Owner's office and security office, Principal subcontractors' field and home offices. 3. Provide superintendent with cellular telephone or portable two-way radio for use when away from field office. L. Electronic Communication Service: Provide temporary electronic communication service, including electronic mail in field office. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: 1. Provide incombustible construction for offices, shops, and sheds located within construction area or within 30 feet (9 m) of building lines. Comply with NFPA 241. 2. Maintain support facilities until near Substantial Completion. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. B. Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas adequate for construction operations. Locate temporary roads and paved areas within construction limits indicated on Drawings. 1. Provide dust-control treatment that is nonpolluting and nontracking. Reapply treatment as required to minimize dust. C. Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas adequate for construction operations. Locate temporary roads and paved areas in same location as permanent roads and paved areas. Extend temporary roads and paved areas, within construction limits indicated, as necessary for construction operations. 1. Coordinate elevations of temporary roads and paved areas with permanent roads and paved areas. 2. Prepare sub grade and install sub base and base for temporary roads and paved areas according to Division 31 Section "Earth Moving." 3. Recondition base after temporary use, including removing contaminated material, re-grading, proof rolling, compacting, and testing. TEMPORARY FACILITIES AND CONTROLS 015000 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 4. Delay installation of final course of permanent hot-mix asphalt pavement until immediately before Substantial Completion. Repair hot-mix asphalt base-course pavement before installation of final course according to Division 32 Section "Asphalt Paving." D. Traffic Controls: Comply with requirements of authorities having jurisdiction. 1. Protect existing site improvements to remain including curbs, pavement, and utilities. 2. Maintain access for fire-fighting equipment and access to fire hydrants. E. Parking: Use designated areas of Owner's existing parking areas for construction personnel. F. Dewatering Facilities and Drains: Comply with requirements of authorities having jurisdiction. Maintain Project site, excavations, and construction free of water. 1. Dispose of rainwater in a lawful manner that will not result in flooding Project or adjoining properties nor endanger permanent Work or temporary facilities. 2. Remove snow and ice as required to minimize accumulations. G. Project Identification and Temporary Signs: Provide Project identification and other signs as indicated at the end of this section. Install signs where indicated to inform public and individuals seeking entrance to Project. Unauthorized signs are not permitted. 1. Provide temporary, directional signs for construction personnel and visitors. 2. Maintain and touchup signs so they are legible at all times. H. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with Division 01 Section "Execution" for progress cleaning requirements. I. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel. 1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities. J. Temporary Elevator Use: Refer to Division 14 Sections for temporary use of new elevators. K. Temporary Stairs: Until permanent stairs are available, provide temporary stairs where ladders are not adequate. TEMPORARY FACILITIES AND CONTROLS 015000 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK L. Temporary Use of Permanent Stairs: Cover finished, permanent stairs with protective covering of plywood or similar material so finishes will be undamaged at time of acceptance. 3.4 SITE IDENTIFICATION SIGN INSTALLATION A. Install signs as shown on "JOB SIGN" B. drawings located at the end of this section. C. Install one sign per jobsite. Verify location in field with Architect. 3.5 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. B. Temporary Erosion and Sedimentation Control: Provide measures to prevent soil erosion and discharge of soil-bearing water runoff and airborne dust to adjacent properties and walkways, according to requirements of authorities having jurisdiction. C. Storm Water Control: Comply with authorities having jurisdiction. Provide barriers in and around excavations and sub grade construction to prevent flooding by runoff of storm water from heavy rains. D. Tree and Plant Protection: Install temporary fencing located as indicated or outside the drip line of trees to protect vegetation from damage from construction operations. Protect tree root systems from damage, flooding, and erosion. E. Pest Control: Engage pest-control service to recommend practices to minimize attraction and harboring of rodents, roaches, and other pests and to perform extermination and control procedures at regular intervals so Project will be free of pests and their residues at Substantial Completion. Obtain extended warranty for Owner. Perform control operations lawfully, using environmentally safe materials. F. Site Enclosure Fence: Before construction operations begin and install site enclosure fence in a manner that will prevent people and animals from easily entering site except by entrance gates. 1. Extent of Fence: As required to enclose entire Project site or portion determined sufficient to accommodate construction operations. 2. Maintain security by limiting number of keys and restricting distribution to authorized personnel. Provide Owner with one set of keys. G. Security Enclosure and Lockup: Install substantial temporary enclosure around partially completed areas of construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. TEMPORARY FACILITIES AND CONTROLS 015000 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK H. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241. 1. Prohibit smoking in construction areas. 2. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition according to requirements of authorities having jurisdiction. 3. Develop and supervise an overall fire-prevention and -protection program for personnel at Project site. Review needs with local fire department and establish procedures to be followed. Instruct personnel in methods and procedures. Post warnings and information. 4. Provide temporary standpipes and hoses for fire protection. Hang hoses with a warning sign stating that hoses are for fire-protection purposes only and are not to be removed. Match hose size with outlet size and equip with suitable nozzles. 3.6 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. 2. At Substantial Completion, clean and renovate permanent facilities used during construction period. Comply with final cleaning requirements specified in Division 01 Section "Closeout Procedures." END OF SECTION 015000 TEMPORARY FACILITIES AND CONTROLS 015000 - 8 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 016000 - PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; product substitutions; and comparable products. B. See Division 01 Section "Closeout Procedures" for submitting warranties for Contract closeout. C. See Divisions 02 through 49 Sections for specific requirements for warranties on products and installations specified to be warranted. 1.2 DEFINITIONS A. Products: Items purchased for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products. 3. Comparable Product: Product that is demonstrated and approved through submittal process, or where indicated as a product substitution, to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. B. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. C. Basis-of-Design Product Specification: Where a specific manufacturer's product is named and accompanied by the words "basis of design," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other named manufacturers. PRODUCT REQUIREMENTS 016000 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1.3 SUBMITTALS A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Substitution Request Form: type written letter on company stationary. 2. Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. Statement indicating why specified material or product cannot be provided. b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. c. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. g. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. h. Research/evaluation reports evidencing compliance with building code in effect for Project, from a model code organization acceptable to authorities having jurisdiction. i. Detailed comparison of Contractor's Construction Schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating lack of availability or delays in delivery. j. Cost information, including a proposal of change, if any, in the Contract Sum. k. Contractor's certification that proposed substitution complies with requirements in the Contract Documents and is appropriate for applications indicated. I. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 3. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within 7 days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later. a. Form of Acceptance: Change Order. PRODUCT REQUIREMENTS 016000 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK b. Use product specified if Architect cannot make a decision on use of a proposed substitution within time allocated. B. Comparable Product Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Architect will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later. a. Form of Approval: As specified in Division 01 Section "Submittal Procedures." b. Use product specified if Architect cannot make a decision on use of a comparable product request within time allocated. C. Basis-of-Design Product Specification Submittal: Comply with requirements in Division 01 Section "Submittal Procedures." Show compliance with requirements. 1.4 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, product selected shall be compatible with products previously selected, even if previously selected products were also options. 1.5 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft. Comply with manufacturer's written instructions. B. Delivery and Handling: 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products on delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. C. Storage: PRODUCT REQUIREMENTS 016000 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weather tight enclosure above ground, with ventilation adequate to prevent condensation. 4. Store cementitious products and materials on elevated platforms. 5. Store foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. 6. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. 7. Protect stored products from damage and liquids from freezing. 1.6 PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. 1. Manufacturer's Warranty: Preprinted written warranty published by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. 2. Special Warranty: Written warranty required by or incorporated into the Contract Documents, either to extend time limit provided by manufacturer's warranty or to provide more rights for Owner. B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. Submit a draft for approval before final execution. 1. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed. 2. Specified Form: When specified forms are included with the Specifications, prepare a written document using appropriate form properly executed. 3. Refer to Divisions 2 through 16 Sections for specific content requirements and particular requirements for submitting special warranties. C. Submittal Time: Comply with requirements in Division 01 Section "Closeout Procedures." PART 2 - PRODUCTS 2.1 PRODUCT SELECTION PROCEDURES A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, that are new at time of installation. PRODUCT REQUIREMENTS 016000 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. 2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents. 4. Where products are accompanied by the term "as selected," Architect will make selection. 5. Where products are accompanied by the term "match sample," sample to be matched is Architect's. 6. Descriptive, performance, and reference standard requirements in the Specifications establish "salient characteristics" of products. B. Product Selection Procedures: 1. Product: Where Specifications name a single product and manufacturer, provide the named product that complies with requirements. 2. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. 3. Products: Where Specifications include a list of names of both products and manufacturers, provide one of the products listed that complies with requirements. 4. Manufacturers: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. 5. Available Products: Where Specifications include a list of names of both products and manufacturers, provide one of the products listed, or an unnamed product, that complies with requirements. Comply with provisions in Part 2 "Comparable Products"Article for consideration of an unnamed product. 6. Available Manufacturers: Where Specifications include a list of manufacturers, provide a product by one of the manufacturers listed, or an unnamed manufacturer, that complies with requirements. Comply with provisions in Part 2 "Comparable Products"Article for consideration of an unnamed product. 7. Product Options: Where Specifications indicate that sizes, profiles, and dimensional requirements on Drawings are based on a specific product or system, provide the specified product or system. Comply with provisions in Part 2 "Product Substitutions" Article for consideration of an unnamed product or system. 8. Basis-of-Design Product: Where Specifications name a product and include a list of manufacturers, provide the specified product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with provisions in Part 2 "Comparable Products" Article for consideration of an unnamed product by the other named manufacturers. 9. Visual Matching Specification: Where Specifications require matching an established Sample, select a product that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches. PRODUCT REQUIREMENTS 016000 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIPPING PARK, & HERMAN PARK a. If no product available within specified category matches and complies with other specified requirements, comply with provisions in Part 2 "Product Substitutions" Article for proposal of product. 10. Visual Selection Specification: Where Specifications include the phrase "as selected from manufacturer's colors, patterns, textures" or a similar phrase, select a product that complies with other specified requirements. a. Standard Range: Where Specifications include the phrase "standard range of colors, patterns, textures" or similar phrase, Architect will select color, pattern, density, or texture from manufacturer's product line that does not include premium items. b. Full Range: Where Specifications include the phrase "full range of colors, patterns, textures" or similar phrase, Architect will select color, pattern, density, or texture from manufacturer's product line that includes both standard and premium items. 2.2 PRODUCT SUBSTITUTIONS A. Timing: Architect will consider requests for substitution if received within 7days of the Bid date. Requests received after that time may be considered or rejected at discretion of Architect. In no case will substitutions submitted more than 30 days after the Notice to Proceed be reviewed. B. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: 1. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. 2. Requested substitution does not require extensive revisions to the Contract Documents. 3. Requested substitution is consistent with the Contract Documents and will produce indicated results. 4. Substitution request is fully documented and properly submitted. 5. Requested substitution will not adversely affect Contractor's Construction Schedule. 6. Requested substitution has received necessary approvals of authorities having jurisdiction. 7. Requested substitution is compatible with other portions of the Work. 8. Requested substitution has been coordinated with other portions of the Work. 9. Requested substitution provides specified warranty. PRODUCT REQUIREMENTS 016000 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2.3 COMPARABLE PRODUCTS A. Conditions: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: 1. Evidence that the proposed product does not require extensive revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 3. Evidence that proposed product provides specified warranty. 4. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners, if requested. 5. Samples, if requested. PART 3 - EXECUTION (Not Used) END OF SECTION 016000 PRODUCT REQUIREMENTS 016000 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 017300 - EXECUTION PART 1 - GENERAL 1.1 SUMMARY A. This Section includes general procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. General installation of products. 4. Progress cleaning. 5. Starting and adjusting. 6. Protection of installed construction. 7. Correction of the Work. B. See Division 01 Section "Closeout Procedures" for submitting final property survey with Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final cleaning. 1.2 SUBMITTALS A. Certificates: Submit certificate signed by professional engineer certifying that location and elevation of improvements comply with requirements. B. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept hazardous materials, for hazardous waste disposal. 1.3 QUALITY ASSURANCE A. Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing land-surveying services of the kind indicated. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Existing Conditions: The existence and location of site improvements, utilities, and other construction indicated as existing are not guaranteed. Before beginning work, EXECUTION 017300 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK investigate and verify the existence and location of mechanical and electrical systems and other construction affecting the Work. 1. Before construction, verify the location and points of connection of utility services. B. Existing Utilities: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities and other construction affecting the Work. 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; and underground electrical services. 2. Furnish location data for work related to Project that must be performed by public utilities serving Project site. C. Acceptance of Conditions: Examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. 2. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 3. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed. 4. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Existing Utility Information: Furnish information to local utility that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a request for information to Architect. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents. EXECUTION 017300 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Architect promptly. B. General: Engage a professional engineer to lay out the Work using accepted surveying practices. 1. Establish benchmarks and control points to set lines and levels at each story of construction and elsewhere as needed to locate each element of Project. 2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. 3. Inform installers of lines and levels to which they must comply. 4. Check the location, level and plumb, of every major element as the Work progresses. 5. Notify Architect when deviations from required lines and levels exceed allowable tolerances. 6. Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction. C. Site Improvements: Locate and lay out site improvements, including pavements, grading, fill and topsoil placement, utility slopes, and invert elevations. D. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used. Make the log available for reference by Architect. 3.4 FIELD ENGINEERING A. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. B. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site, referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of benchmark. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. C. Certified Survey: On completion of foundation walls, major site improvements, and other work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and sitework. D. Final Property Survey: Prepare a final property survey showing significant features (real property) for Project. Include on the survey a certification, signed by professional engineer, that principal metes, bounds, lines, and levels of Project are accurately positioned as shown on the survey. EXECUTION 017300 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Recording: At Substantial Completion, have the final property survey recorded by or with authorities having jurisdiction as the official "property survey." 3.5 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. 3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. F. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. G. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component securely in place, accurately located and aligned with other portions of the. Work. 1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect. 2. Allow for building movement, including thermal expansion and contraction. 3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. H. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. I. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. EXECUTION 017300 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.6 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Coordinate progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold materials more than 7 days during normal weather or 3 days if the temperature is expected to rise above 80 deg F (27 deg C). 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted. H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. J. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. EXECUTION 017300 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.7 STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. B. Adjust operating components for proper operation without binding. Adjust equipment for proper operation. C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. D. Manufacturer's Field Service: If a factory-authorized service representative is required to inspect field-assembled components and equipment installation, comply with qualification requirements in Division 01 Section "Quality Requirements." 3.8 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instructions for temperature and relative humidity. 3.9 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes. Comply with requirements in Division 01 Section "Cutting and Patching." 1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. E. Remove and replace chipped, scratched, and broken glass or reflective surfaces. END OF SECTION 017300 EXECUTION 017300 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 017700 - CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection procedures. 2. Warranties. 3. Final cleaning. B. See Division 01 Section "Payment Procedures" for requirements for Applications for Payment for Substantial and Final Completion. C. See Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. D. See Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. E. See Division 01 Section "Demonstration and Training" for requirements for instructing Owner's personnel. F. See Divisions 02 through 49 Sections for specific closeout and special cleaning requirements for the Work in those Sections. 1.2 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Prepare and submit Project Record Documents, operation and maintenance manuals, Final Completion construction photographs, damage or settlement surveys, property surveys, and similar final record information. CLOSEOUT PROCEDURES 017700 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems. 9. Submit test/adjust/balance records. 10. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 11. Advise Owner of changeover in heat and other utilities. 12. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. 13. Complete final cleaning requirements, including touchup painting. 14. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Architect, that must be completed or corrected before certificate will be issued. 1. Re-inspection: Request re-inspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for Final Completion. 1.3 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: 1. Submit a final Application for Payment according to Division 01 Section "Payment Procedures." 2. Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Submit pest-control final inspection report and warranty. 5. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. CLOSEOUT PROCEDURES 017700 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Re-inspection: Request re-inspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.4 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Preparation: Submit three copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Organize list of spaces in sequential order, starting with exterior areas first and proceeding from lowest floor to highest floor. 2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems. 1.5 WARRANTIES A. Submittal Time: Submit written warranties on request of Architect for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1. Bind warranties and bonds in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch (215-by-280-mm) paper. 2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. C. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2 - PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. CLOSEOUT PROCEDURES 017700 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. c. Rake grounds that are neither planted nor paved to a smooth, even- textured surface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Remove snow and ice to provide safe access to building. f. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. g. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces. h. Sweep concrete floors broom clean in unoccupied spaces. i. Vacuum carpet and similar soft surfaces, removing debris and excess nap; shampoo if visible soil or stains remain. j. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compounds and other noticeable, vision- obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Polish mirrors and glass, taking care not to scratch surfaces. k. Remove labels that are not permanent. I. Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. 1) Do not paint over "UL" and similar labels, including mechanical and electrical nameplates. CLOSEOUT PROCEDURES 017700 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK m. Wipe surfaces of mechanical and electrical equipment, elevator equipment, and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances. n. Replace parts subject to unusual operating conditions. o. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting from water exposure. p. Replace disposable air filters and clean permanent air filters. Clean exposed surfaces of diffusers, registers, and grills. q. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. Replace burned-out bulbs, and those noticeably dimmed by hours of use, and defective and noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures. r. Leave Project clean and ready for occupancy. C. Pest Control: Engage an experienced, licensed exterminator to make a final inspection and rid Project of rodents, insects, and other pests. Prepare a report. D. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. END OF SECTION 017700 CLOSEOUT PROCEDURES 017700 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 017823 - OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. Emergency manuals. 2. Operation manuals for systems, subsystems, and equipment. 3. Maintenance manuals for the care and maintenance of products, materials, and finishes, systems and equipment. B. See Divisions 02 through 49 Sections for specific operation and maintenance manual requirements for the Work in those Sections. 1.2 SUBMITTALS A. Manual: Submit one copy of each manual in final form at least 15 days before final inspection. Architect will return copy with comments within 15 days after final inspection. 1. Correct or modify each manual to comply with Architect's comments. Submit 3 copies of each corrected manual within 15 days of receipt of Architect's comments. PART 2 - PRODUCTS 2.1 MANUALS, GENERAL A. Organization: Unless otherwise indicated, organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each manual shall contain a title page, table of contents, and manual contents. B. Title Page: Enclose title page in transparent plastic sleeve. Include the following information: 1. Subject matter included in manual. 2. Name and address of Project. 3. Name and address of Owner. 4. Date of submittal. 5. Name, address, and telephone number of Contractor. 6. Name and address of Architect. 7. Cross-reference to related systems in other operation and maintenance manuals. OPERATION AND MAINTENANCE DATA 017823 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK C. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual. D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single binder. 1. Binders: Heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by-11-inch (215-by- 280-mm) paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name, and subject matter of contents. Indicate volume number for multiple-volume sets. 2. Dividers: Heavy-paper dividers with plastic-covered tabs for each section. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, cross- referenced to Specification Section number and title of Project Manual. 3. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software diskettes for computerized electronic equipment. 4. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a. If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. b. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations. 2.2 EMERGENCY MANUALS A. Content: Organize manual into a separate section for type of emergency, emergency instructions, and emergency procedures. B. Type of Emergency: Where applicable for each type of emergency indicated below, include instructions and procedures for each system, subsystem, piece of equipment, and component for fire, flood, water leak, power failure, water outage, equipment failure and chemical release or spill. C. Emergency Instructions: Describe and explain warnings, trouble indications, error messages, and similar codes and signals. Include responsibilities of Owner's operating personnel for notification of Installer, supplier, and manufacturer to maintain warranties. OPERATION AND MAINTENANCE DATA 017823 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK D. Emergency Procedures: Include instructions on stopping, shutdown instructions for each type of emergency, operating instructions for conditions outside normal operating limits, and required sequences for electric or electronic systems. 2.3 OPERATION MANUALS A. Content: In addition to requirements in this Section, include operation data required in individual Specification Sections and equipment descriptions, operating standards, operating procedures, operating logs, wiring and control diagrams, and license requirements. B. Descriptions: Include the following: 1. Product name and model number. 2. Manufacturer's name. 3. Equipment identification with serial number of each component. 4. Equipment function. 5. Operating characteristics. 6. Limiting conditions. 7. Performance curves. 8. Engineering data and tests. 9. Complete nomenclature and number of replacement parts. C. Operating Procedures: Include start-up, break-in, and control procedures; stopping and normal shutdown instructions; routine, normal, seasonal, and weekend operating instructions; and required sequences for electric or electronic systems. D. Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as installed. E. Piped Systems: Diagram piping as installed, and identify color-coding where required for identification. 2.4 PRODUCT MAINTENANCE MANUAL A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual. C. Product Information: Include the following, as applicable: 1. Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. OPERATION AND MAINTENANCE DATA 017823 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 4. Material and chemical composition. 5. Reordering information for specially manufactured products. D. Maintenance Procedures: Include manufacturer's written recommendations and inspection procedures, types of cleaning agents, methods of cleaning, schedule for cleaning and maintenance, and repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 2.5 SYSTEMS AND EQUIPMENT MAINTENANCE MANUAL A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below. B. Source Information: List each system, subsystem, and piece of equipment included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual. C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including maintenance instructions, drawings and diagrams for maintenance, nomenclature of parts and components, and recommended spare parts for each component part or piece of equipment: D. Maintenance Procedures: Include test and inspection instructions, troubleshooting guide, disassembly instructions, and adjusting instructions, and demonstration and training videotape if available, that detail essential maintenance procedures: E. Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment. F. Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local sources of maintenance materials and related services. G. Maintenance Service Contracts: Include copies of maintenance agreements with name and telephone number of service agent. H. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. OPERATION AND MAINTENANCE DATA 017823 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 3 - EXECUTION 3.1 MANUAL PREPARATION A. Emergency Manual: Assemble a complete set of emergency information indicating procedures for use by emergency personnel and by Owner's operating personnel for types of emergencies indicated. B. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work. C. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system. D. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable. E. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in Record Drawings to ensure correct illustration of completed installation. 1. Do not use original Project Record Documents as part of operation and maintenance manuals. F. Comply with Division 01 Section "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF SECTION 017823 OPERATION AND MAINTENANCE DATA 017823 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 017839 - PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for Project Record Documents, including the following: 1. Record Drawings. 2. Record Specifications. 3. Record Product Data. B. See Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. C. See Divisions 02 through 49 Sections for specific requirements for Project Record Documents of the Work in those Sections. 1.2 SUBMITTALS A. Record Drawings: Comply with the following: 1. Number of Copies: Submit two set(s) of marked-up Record Prints. 2. Number of Copies: Submit copies of Record Drawings as follows: a. Initial Submittal: Submit one set of corrected Record Transparencies and two set(s) of marked-up Record Prints. Architect will initial and date each transparency and mark whether general scope of changes, additional information recorded, and quality of drafting are acceptable. Architect will return transparencies and prints for organizing into sets, printing, binding, and final submittal. b. Final Submittal: Submit two set(s) of marked-up Record Prints, and the following: 1) Record Transparencies: One set. 2) Copies printed from Record Transparencies: Two. Print each Drawing, whether or not changes and additional information were recorded. 3) Scanned Record Documents: Provide documents in a .pdf format. B. Record Specifications: Submit two copies of Project's Specifications, including addenda and contract modifications. C. Record Product Data: Submit two copies of each Product Data submittal. PROJECT RECORD DOCUMENTS 017839 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 2 - PRODUCTS 2.1 RECORD DRAWINGS A. Record Prints: Maintain one set of blue- or black-line white prints of the Contract Drawings and Shop Drawings. 1. Preparation: Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked-up Record Prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. 2. Mark the Contract Drawings or Shop Drawings, whichever is most capable of showing actual physical conditions, completely and accurately. If Shop Drawings are marked, show cross-reference on the Contract Drawings. 3. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. 4. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. B. Record Transparencies: Immediately before inspection for Certificate of Substantial Completion, review marked-up Record Prints with Architect. When authorized, prepare a full set of corrected transparencies of the Contract Drawings and Shop Drawings. 1. Incorporate changes and additional information previously marked on Record Prints. Erase, redraw, and add details and notations where applicable. 2. Refer instances of uncertainty to Architect for resolution. 3. Owner will furnish Contractor one set of transparencies of the Contract Drawings for use in recording information. 4. Print the Contract Drawings and Shop Drawings for use as Record Transparencies. Architect will make the Contract Drawings available to Contractor's print shop. C. Format: Identify and date each Record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1. Record Prints: Organize Record Prints and newly prepared Record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. 2. Record Transparencies: Organize into unbound sets matching Record Prints. Place transparencies in durable tube-type drawing containers with end caps. Mark end cap of each container with identification. If container does not include a complete set, identify Drawings included. PROJECT RECORD DOCUMENTS 017839 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3. Record CAD Drawings: Organize CAD information into separate electronic files that correspond to each sheet of the Contract Drawings. Name each file with the sheet identification. Include identification in each CAD file. 4. Identification: As follows: a. Project name. b. Date. c. Designation "PROJECT RECORD DRAWINGS." d. Name of Architect. e. Name of Contractor. 2.2 RECORD SPECIFICATIONS A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. 3. Record the name of manufacturer, supplier, Installer, and other information necessary to provide a record of selections made. 4. Note related Change Orders, Record Product Data, and Record Drawings where applicable. 2.3 RECORD PRODUCT DATA A. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. 3. Note related Change Orders, Record Specifications, and Record Drawings where applicable. 2.4 MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. PROJECT RECORD DOCUMENTS 017839 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 3 - EXECUTION 3.1 RECORDING AND MAINTENANCE A. Recording: Maintain one copy of each submittal during the construction period for Project Record Document purposes. Post changes and modifications to Project Record Documents as they occur; do not wait until the end of Project. B. Maintenance of Record Documents and Samples: Store Record Documents and Samples in the field office apart from the Contract Documents used for construction. Do not use Project Record Documents for construction purposes. Maintain Record Documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to Project Record Documents for Architect's reference during normal working hours. END OF SECTION 017839 PROJECT RECORD DOCUMENTS 017839 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 033000-CAST-IN-PLACE CONCRETE PART 1 — GENERAL 1.1 SECTION INCLUDES 1. Concrete formwork. 2. Concrete footings. 3. Concrete reinforcement. 4. Joint devices associated with concrete work. 5. Concrete curing. 1.2 RELATED SECTIONS A. Section 321313 - Portland Cement Concrete Paving: Sidewalks. B. Section 079200 - Joint Sealers. 1.3 REFERENCES A. ACI 211.1 - Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete; American Concrete Institute International; 1991 (Reapproved 2002). B. ACI 301 - Specifications for Structural Concrete for Buildings; American Concrete Institute International; 2005. C. ACI 302.1R - Guide for Concrete Floor and Slab Construction; American Concrete Institute International; 2004. D. ACI 304R - Guide for Measuring, Mixing, Transporting, and Placing Concrete; American Concrete Institute International; 2000. E. ACI 305R - Hot Weather Concreting; American Concrete Institute International; 1999. F. ACI 306R - Cold Weather Concreting; American Concrete Institute International; 1988. G. ACI 308R - Guide to Curing Concrete; American Concrete Institute International; 2001. H. ACI 318 - Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute International; 2005. I. ASTM A 615/A 615M - Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement; 2004b. J. ASTM C 33 - Standard Specification for Concrete Aggregates; 2003 CAST-IN-PLACE CONCRETE 033000 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK K. ASTM C 39/C 39M - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens; 2004a. L. ASTM C 94/C 94M - Standard Specification for Ready-Mixed Concrete; 2004a. M. ASTM C 143/C 143M - Standard Test Method for Slump of Hydraulic-Cement Concrete; 2003. N. ASTM C 150 - Standard Specification for Portland Cement; 2004a O. ASTM C 173/C 173M - Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method; 2001. P. ASTM C 260 - Standard Specification for Air-Entraining Admixtures for Concrete; 2001. Q. ASTM C 309 - Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete; 2003. R. ASTM C 494/C 494M - Standard Specification for Chemical Admixtures for Concrete; 2004. S. ASTM C 685/C 685M - Standard Specification for Concrete Made by Volumetric Batching and Continuous Mixing; 2001. T. ASTM C 881/C 881M - Standard Specification for Epoxy-Resin-Base Bonding Systems for Concrete; 2002. U. ASTM C 1059 - Standard Specification for Latex Agents for Bonding Fresh to Hardened Concrete; 1999. V. ASTM C 1107 - Standard Specification for Packaged Dry, Hydraulic-Cement Grout (Nonshrink); 2002. W. ASTM D 994 - Standard Specification for Preformed Expansion Joint Filler for Concrete (Bituminous Type); 1998 (Reapproved 2003 X. ASTM D 1751 - Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types); 2004. 1. 4 QUALITY ASSURANCE A. Perform work of this section in accordance with ACI 301 and ACI 318. B. Acquire cement from same source and aggregate from same source for entire project. C. Follow recommendations of ACI 305R when concreting during hot weather. CAST-IN-PLACE CONCRETE 033000 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK D. Follow recommendations of ACI 306R when concreting during cold weather. PART 2- PRODUCTS 2. 1 FORMWORK A. Form Materials: Contractor's choice of standard products with sufficient strength to withstand hydrostatic head without distortion in excess of permitted tolerances. 1. Form Facing for Exposed Finish Concrete: Contractor's choice of materials that will provide smooth, stain-free final appearance. 2. Form Facing for Exposed Finish Concrete: Steel; Steel. Fiberglass; MDO plywood 3. Form Coating: Release agent that will not adversely affect concrete or interfere with application of coatings. 4. Form Ties: Removable type, outside of formwork, which will not mar finish of concrete. 2.2 REINFORCEMENT A. ASTM A 615/A 615M Grade 60 (420). 1. Deformed billet-steel bars. 2. Unfinished. B. Joint Dowel Bars: 1. Plain steel bars, ASTM A 615, Grade 60. Cut bars true to length with ends square and free of burrs. C. Reinforcement Accessories: 1. Tie Wire: Annealed, minimum 16 gage. 2. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for adequate support of reinforcement during concrete placement. 2. 3 CONCRETE MATERIALS A. Cement: ASTM C 150, Type I - Normal Portland type. B. Fine and Coarse Aggregates: ASTM C 33. C. Water: Clean and not detrimental to concrete. 2. 4 ACCESSORY MATERIALS A. Reglets: Formed steel sheet, galvanized, with temporary filler to prevent concrete intrusion during placement. CAST-IN-PLACE CONCRETE 033000 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK B. Bonding Agent: ASTM C 1059, Type II acrylic non-redispersable type. C. Epoxy Bonding System: ASTM C 881, type as required by project conditions. D. Non-Shrink Grout: ASTM C 1107; premixed compound consisting of non-metallic aggregate, cement, water reducing and plasticizing agents 1. Minimum Compressive Strength at 28 Days: 7,000 psi. F. Liquid Curing Compound: ASTM C 309, Type 1, clear or translucent. 2.6 BONDING AND JOINTING PRODUCTS A. Joint Filler: Nonextruding, resilient asphalt impregnated fiberboard or felt, 1/2 inch thick and full depth of slab less 1/2 inch; tongue and groove profile. B. Sealant and Primer: As specified in Section 079200. 2.7 CONCRETE MIX DESIGN A. Proportioning Normal Weight Concrete: Comply with ACI 211.1 recommendations. B. Concrete Strength: Establish required average strength for each type of concrete on the basis of trial mixtures, as specified in ACI 301. 1. For trial mixtures method, employ independent testing agency acceptable to Design Consultant for preparing and reporting proposed mix designs. C. Admixtures: Add acceptable admixtures as recommended in ACI 211.1 and at rates recommended by manufacturer. D. Normal Weight Concrete: 1. Compressive Strength, when tested in accordance with ASTM C 39/C 39M at 28 days: 3000 psi. 2. Cement Content: Minimum of 480 pounds of cement per cubic yard. of concrete. 3. Water-Cement Ratio: Maximum 50 percent by weight. 4. Total Air Content: 4 percent, determined in accordance with ASTM C 173/C 173M. 5. Maximum Slump: 51/2 inches. 6. Maximum Aggregate Size: 1-1/2 inch. 2.8 MIXING A. On Project Site: Mix in drum type batch mixer, complying with ASTM C 685. Mix each batch not less than 1-1/2 minutes and not more than 5 minutes. B. Transit Mixers: Comply with ASTM C 94, except as may be modified by the following CAST-IN-PLACE CONCRETE 033000 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Delete references for allowing additional water to be added to batch for material with slump. Addition of water to the batch will not be permitted. 2. During hot weather, or under conditions contributing to rapid setting of concrete, a shorter mixing time than specified in ASTM C 94 may be required. 3. When air temperature is in between 85 degrees F and 90 degrees F, reduce mixing and delivery time from 1-1/2 hours to 75 minutes, and when air temperature is above 90 degrees F, reduce mixing and delivery time to 60 minutes. PART 3- EXECUTION 3.1 EXAMINATION A. Verify lines, levels, and dimensions before proceeding with work of this section. 3.2 PREPARATION A. Formwork: Comply with requirements of ACI 301. Design and fabricate forms to support all applied loads until concrete is cured, and for easy removal without damage to concrete. B. Verify that forms are clean and free of rust before applying release agent. C. Coordinate placement of embedded items with erection of concrete formwork and placement of form accessories. D. Where new concrete is to be bonded to previously placed concrete, prepare existing surface by cleaning with steel brush and applying bonding agent in accordance with manufacturer's instructions. E. In locations where new concrete is doweled to existing work, drill holes in existing concrete, insert steel dowels and pack solid with non-shrink grout. F. Provide chamfer strips on all exposed external corners and edges. 3.3 INSTALLING REINFORCEMENT A. Comply with requirements of ACI 301. Clean reinforcement of loose rust and mill scale, and accurately position, support, and secure in place to achieve not less than minimum concrete coverage required for protection. B. Verify that anchors, seats, plates, reinforcement and other items to be cast into concrete are accurately placed, positioned securely, and will not interfere with concrete placement. CAST-IN-PLACE CONCRETE 033000 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.4 PLACING CONCRETE A. Place concrete in accordance with ACI 304R. B. Notify Design Consultant not less than 24 hours prior to commencement of placement operations. C. Ensure reinforcement; inserts; embedded parts; formed construction joint devices will not be disturbed during concrete placement. D. Separate slabs on grade from vertical surfaces with joint filler. E. Place joint filler in slab pattern placement sequence. Set top to required elevations. Secure to resist movement by wet concrete. F. Extend joint filler from bottom of slab to within 1/2 inch of finished slab surface. Conform to Section 079200 for finish joint sealer requirements. G. Install joint devices in accordance with manufacturer's instructions. H. Install construction joint devices in coordination with floor slab pattern placement sequence. Set top to required elevations. Secure to resist movement by wet concrete. I. Apply sealants in joint devices in accordance with Section 079200. J. Place concrete continuously between predetermined expansion, control, and construction joints. K. Do not interrupt successive placement; do not permit cold joints to occur. L. Place slabs in saw cut pattern indicated. M. Saw cut joints within 24 hours after placing. Use 3/16 inch thick blade, cut into 1/4 depth of slab thickness. N. Screed slabs on grade level, maintaining surface flatness of maximum 1/4 inch in 10 ft. 3.5 CONCRETE FINISHING A. Repair surface defects, including tie holes, immediately after removing formwork. B. Unexposed Form Finish: Rub down or chip off fins or other raised areas 1/4 inch or more in height. C. Exposed Form Finish: Rub down or chip off and smooth fins or other raised areas 1/16 inch or more in height. Provide a medium broom finish. CAST-IN-PLACE CONCRETE 033000- 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.6 CURING AND PROTECTION A. Comply with requirements of ACI 308. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures, and mechanical injury. B. Maintain concrete with minimal moisture loss at relatively constant temperature for period necessary for hydration of cement and hardening of concrete. 1. Normal concrete: Not less than 7 days. 2. High early strength concrete: Not less than 4 days. C. Formed Surfaces: Cure by moist curing with forms in place for full curing period. D. Surfaces Not in Contact with Forms: 1. Start initial curing as soon as free water has disappeared and before surface is dry. Keep continuously moist for not less than three days by water ponding, water-saturated sand, water-fog spray, or saturated burlap. 2. Begin final curing after initial curing but before surface is dry. a. Moisture-retaining cover: Seal in place with waterproof tape or adhesive. b. Curing compound: Apply in two coats at right angles, using application rate recommended by manufacturer. 3.7 FIELD QUALITY CONTROL A. An independent testing agency will perform field quality control tests, as specified in Section 01400. B. Provide free access to concrete operations at project site and cooperate with appointed firm. C. Submit proposed mix design to testing firm for review prior to commencement of concrete operations. D. Tests of concrete and concrete materials may be performed at any time to ensure conformance with specified requirements. E. Compressive Strength Tests: ASTM C 39/C 39M. For each test, mold and cure three concrete test cylinders. Obtain test samples for every 75 cu yd or less of concrete placed. F. Perform one slump test for each set of test cylinders taken, following procedures of ASTM C 143/C 143M. CAST-IN-PLACE CONCRETE 033000 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.8 DEFECTIVE CONCRETE A. Test Results: The testing agency shall report test results in writing to Design Consultant and Contractor within 24 hours of test. B. Defective Concrete: Concrete not conforming to required lines, details, dimensions, tolerances or specified requirements. C. Repair or replacement of defective concrete will be determined by the Design Consultant. The cost of additional testing shall be borne by Contractor when defective concrete is identified. D. Do not patch, fill, touch-up, repair, or replace exposed concrete except upon express direction of Design Consultant for each individual area. END OF SECTION CAST-IN-PLACE CONCRETE 033000 - 8 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 079200 - JOINT SEALERS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Sealants and joint backing 1.2 REFERENCES A. ASTM C 920 - Standard Specification for Elastomeric Joint Sealants; 2002. B. ASTM C 1193 - Standard Guide for Use of Joint Sealants; 2005. C. ASTM D 1056 - Standard Specification for Flexible Cellular Materials--Sponge or Expanded Rubber; 2000. D. ASTM D 1667 - Standard Specification for Flexible Cellular Materials--Vinyl Chloride Polymers and Copolymers (Closed-Cell Foam); 1997. E. BAAQMD 8-51 - Bay Area Air Quality Management District Regulation 8, Rule 51, Adhesive and Sealant Products; www.baagmd.gov; current edition. F. SCAQMD 1168 - South Coast Air Quality Management District Rule No.1168; current edition; www.aqmd.gov. 1.3 SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Product Data: Provide data indicating sealant chemical characteristics. C. Samples: Submit two samples, 1x1 inch in size illustrating sealant colors for selection. 1.4 ENVIRONMENTAL REQUIREMENTS A. Maintain temperature and humidity recommended by the sealant manufacturer during and after installation. 1.5 COORDINATION A. Coordinate the work with all sections referencing this section. JOINT SEALERS 079200 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 2- PRODUCTS 2.1 MANUFACTURERS A. Polyurethane Sealants: 1. Bostik, Inc: www.bostik-us.com. 2. Pecora Corporation: www.pecora.com. 3. Degussa Building Systems/Sonneborn: www.chemrex.com. 4. Tremco, Inc. 2.2 SEALANTS A. Sealants and Primers - General: Provide only products having lower volatile organic compound (VOC) content than required by the more stringent of the South Coast Air Quality Management District Rule No.1168 and the Bay Area Air Quality Management District Regulation 8, Rule 51. B. Type GPX - General Purpose Exterior Sealant: Polyurethane; ASTM C 920, Grade NS, Class 25, Uses M, G, and A; single component. 1. Color: match paving 2. Applications: Use for: a. Joints between concrete and other materials. C. Concrete Paving Joint Sealant: Polyurethane, self-leveling; ASTM C 920, Class 25, Uses T, I, M and A; single component. 1. Color: match paving 2. Applications: Use for: a. Joints in sidewalks and vehicular paving. 2.3 ACCESSORIES A. Joint Cleaner: Non-corrosive and non-staining type, recommended by sealant manufacturer; compatible with joint forming materials. B. Joint Backing: Round foam rod compatible with sealant; ASTM D 1056, sponge or expanded rubber; oversized 30 to 50 percent larger than joint width. C. Bond Breaker: Pressure sensitive tape recommended by sealant manufacturer to suit application. JOINT SEALERS 079200 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 3- EXECUTION 3.1 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. 3.2 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 section from damage or disfigurement. 3.3 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 width-to-depth ratio, neck dimension, and surface bond area as recommended by manufacturer. 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 concave. H. Precompressed Foam Sealant: Do not stretch; avoid joints except at corners, ends, and intersections; install with face 1/8 to 1/4 inch below adjoining surface. 3.4 CLEANING A. Clean adjacent soiled surfaces. 3.5 PROTECTION OF FINISHED WORK A. Protect sealants until cured. END OF SECTION 079200 JOINT SEALERS 079200 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 116816 - PLAYGROUND EQUIPMENT PART 1- GENERAL 1.1 SUMMARY 1. Playground layout (staking). 2. Concrete footings for playground equipment. 3. Playground equipment. 4. Location of each item of playground equipment is indicated on the drawings. 1.2 RELATED SECTIONS A. Section 310000- Earthwork: Shaping subgrade to specified grade levels; removal of excess soil and rocks. B. Section 321313 - Portland Cement Concrete Paving: Footings for playground equipment. C. Section 321816 - Playground Protective Surfacing: Protective surfacing in playground area. D. Section 033000 - Cast-in-Place Concrete: Footings for playground equipment. 1.3 REFERENCES A ASTM A 123/A 123M - Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products; 2002. B. ASTM A 135 - Standard Specification for Electric-Resistance-Welded Steel Pipe; 2005. C. ASTM A 500 - Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes; 2003a. D. ASTM A 513 - Standard Specification for Electric-Welded-Welded Carbon and Alloy Steel Mechanical Tubing; 2000. E. ASTM B 26/B 26M - Standard Specification for Aluminum-Alloy Sand Castings; 2003. F. ASTM B 108 - Standard Specification for Aluminum-Alloy Permanent Mold Castings; 2003a. G. ASTM B 179 - Standard Specification for Aluminum Alloys in Ingot and Molten Forms for Castings from All Casting Processes; 2003. PLAYGROUND EQUIPMENT 116816 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK H. ASTM B 221 - Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes; 2004a. I. ASTM B 221M - Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes (Metric); 2004. J. ASTM C 94/C 94M - Specification for Ready-Mixed Concrete; 2004a. K. ASTM D 648 - Standard Test Method for Deflection Temperature of Plastics Under Flexural Load in the Edgewise Position; 2004. L. ASTM D 3363 - Test Method for Film Hardness by Pencil Test; 2005. M. ASTM D 6662 - Standard Specification for Polyolefin-Based Plastic Lumber Decking Boards; 2001. N. ASTM F 1292 - Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment; 2004. O. ASTM F 1487 - Standard Consumer Safety Performance Specification for Playground Equipment for Public Use; 2001. P. AWPA U1 - Use Category System: User Specification for Treated Wood; American Wood-Preservers' Association; 2005. Q. CPSC Pub. No. 325 - Handbook for Public Playground Safety; Consumer Products Safety Commission; 1997. 1.4 DEFINITIONS A. Play Event: A piece of playground equipment that supports one or more play activities. B. Use Zone: The area under and around a play event within which the ground surfacing must meet fall impact attenuation requirements of ASTM F1292 when tested at the fall height specified for the play event. C. Fall Height: The vertical distance between the finished elevation of the designated play surface and the finished elevation of the protective surfacing beneath it, as defined in ASTM F 1487. D. Protective Surfacing: Resilient ground surfacing; specified in Section 321816 - Playground Surfacing. The characteristics of the protective surfacing are based on the fall height of the playground equipment. Changes in either the surfacing or the fall height, particularly reducing the resilience of the protective surfacing or increasing the fall height, will reduce safety-related performance. PLAYGROUND EQUIPMENT 116816 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK E. Subgrade: The surface of the ground on which the protective surfacing is installed. 1.5 SUBMITTALS A. See Section 01300 -Administrative Requirements, for submittal procedures. B. Proposals for Substitutions: Substitutions will not be considered C. Product Data: For all manufactured equipment, provide manufacturer's product data showing materials of construction, compliance with specified standards, installation procedures, safety limitations, and the number of users permitted. 1. Certifications: Provide International Play Equipment Manufacturers Association (IPEMA) certification that product complies with ASTM F 1487, excluding section 10 and 12.6.1. D. Shop Drawings: Detailed scale drawings showing play event layout, Use Zone perimeters, and fall height for each play event. 1. Show locations and dimensions of footings and anchorage points. 2. Clearly identify mounting elevations in relation to a fixed survey point on site and to subgrade elevation and depth of protective surfacing. 3. Show locations of underground utilities, storm drainage system and irrigation system. 4. Show locations of related construction such as walkways and roadways, fences, site furnishings, and plantings. F. Samples: For each item for which color must be selected provide color chart showing full range of colors and finishes. G. Maintenance Data: 1. Provide manufacturer's recommended maintenance instructions and list of replaceable parts for each equipment item, with address and phone number of source of supply. 2. Materials: Provide touch-up/maintenance kit including paint and fasteners (nuts and bolts) of 5 of each type utilized. H. Manufacturer's Field Report. I. Warranty: Submit manufacturer warranty and ensure that forms have been completed in Owner's name and registered with manufacturer. PLAYGROUND EQUIPMENT 116816 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1.6 QUALITY ASSURANCE A. Maintain one copy of the latest edition of ASTM F 1487 and CPSC Pub. No.325 at project site. B. Manufacturer Qualifications: Company regularly engaged in manufacturing materials and products specified in this section, with not less than three years of experience. 1. Provide documentation showing that playground equipment similar to that specified has been installed in minimum 10 sites and been in successful service for minimum of 5 years; provide addresses. 2. Provide certificate of Insurance AA rated for minimum 1,000,000 dollars covering both product and general liability. 3. Manufacturer's Representative: Provide name, company name and address, and playground safety training certificate. C. Installer Qualifications: Company certified by manufacturer for training and experience installing play events and equipment for a minimum 10 installations of similar complexity. 1.7 PRE-INSTALLATION MEETING A. Convene a meeting one week before starting earthwork for playground to discuss coordination between various installers. 1. Require attendance by personnel responsible for grading and installers of playground equipment, protective surfacing, footings, and adjacent work. 2. Include representatives of Contractor. 3. Include equipment manufacturer's field representative. 4. Notify Design Consultant at least 2 weeks prior to meeting. 1.8 DELIVERY, STORAGE, AND PROTECTION A. Deliver, handle, and store equipment to project site in accordance with manufacturer's recommendations. B. Store materials in a dry, covered area, elevated above grade 1.9 WARRANTY A. See Section 01780 - Closeout Submittals, for additional warranty requirements. B. Provide minimum 1 year warranty for playground equipment on all materials and workmanship. PLAYGROUND EQUIPMENT 116816 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 2- PRODUCTS 2.1 MANUFACTURERS A. Playground Equipment: 1. Kraftsman Commercial Playground and WaterParks, Contact David Ondrias (361) 563-5575 2. Miracle Recreation Equipment Co., Contact Jeff Bratton (281) 288-1412 2.2 PLAYGROUND EQUIPMENT— GENERAL A. Design Assumptions: Because the safety of the playground depends on strict conformance to the design criteria, this information is provided for Contractor's information. 1. Playscapes are designed for children ages 5 through 12; 2 through 12. 2. Age appropriate playscapes vary with each Park. Refer to drawings for playscape locations. 3. If deviations from specified dimensions, especially fall heights, is required, obtain approval prior to proceeding; follow approval request procedure as specified for substitutions. B. Mount all equipment on concrete footings, unless otherwise indicated. 1. The playground protective surfacing constitutes a resilient layer installed over a subbase (non-resilient) which is installed over the subgrade; the top of footings and anchorage devices is to be covered by full depth of the resilient portion of the protective surfacing. 2. The playground protective surfacing constitutes a resilient layer installed over the subgrade; the top of footings and anchorage devices are to be located below the surface of the subgrade. 3. Protective Surfacing Depth: See Section 321816. 4. Provide supports as required to mount equipment at proper height above finish and sub-grades to allow installation of sufficient depth of protective surfacing; portion of support below top of surfacing must comply with specified requirements for equipment. 5. Paint the portion of the support that is intended to be installed below the top surface of the protective surfacing a different color, or mark in other permanent way, so that installers and maintainers of protective surfacing can easily determine whether sufficient depth has been installed. C. Label each equipment item with permanent labels stating age group that equipment was designed for, manufacturer identification, and warning labels in accordance with ASTM F 1487. PLAYGROUND EQUIPMENT 116816 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2.3 APPROVED EQUAL PLAYGROUND EQUIPMENT PER PARK A. Griffing Park: (age appropriate: 2-12yrs) 1. Adventure Play Unit Model Number PS3-GP050715-01 H manufactured by SRP/Playland, Colors to be selected by owner. Distributed by Kraftsman Playgrounds, contact David Ondrias (361) 563-5575. 2. Unit Model Number 714-S429J, Colors to be selected by owner. Distributed by Miracle, contact Jeff Bratton (281) 288-1412 B. Hermann Park: (age appropriate: 5-12yrs) 1. Expedition Play Unit Model Number PS5-HP050715-01 H manufactured by SRP/Playland, Colors to be selected by owner. Distributed by Kraftsman Playgrounds, contact David Ondrias (361) 563-5575. 2. Unit Model Number 714-S366J, Colors to be selected by owner. Distributed by Miracle, contact Jeff Bratton (281) 288-1412 C. Rose Hill Park: (age appropriate: 2-12yrs) 1. Xccent Playscape, Model Number TR-0416. Color: purple decks, blue posts and green fittings scheme. Distributed by Kraftsman Playgrounds, contact David Ondrias (361) 563-5575 2. Unit Model Number PS3-31907 manufactured by SRP/Playland, Colors to be selected by owner. Distributed by Kraftsman Playgrounds, contact David Ondrias (361) 563-5575. 3. TC Modular Play Structure: PS3-12152-2. Modified to 2-12 age appropriate. Reference Drawing #3289. Colors to be selected by owner. Distributed by Miracle, contact Jeff Bratton (281) 288-1412. PART 3 EXECUTION 3.1 LAYING OUT THE WORK A. The circular use zones indicated on plans are schematic in nature. It is the contractor's responsibility to adjust the size of the fall zone according to the playscape submitted at the time of bid. B. Stake the location of all playground elements and entire use zone perimeter before starting any work and before subbase under resilient surfacing is laid. 1. Verify that use zone perimeters meet the playscape being installed and not overlapping hard surfaces, whether currently installed or not. 2. Verify that use zones are free of obstructions that would extend into the resilient portion of the protective surfacing. 3. If conflicts or obstructions exist, notify design consultant. 4. Do not proceed until revised drawings have been provided, showing corrected layout, and obstructions have been removed. 3.2 EXAMINATION A. Verify that playground area has been graded to subgrade elevations required and that PLAYGROUND EQUIPMENT 116816 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK excess soil, rocks, and debris have been removed. D. Verify that playground equipment footings have been installed in proper locations and at proper elevations E. Verify location of underground utilities and facilities in the playground area. Damage to underground utilities and facilities will be repaired at Contractor's expense. 3.3 INSTALLATION A. Coordinate work with preparation for and installation of protective surfacing specified in Section 321816. The resilient portion of the protective surfacing is to be installed after playground equipment installation. B. Install concrete footings with top surface a minimum of 1/2 inch below required subgrade elevation. C. Install in accordance with CPSC Pub. No. 325, ASTM F 1487, manufacturer's instructions, and requirements of authorities having jurisdiction. D. Anchor equipment securely below the bottom elevation of the resilient surfacing layer. E. Install without sharp points, edges, or protrusions; entanglement hazards; or pinch, crush, or shear points F. Do not modify play events on site without written approval of manufacturer. G. Install required signage if not factory-installed. 3.4 FIELD QUALITY CONTROL A. Obtain the services of the equipment manufacturer's field representative to review the finished installation for compliance with specified requirements and with design criteria to the extent known to the Contractor; submit report of field review. B. Repair or replace rejected work until compliance is achieved. 3.5 CLEANING AND PROTECTION A. Restore adjacent existing areas that have been damaged from the construction. B. Clean playground equipment of construction materials, dirt, stains, filings, and blemishes due to shipment or installation. Clean in accordance with manufacturer's instructions, using cleaning agents as recommended by manufacturer. C. Clean playground area of excess construction materials, debris, and waste. D. Remove excess and waste material and dispose of off-site in accordance with PLAYGROUND EQUIPMENT 116816 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK requirements of authorities having jurisdiction. E. Protect installed products until Substantial Completion. F. Replace damaged products before Substantial Completion. END OF SECTION 116816 PLAYGROUND EQUIPMENT 116816 - 8 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 129300 - SITE FURNISHINGS PART 1 —GENERAL 1.1 DESCRIPTION: A. Site furnishings include picnic units, benches and trash receptacles. B. Extent of these items is indicated herein. C. Factory finishing of furnishings is specified in this section. 1.2 RELATED WORK: A. Painting and special coatings are specified herein. 1.3 QUALITY ASSURANCE: A. Provide each type of site furnishing as a complete unit produced by a single manufacturer, including necessary mounting accessories, fittings, and fastenings. 1.4 SUBMITTALS: A. Submit shop drawings for fabrication and erection of site furnishings. Include plans, elevations, and large scale details. Show anchorages and accessory items. Provide location template drawings for items supported or anchored to permanent construction. B. Submit manufacturer's specifications and installation instructions for materials required. C. Submit one full-size sample of each type of unit required. Approved samples may be installed on the project. D. Submit plan showing location of each piece of site furniture. 1.5 DELIVERY, STORAGE, AND HANDLING: A. Do not deliver units until construction is ready for their installation. Protect units from damage during delivery, storage, handling, and installation. SITE FURNISHINGS 129300 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 2 — PRODUCTS 2.1 MATERIALS: A. Bench: Surface mounted, 6' long black Poly Vinyl Coated B6WB Classic bench with back. Manufactured by: Webcoat Products 1-800-505-5101. (or approved equal.) B. ADA Picnic Table: Surface mounted, T46weboctroll-3sm, 46" octagonal web style 3 seat rolled seat pedestal table. Manufactured by:Webcoat Products 1-800-505-5101.Color to be selected by Client from manufacturer' standard color chart. (or approved equal.) C. Trash Receptacle: Surfaced mounted, TR32metro 32 gallon steel ribbed trash receptacle with hinge door. Coated with ultraviolet stabilized black matte polyethylene coating. Manufactured by: Webcoat Products 1-800-505-5101. (or approved equal.) PART 3— EXECUTION 3.1 INSTALLATION: A. Install site furnishings and related accessories at locations shown in accordance with the manufacturer's instructions. Provide clips, grounds, backing materials, brackets and anchors, trim, and accessories necessary for a compete installation. 3.2 ADJUST AND CLEAN: A. Touch up marred finishes but replace units that cannot be restored to factory-finished appearance. Use only materials and procedures recommended by the manufacturer. END OF SECTION SITE FURNISHINGS 129300 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 133423 - SHELTERS PART 1- GENERAL 1.1 SECTION INCLUDES: A. Prefabricated shelters for: 1. Park shelters. 1.2 RELATED SECTIONS A. Section 310000 - Earthwork. B. Section 033000 - Cast-In-Place Concrete. 1. 3 REFERENCES A. ASTM A 36/A 36M - Standard Specification for Carbon Structural Steel; 2005. B. ASTM A 48/A 48M - Standard Specification for Gray Iron Castings; 2003. C. ASTM A 307 - Standard Specification for Carbon Steel Bolts and Studs, 60 000 PSI Tensile Strength; 2004. D. ASTM A 500 - Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes; 2003a. E. ASTM A 501 - Standard Specification for Hot-Formed Welded and Seamless Carbon Steel Structural Tubing; 2001. F. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2004a. G. SSPC-SP 10 - Near-White Blast Cleaning; Society for Protective Coatings; 2000 (Ed. 2004). H. American Institute of Steel Construction (AISC). I. American Iron and Steel Institute (AISI) Specifications for Cold Formed Members. J. American Society of Testing of Materials (ASTM). K. American Welding Society (AWS). L. OSHA Steel Erection Standard 29 CFR 1926.750 Part R. M. Steel Structures Painting Council (SSPC-SP2) as outlined in AISC 6.5. SHELTERS 133423 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1.4 SYSTEM DESCRIPTION A. Design Loads: Meet current IBC and standards for wind loads for the Port Arthur area. B. Column to footing connection in compliance with OSHA Steel Erection Standard 29 CFR 1926.750 Part R. C. Design Method; per applicable building code. Note: Manufacturer to use three- dimensional structural analysis to determine member load and forces. D. The pre-engineered package shall be shipped as a pre-cut and pre-fabricated package that shall include the structural frame members, roof material, fasteners, and trim as well as the installation instructions. The structure shall be shipped knocked down for minimum shipping charges. Field labor will be kept to a minimum by pre-manufactured parts. No on-site welding shall be permitted. Connection bolts shall be concealed within the tubing where possible. 1.5 SUBMITTALS A. See Section 01300 -Administrative Requirements, for submittal procedures. B. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Preparation instructions and recommendations. 2. Storage and handling requirements and recommendations. 3. Installation methods. C. Selection Samples: Two complete color charts representing manufacturer's full range of available colors. D. Samples: If requested, submit samples of column collars and fittings. E. Shop Drawings: Complete erection drawings, showing layout, shop and field connections, column base details, and footing loads. 1. Include location diagram for anchor bolts to be embedded in concrete by others, specifying maximum variation from plan location. 2. Shop drawings and calculations signed and sealed by design engineer. a. Structural calculations shall showing compliance with the current building code and live load and wind speed design standard. 3. Footing design. F. Submit 6 sets shop drawings and 2 sets structural calculations signed and sealed by a Professional Engineer licensed in the State of Texas. 1.6 QUALITY ASSURANCE: Provide evidence of commitment of quality craftsmanship as demonstrated by the following: SHELTERS 133423 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK A. Design Engineer: Provide design by a professional engineer licensed in Texas. 1. Owner will furnish geotechnical report showing soils analysis for site. B. Manufacturer Qualifications: Firm with at least 5 years experience in design and manufacture of pre-engineered shelters. 1.7 DELIVERY, STORAGE, AND HANDLING A. Coordinate delivery requirements with Owner and other installers. B. Store products in manner to prevent damage prior to installation. C. Where products need to be stored outdoors, store off the ground and place so that water will drain PART 2 PRODUCTS 2.1 MANUFACTURERS A. 16-foot Hexagonal Duo-Top, Double Tier Steel Shelter, Product Number 8016DP; 4:12 roof; 24 ga. R-panel, standard pre-cut metal roof. Distributed by Kraftsman Playgrounds, contact David Ondrias (361) 563-5575. 2.2 APPLICATIONS A. Shelters: Pre-engineered, prefabricated all-steel shelters; column, beam, and purlin structure, with steel roof panels, all flashing, trim, accessories, and fasteners required for a complete installation. 1. Configuration: As shown on drawings. 2. Design to comply with applicable building code. 3. Design to withstand design wind load of 120 mph without damage. Contractor shall provide Texas Windstorm inspection certification for shelter. 4. Design so that moisture does not accumulate in concealed spaces. 5. Columns: Round steel tubing. 6. Decorative Collars: Solid cast steel. 7. Beams and Purlins: Rectangular steel tubing. 8. Purlins: Set in prefabricated saddles. 9. Roof Hips and Ridges: Matching covers. 10. Field Connections: Bolted, except welded at purlins and covers; fasteners concealed from view including on underside of roof. 11. Provide anchor bolts to be embedded in concrete. B. Colors: 1. Columns and Other Structural Members: selected by owner. 2. Column Collars: selected by owner. 3. Roof-Top Side: selected by owner. 4. Roof- Bottom Side: selected by owner. SHELTERS 133423 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2.3 MATERIALS A. Roof and Wall Panels, Flashing, and Trim: Galvanized steel sheet, ASTM A 653/A 653M, hot-dipped galvanized to G90/Z275, minimum 20 gauge thickness; panels corrugated to "Denver" profile. B. Steel Tubing: ASTM A 500 or ASTM A 501. C. Steel Shapes: ASTM A 36/A 36M. D. Column Collars: ASTM A 48/A 48M cast iron or steel. E. Bolts: ASTM A 307, unless otherwise indicated. F. Finish: Factory-applied. 1. Columns and Other Structural Framing: Cleaned and prepared to SSPC-SP 10. 2. Roof Panels: Conversion coating. 3. Primer: Devoe Catha-Coat Reinforced Inorganic Zinc. 4. Top Coat: Devoe Paints Catalyzed Aliphatic-Urethane, or equivalent. PART 3 EXECUTION 3.1 EXAMINATION A. Do not begin installation until substrates have been properly prepared. B. If substrate preparation is the responsibility of another installer, notify Design Consultant of unsatisfactory preparation before proceeding. 3.2 PREPARATION A. Coordinate installation of embedded anchors and plates so that locations will be within required tolerances. B. Clean surfaces thoroughly prior to installation. C. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. 3.3 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Install straight, level, plumb, and true, without offset in plane between adjacent members. SHELTERS 133423 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.4 PROTECTION A. Protect installed products until completion of project. B. Touch-up, repair or replace damaged products before Substantial Completion. END OF SECTION SHELTERS 133423 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 260519 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Building wires and cables rated 600 V and less. 2. Connectors, splices, and terminations rated 600 V and less. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Field quality-control test reports. 1.3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. PART 2 - PRODUCTS 2.1 CONDUCTORS AND CABLES A. Copper Conductors: Comply with NEMA WC 70. B. Conductor Insulation: Comply with NEMA WC 70 for Types THHN-THWN, 2.2 CONNECTORS AND SPLICES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. AFC Cable Systems, Inc. 2. Hubbell Power Systems, Inc. 3. O-Z/Gedney; EGS Electrical Group LLC. 4. 3M; Electrical Products Division. 5. Tyco Electronics Corp. B. Description: Factory-fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 3 - EXECUTION 3.1 CONDUCTOR MATERIAL APPLICATIONS A. Feeders: Copper, stranded. B. Branch Circuits: Copper. Solid for No. 12 AWG and smaller; stranded for No. 10 AWG and larger. 3.2 CONDUCTOR INSULATION AND MULTICONDUCTOR CABLE APPLICATIONS AND WIRING METHODS A. Service Entrance and Feeders: Type THHN-THWN, single conductors in raceway. B. Exposed and Concealed Branch Circuits: Type THHN-THWN, single conductors in raceway. 3.3 INSTALLATION OF CONDUCTORS A. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. B. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips, that will not damage cables or raceway. C. Identify and color-code conductors and cables according to Division 26 Section "Identification for Electrical Systems." D. Tighten electrical connectors and terminals according to manufacturer's published torque-tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. E. Make splices and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. F. Wiring at Outlets: Install conductor at each outlet, with at least 12 inches of slack. 3.4 FIELD QUALITY CONTROL A. Perform tests and inspections and prepare test reports. B. Tests and Inspections: 1. After installing conductors and cables and before electrical circuitry has been energized, test service entrance and feeder conductors for compliance with requirements. 2. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK C. Test Reports: Prepare a written report to record the following: 1. Test procedures used. 2. Test results that comply with requirements. 3. Test results that do not comply with requirements and corrective action taken to achieve compliance with requirements. D. Remove and replace malfunctioning units and retest as specified above. END OF SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 260526 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes methods and materials for grounding systems and equipment. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Field quality-control test reports. 1.3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with UL 467 for grounding and bonding materials and equipment. PART 2 - PRODUCTS 2.1 CONDUCTORS A. Insulated Conductors: Copper wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction. B. Bare Copper Conductors: 1. Solid Conductors: ASTM B 3. 2. Stranded Conductors: ASTM B 8. 2.2 CONNECTORS A. Listed and labeled by a nationally recognized testing laboratory acceptable to authorities having jurisdiction for applications in which used, and for specific types, sizes, and combinations of conductors and other items connected. B. Bolted Connectors for Conductors and Pipes: Copper or copper alloy, bolted pressure- type, with at least two bolts. C. Welded Connectors: Exothermic-welding kits of types recommended by kit manufacturer for materials being joined and installation conditions. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2.3 GROUNDING ELECTRODES A. Ground Rods: Copper-clad; 3/4 inch in diameter by10 feet long. B. Ground Rods at exterior lighting poles: 5/8 inch in diameter by 8 feet long. PART 3 - EXECUTION 3.1 APPLICATIONS A. Conductors: Install solid conductor for No. 8 AWG and smaller, and stranded conductors for No. 6 AWG and larger, unless otherwise indicated. B. Conductor Terminations and Connections: 1. Underground Connections: Welded connectors, except at test wells and as otherwise indicated. 2. Connections to Ground Rods at Test Wells: Bolted connectors. 3. Connections to Lighting Poles: Bolted connectors. 3.2 EQUIPMENT GROUNDING A. Install insulated equipment grounding conductors with the following items, in addition to those required by NFPA 70: 1. Feeders and branch circuits. 2. Lighting circuits. 3. Receptacle circuits. 3.3 INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible, unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. B. Ground Rods: Drive rods until tops are 2 inches below finished floor or final grade, unless otherwise indicated. 1. Interconnect ground rods with grounding electrode conductor below grade and as otherwise indicated. Make connections without exposing steel or damaging coating, if any. C. Bonding Straps and Jumpers: Install in locations accessible for inspection and maintenance, except where routed through short lengths of conduit. 1. Bonding to Structure: Bond straps directly to basic structure, taking care not to penetrate any adjacent parts. 2. Bonding to Equipment Mounted on Vibration Isolation Hangers and Supports: Install so vibration is not transmitted to rigidly mounted equipment. 3. Use exothermic-welded connectors for outdoor locations, but if a disconnect-type connection is required, use a bolted clamp. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.4 FIELD QUALITY CONTROL A. Perform the following tests and inspections and prepare test reports: 1. After installing grounding system but before permanent electrical circuits have been energized, test for compliance with requirements. 2. Test completed grounding system at each location where a maximum ground- resistance level is specified, at service disconnect enclosure grounding terminal, and at ground test wells. a. Measure ground resistance not less than two full days after last trace of precipitation and without soil being moistened by any means other than natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. b. Perform tests by fall-of-potential method according to IEEE 81. B. Report measured ground resistances that exceed the following values: 1. Power and Lighting Equipment or System with Capacity 500 kVA and Less: 10 ohms. C. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Architect promptly and include recommendations to reduce ground resistance. END OF SECTION 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 260533 - RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes raceways, fittings, boxes, enclosures, and cabinets for electrical wiring. 1.2 SUBMITTALS A. Product Data: For surface raceways, wireways and fittings, floor boxes, hinged-cover enclosures, and cabinets. B. Shop Drawings: For custom enclosures and cabinets. Include plans, elevations, sections, details, and attachments to other work. 1.3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. PART 2 - PRODUCTS 2.1 METAL CONDUIT AND TUBING A. Rigid Steel Conduit: ANSI C80.1. B. LFMC: Flexible steel conduit with PVC jacket. C. Fittings for Conduit (Including all Types and Flexible and Liquidtight), EMT, and Cable: NEMA FB 1; listed for type and size raceway with which used, and for application and environment in which installed. 2.2 NONMETALLIC CONDUIT AND TUBING A. RNC: NEMA TC 2, Type EPC-40-PVC, unless otherwise indicated. B. Fittings for RNC: NEMA TC 3; match to conduit or tubing type and material. 2.3 BOXES AND ENCLOSURES A. Cast-Metal Outlet and Device Boxes: NEMA FB 1, ferrous alloy, Type FD, with gasketed cover. B. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1. C. Cast-Metal Access, Pull, and Junction Boxes: NEMA FB 1, galvanized, cast iron with gasketed cover. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK D. Hinged-Cover Enclosures: NEMA 250, Type 4, with continuous-hinge cover and backplate, unless otherwise indicated. 1. Metal Enclosures: Stainless Steel. PART 3 - EXECUTION 3.1 RACEWAY APPLICATION A. Outdoors: Apply raceway products as specified below, unless otherwise indicated: 1. Exposed Conduit: Rigid steel conduit. 2. Concealed Conduit, Aboveground: Rigid steel conduit. 3. Underground Conduit: RNC, Type EPC-40 -PVC, direct buried, unless otherwise noted. 4. Boxes and Enclosures, Aboveground: NEMA 250, Type 4. B. Minimum Raceway Size: 3/4-inch trade size and 1-inch trade size underground, unless otherwise noted. C. Raceway Fittings: Compatible with raceways and suitable for use and location. 1. Rigid Steel Conduit: Use threaded rigid steel conduit fittings, unless otherwise indicated. 3.2 INSTALLATION A. Comply with NECA 1 for installation requirements applicable to products specified in Part 2 except where requirements on Drawings or in this Article are stricter. B. Complete raceway installation before starting conductor installation. C. Support raceways as specified in Division 26 Section "Hangers and Supports for Electrical Systems." D. Arrange stub-ups so curved portions of bends are not visible above the finished slab. E. Install no more than the equivalent of three 90-degree bends in any conduit run except for communications conduits, for which fewer bends are allowed. F. Raceways Embedded in Slabs: 1. No raceway may be embedded in slabs. G. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb tensile strength. Leave at least 24 inches of slack at each end of pull wire. END OF SECTION 260533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 262416 - PANELBOARDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes lighting and appliance branch-circuit panelboards. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: For each panelboard and related equipment. 1. Include dimensioned plans, elevations, sections, and details. Show tabulations of installed devices, equipment features, and ratings. 2. Detail enclosure types and details for types other than NEMA 250, Type 1. 3. Detail bus configuration, current, and voltage ratings. 4. Short-circuit current rating of panelboards and overcurrent protective devices. 5. Detail features, characteristics, ratings, and factory settings of individual overcurrent protective devices and auxiliary components. 6. Include wiring diagrams for power, signal, and control wiring. 7. Include time-current coordination curves for each type and rating of overcurrent protective device included in panelboards. C. Field quality-control reports. D. Panelboard schedules for installation in panelboards. E. Operation and maintenance data. 1.3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with NEMA PB 1. C. Comply with NFPA 70. 1.4 WARRANTY A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace transient voltage suppression devices that fail in materials or workmanship within specified warranty period. 1. Warranty Period: Five years from date of Substantial Completion. PANELBOARDS 262416 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK PART 2 - PRODUCTS 2.1 GENERAL REQUIREMENTS FOR PANELBOARDS A. Enclosures: Flush- and surface-mounted cabinets. 1. Rated for environmental conditions at installed location. a. Outdoor Locations: NEMA 250, Type 3R. 2. Hinged Front Cover: Entire front trim hinged to box and with standard door within hinged trim cover. 3. Directory Card: Inside panelboard door, mounted in transparent card holder. B. Incoming Mains Location: Top and bottom. C. Phase, Neutral, and Ground Buses: Hard-drawn copper, 98 percent conductivity. D. Conductor Connectors: Suitable for use with conductor material and sizes. 1. Material: Hard-drawn copper, 98 percent conductivity. 2. Main and Neutral Lugs: Mechanical type. 3. Ground Lugs and Bus Configured Terminators: Mechanical type. 4. Feed-Through Lugs: Mechanical type, suitable for use with conductor material. Locate at opposite end of bus from incoming lugs or main device. 5. Subfeed (Double) Lugs: Mechanical type suitable for use with conductor material. Locate at same end of bus as incoming lugs or main device. E. Future Devices: Mounting brackets, bus connections, filler plates, and necessary appurtenances required for future installation of devices. F. Panelboard Short-Circuit Current Rating: Fully rated to interrupt symmetrical short- circuit current available at terminals. 2.2 LIGHTING AND APPLIANCE BRANCH-CIRCUIT PANELBOARDS A. Manufacturers: Subject to compliance with requirements, [provide products by one of the following: 1. Eaton Electrical Inc.; Cutler-Hammer Business Unit. 2. General Electric Company; GE Consumer& Industrial - Electrical Distribution. 3. Square D; a brand of Schneider Electric. B. Panelboards: NEMA PB 1, lighting and appliance branch-circuit type. C. Mains: Circuit breaker or lugs as indicated on plans. D. Branch Overcurrent Protective Devices: Bolt-on circuit breakers, replaceable without disturbing adjacent units. E. Doors: Concealed hinges; secured with flush latch with tumbler lock; keyed alike. PANELBOARDS 262416 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2.3 DISCONNECTING AND OVERCURRENT PROTECTIVE DEVICES A. Manufacturers: Subject to compliance with requirements, [provide products by one of the following: 1. Eaton Electrical Inc.; Cutler-Hammer Business Unit. 2. General Electric Company; GE Consumer& Industrial - Electrical Distribution. 3. Square D; a brand of Schneider Electric. B. Molded-Case Circuit Breaker (MCCB): Comply with UL 489, with interrupting capacity to meet available fault currents. 1. Thermal-Magnetic Circuit Breakers: Inverse time-current element for low-level overloads, and instantaneous magnetic trip element for short circuits. Adjustable magnetic trip setting for circuit-breaker frame sizes 250 A and larger. 2. GFCI Circuit Breakers: Single- and two-pole configurations with Class A ground- fault protection (6-mA trip). 3. Molded-Case Circuit-Breaker (MCCB) Features and Accessories: a. Standard frame sizes, trip ratings, and number of poles. b. Lugs: Mechanical style, suitable for number, size, trip ratings, and conductor materials. c. Application Listing: Appropriate for application; Type SWD for switching fluorescent lighting loads; Type HID for feeding fluorescent and high- intensity discharge (HID) lighting circuits. d. Handle Padlocking Device: Fixed attachment, for locking circuit-breaker handle in on or off position. e. Handle Lock Device: Loose attachment, for holding circuit-breaker handle in on position. PART 3 - EXECUTION 3.1 INSTALLATION A. Receive, inspect, handle, store and install panelboards and accessories according to NEMA PB 1.1. B. Mount top of trim 90 inches above finished grade unless otherwise indicated. C. Mount panelboard cabinet plumb and rigid without distortion of box. Mount recessed panelboards with fronts uniformly flush with wall finish and mating with back box. D. Install overcurrent protective devices and controllers not already factory installed. 1. Set field-adjustable, circuit-breaker trip ranges. E. Install filler plates in unused spaces. F. Arrange conductors in gutters into groups and bundle and wrap with wire ties. G. Comply with NECA 1. PANELBOARDS 262416 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.2 IDENTIFICATION A. Identify field-installed conductors, interconnecting wiring, and components; provide warning signs complying with Division 26 Section "Identification for Electrical Systems." B. Create a directory to indicate installed circuit loads and incorporating Owner's final room designations. Obtain approval before installing. Use a computer or typewriter to create directory; handwritten directories are not acceptable. C. Panelboard Nameplates: Label each panelboard with a nameplate complying with requirements for identification specified in Division 26 Section "Identification for Electrical Systems." D. Device Nameplates: Label each branch circuit device in distribution panelboards with a nameplate complying with requirements for identification specified in Division 26 Section "Identification for Electrical Systems." 3.3 FIELD QUALITY CONTROL A. Perform tests and inspections. B. Acceptance Testing Preparation: 1. Test insulation resistance for each panelboard bus, component, connecting supply, feeder, and control circuit. 2. Test continuity of each circuit. C. Tests and Inspections: 1. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. 2. Correct malfunctioning units on-site, where possible, and retest to demonstrate compliance; otherwise, replace with new units and retest. D. Panelboards will be considered defective if they do not pass tests and inspections. E. Prepare test and inspection reports, including a certified report that identifies panelboards included and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. END OF SECTION 262416 PAN ELBOARDS 262416 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 262726 -WIRING DEVICES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Receptacles, receptacles with integral GFCI, and associated device plates. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: List of legends and description of materials and process used for premarking wall plates. C. Operation and Maintenance Data: For wiring devices to include in all manufacturers' packing label warnings and instruction manuals that include labeling conditions. 1.3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers' Names: Shortened versions (shown in parentheses) of the following manufacturers' names are used in other Part 2 articles: 1. Cooper Wiring Devices; a division of Cooper Industries, Inc. (Cooper). 2. Hubbell Incorporated; Wiring Device-Kellems (Hubbell). 3. Leviton Mfg. Company Inc. (Leviton). 4. Pass & Seymour/Legrand; Wiring Devices &Accessories (Pass & Seymour). 2.2 GFCI RECEPTACLES A. General Description: Straight blade, feed-through type. Comply with NEMA WD 1, NEMA WD 6, UL 498, and UL 943, Class A, and include indicator light that is lighted when device is tripped. B. Duplex GFCI Convenience Receptacles, 125 V, 20 A: WIRING DEVICES 262726 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Products: Subject to compliance with requirements, provide one of the following: a. Cooper; GF20. b. Pass & Seymour; 2084. C. Wet-Location, Weatherproof Cover Plates: NEMA 250, complying with type 3R weather-resistant, die-cast aluminum with lockable cover. 2.3 FINISHES A. Color: Wiring device catalog numbers in Section Text do not designate device color. 1. Wiring Devices Connected to Normal Power System: As selected by Architect unless otherwise indicated or required by NFPA 70 or device listing. PART 3 - EXECUTION 3.1 INSTALLATION A. Comply with NECA 1, including the mounting heights listed in that standard, unless otherwise noted. B. Coordination with Other Trades: 1. Take steps to insure that devices and their boxes are protected. C. Conductors: 1. Do not strip insulation from conductors until just before they are spliced or terminated on devices. 2. Strip insulation evenly around the conductor using tools designed for the purpose. Avoid scoring or nicking of solid wire or cutting strands from stranded wire. 3. The length of free conductors at outlets for devices shall meet provisions of NFPA 70, Article 300, without pigtails. 4. Existing Conductors: a. Cut back and pigtail, or replace all damaged conductors. b. Straighten conductors that remain and remove corrosion and foreign matter. c. Pigtailing existing conductors is permitted provided the outlet box is large enough. D. Device Installation: 1. Keep each wiring device in its package or otherwise protected until it is time to connect conductors. 2. Connect devices to branch circuits using pigtails that are not less than 12 inches in length. 3. When there is a choice, use side wiring with binding-head screw terminals. Wrap solid conductor tightly clockwise, 2/3 to 3/4 of the way around terminal screw. 4. Use a torque screwdriver when a torque is recommended or required by the manufacturer. WIRING DEVICES 262726 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 5. When conductors larger than No. 12 AWG are installed on 15- or 20-A circuits, splice No. 12 AWG pigtails for device connections. 6. Tighten unused terminal screws on the device. 7. When mounting into metal boxes, remove the fiber or plastic washers used to hold device mounting screws in yokes, allowing metal-to-metal contact. E. Receptacle Orientation: 1. Install ground pin of vertically mounted receptacles down. 3.2 IDENTIFICATION A. Comply with Division 26 Section "Identification for Electrical Systems." 1. Receptacles: Identify panelboard and circuit number from which served. Use hot, stamped or engraved machine printing with black-filled lettering on face of plate, and durable wire markers or tags inside outlet boxes. 3.3 FIELD QUALITY CONTROL A. Perform tests and inspections and prepare test reports. 1. Test Instruments: Use instruments that comply with UL 1436. 2. Test Instrument for Convenience Receptacles: Digital wiring analyzer with digital readout or illuminated LED indicators of measurement. B. Tests for Convenience Receptacles: 1. Line Voltage: Acceptable range is 105 to 132 V. 2. Percent Voltage Drop under 15-A Load: A value of 6 percent or higher is not acceptable. 3. Ground Impedance: Values of up to 2 ohms are acceptable. 4. GFCI Trip: Test for tripping values specified in UL 1436 and UL 943. 5. Using the test plug, verify that the device and its outlet box are securely mounted. 6. The tests shall be diagnostic, indicating damaged conductors, high resistance at the circuit breaker, poor connections, inadequate fault current path, defective devices, or similar problems. Correct circuit conditions, remove malfunctioning units and replace with new, and retest as specified above. END OF SECTION 262726 WIRING DEVICES 262726 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK,GRIFFING PARK, &HERMAN PARK PART 2 -PRODUCTS 2.1 MANUFACTURERS A. Products: Subject to compliance with requirements,provide product indicated on Drawings. 2.2 GENERAL REQUIREMENTS FOR LUMINAIRES A. Luminaires shall comply with UL 1598 and be listed and labeled for installation in wet locations by an NRTL acceptable to authorities having jurisdiction. B. Lateral Light Distribution Patterns: Comply with IESNA RP-8 for parameters of lateral light distribution patterns indicated for luminaires. C. Metal Parts: Free of burrs and sharp corners and edges. D. Sheet Metal Components: Corrosion-resistant aluminum unless otherwise indicated. Form and support to prevent warping and sagging. E. Housings: Rigidly formed, weather- and light-tight enclosures that will not warp, sag, or deform in use. Provide filter/breather for enclosed luminaires. F. Doors, Frames, and Other Internal Access: Smooth operating, free of light leakage under operating conditions. G. Exposed Hardware Material: Stainless steel. H. Plastic Parts: High resistance to yellowing and other changes due to aging, exposure to heat, and UV radiation. I. Light Shields: Metal baffles, factory installed and field adjustable, arranged to block light distribution to indicated portion of normally illuminated area or field. J. Reflecting surfaces shall have minimum reflectance as follows unless otherwise indicated: 1. White Surfaces: 85 percent. 2. Specular Surfaces: 83 percent. 3. Diffusing Specular Surfaces: 75 percent. K. Lenses and Refractors Gaskets: Use heat- and aging-resistant resilient gaskets to seal and cushion lenses and refractors in luminaire doors. L. Luminaire Finish: Manufacturer's standard paint applied to factory-assembled and -tested luminaire before shipping. Where indicated, match finish process and color of pole or support materials. M. Factory-Applied Finish for Steel Luminaires: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. EXTERIOR LIGHTING 265600 -2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK,&HERMAN PARK 1. Surface Preparation: Clean surfaces to comply with SSPC-SP 1, "Solvent Cleaning," to remove dirt, oil, grease, and other contaminants that could impair paint bond. Grind welds and polish surfaces to a smooth, even finish. Remove mill scale and rust, if present, from uncoated steel, complying with SSPC-SP 5/NACE No. 1, "White Metal Blast Cleaning," or SSPC-SP 8, "Pickling." 2. Exterior Surfaces: Manufacturer's standard finish consisting of one or more coats of primer and two finish coats of high-gloss,high-build polyurethane enamel. a. Color: As selected from manufacturer's standard catalog of colors. N. Factory-Applied Labels: Comply with UL 1598. 2.3 LUMINAIRE-MOUNTED PHOTOELECTRIC RELAYS A. Comply with UL 773 or UL 773A. B. Contact Relays: Factory mounted, single throw, designed to fail in the on position, and factory set to turn light unit on at 1.5 to 3 fc and off at 4.5 to 10 fc with 15-second minimum time delay. 2.4 GENERAL REQUIREMENTS FOR POLES AND SUPPORT COMPONENTS A. Structural Characteristics: Comply with AASHTO LTS-4-M. 1. Wind-Load Strength of Poles: Adequate at indicated heights above grade without failure, permanent deflection, or whipping in steady winds of speed indicated in "Structural Analysis Criteria for Pole Selection"Article. 2. Strength Analysis: For each pole, multiply the actual equivalent projected area of luminaires and brackets by a factor of 1.1 to obtain the equivalent projected area to be used in pole selection strength analysis. B. Luminaire Attachment Provisions: Comply with luminaire manufacturers' mounting requirements. Use stainless-steel fasteners and mounting bolts unless otherwise indicated. C. Mountings, Fasteners, and Appurtenances: Corrosion-resistant items compatible with support components. 1. Materials: Shall not cause galvanic action at contact points. 2. Anchor Bolts, Leveling Nuts, Bolt Caps, and Washers: Hot-dip galvanized after fabrication unless otherwise indicated. 3. Anchor-Bolt Template: Plywood or steel. D. Handhole: Oval-shaped, with minimum clear opening of 2-1/2 by 5 inches, with cover secured by stainless-steel captive screws. E. Concrete Pole Foundations: Cast in place, with anchor bolts to match pole-base flange. Concrete, reinforcement, and formwork are specified in Section 033000 "Cast-in-Place Concrete." EXTERIOR LIGHTING 265600 -3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK,GRIFFING PARK, &HERMAN PARK 2.5 STEEL POLES A. Poles: Comply with ASTM A 500,Grade B,carbon steel with a minimum yield of 46,000 psig; one-piece construction up to 40 feet in height with access handhole in pole wall. 1. Shape: Square,straight. 2. Mounting Provisions: Butt flange for bolted mounting on foundation. B. Pole-Top Tenons: Fabricated to support luminaire or luminaires and brackets indicated, and securely fastened to pole top. C. Grounding and Bonding Lugs: Welded 1/2-inch threaded lug, complying with requirements in Section 260526 "Grounding and Bonding for Electrical Systems," listed for attaching grounding and bonding conductors of type and size listed in that Section,and accessible through handhole. D. Cable Support Grip: Wire-mesh type with rotating attachment eye, sized for diameter of cable and rated for a minimum load equal to weight of supported cable times a 5.0 safety factor. E. Factory-Painted Finish: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. 1. Surface Preparation: Clean surfaces to comply with SSPC-SP 1, "Solvent Cleaning," to remove dirt, oil, grease, and other contaminants that could impair paint bond. Grind welds and polish surfaces to a smooth, even finish. Remove mill scale and rust, if present, from uncoated steel, complying with SSPC-SP 5/NACE No. 1, "White Metal Blast Cleaning," or with SSPC-SP 8, "Pickling." 2. Interior Surfaces of Pole: One coat of bituminous paint, or otherwise treat for equal corrosion protection. 3. Exterior Surfaces: Manufacturer's standard finish consisting of one or more coats of primer and two finish coats of high-gloss,high-build polyurethane enamel. a. Color: As selected by Architect from manufacturer's full range. 2.6 POLE ACCESSORIES A. Duplex Receptacle: 120 V, 20 A in a weatherproof assembly complying with Section 262726 "Wiring Devices" for ground-fault circuit-interrupter type. 1. Recessed, 24 inches above finished grade. 2. Nonmetallic polycarbonate plastic or reinforced fiberglass, weatherproof in use, cover, color to match pole that when mounted results in NEMA 250, Type 3R With cord opening. B. Base Covers: Manufacturers' standard metal units, arranged to cover pole's mounting bolts and nuts. Finish same as pole. EXTERIOR LIGHTING 265600-4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK,&HERMAN PARK PART 3 -EXECUTION 3.1 LUMINAIRE INSTALLATION A. Fasten luminaire to indicated structural supports. 1. Use fastening methods and materials defined for the application and approved by manufacturer. 3.2 POLE INSTALLATION A. Alignment: Align pole foundations and poles for optimum directional alignment of luminaires and their mounting provisions on the pole. B. Concrete Pole Foundations: Set anchor bolts according to anchor-bolt templates furnished by pole manufacturer. Concrete materials, installation, and finishing requirements are specified in Section 033000"Cast-in-Place Concrete." C. Foundation-Mounted Poles: Mount pole with leveling nuts, and tighten top nuts to torque level recommended by pole manufacturer. 1. Use anchor bolts and nuts selected to resist seismic forces defined for the application and approved by manufacturer. 2. Grout void between pole base and foundation. Use nonshrink or expanding concrete grout firmly packed to fill space. 3. Install base covers unless otherwise indicated. 4. Use a short piece of 1/2-inch-diameter pipe to make a drain hole through grout. Arrange to drain condensation from interior of pole. D. Poles and Pole Foundations Set in Concrete Paved Areas: Install poles with minimum of 6- inch-wide,unpaved gap between the pole or pole foundation and the edge of adjacent concrete slab. Fill unpaved ring with [pea gravel] <Insert material> to a level 1 inch below top of concrete slab. E. Raise and set poles using web fabric slings(not chain or cable). 3.3 CORROSION PREVENTION A. Steel Conduits: Comply with Section 260533 "Raceways and Boxes for Electrical Systems." In concrete foundations, wrap conduit with 0.010-inch- thick, pipe-wrapping plastic tape applied with a 50 percent overlap. 3.4 GROUNDING A. Ground metal poles and support structures according to Section 260526 "Grounding and Bonding for Electrical Systems." 1. Install grounding electrode for each pole unless otherwise indicated. EXTERIOR LIGHTING 265600 -5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK H. Utilities include on-site underground pipes, conduits, ducts, and cables, as well as underground services within building lines. 1.4 SUBMITTALS: A. General: Submit the following according to the Conditions of the Contract and Division 1 Specification Sections. B. Test Reports: In addition to test reports required under field quality control, submit the following: 1. Laboratory analysis of each soil material proposed for fill and backfill from on-site and borrow sources. 2. One optimum moisture-maximum density curve for each soil material. 1.5 QUALITY ASSURANCE: A. Codes and Standards: Perform earthwork complying with requirements of authorities having jurisdiction. B. Testing and Inspection Service: Employ a qualified independent geotechnical engineering testing agency to classify proposed on-site and borrow soils to verify that soils comply with specified requirements and to perform required field and laboratory testing. 1.6 PROJECT CONDITIONS: A. Existing Utilities: Interruption of existing utilities serving facilities occupied by the Owner is allowed upon notification of the Owner. 1. Provide a minimum 48-hours' notice to the Owner's Representative before interrupting any utility. PART 2 — PRODUCTS 2.1. SOIL MATERIALS: A. General: Provide approved borrow soil materials from off-site when sufficient approved soil materials are not available from excavations. B. Satisfactory Soil Materials: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM; free of rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetation and other deleterious matter. C. Unsatisfactory Soil Materials: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, and PT. D. Backfill and Fill Materials: Satisfactory soil materials. EARTHWORK 310000 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK E. Sub-base and Base Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand, ASTM D 2940,with at least 95 percent passing a 1-1/2-inch sieve and not more than 8 percent passing a No. 200 sieve. PART 3 — EXECUTION 3.1 PREPARATION: A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. B. Provide erosion control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways. 3.2 DEWATERING: A. Prevent surface water and subsurface or ground water from entering excavations, from ponding on prepared sub-grades, and from flooding Project site and surrounding area. B. Protect sub-grades and foundation soils from softening and damage by rain or water accumulation. 3.3 EXCAVATION: A. Explosives: Do not use explosives. B. Unclassified Excavation: Excavation is unclassified and includes excavation to required subgrade elevations regardless of the character of materials and obstructions encountered 3.4 STABILITY OF EXCAVATIONS: A. Comply with local codes, ordinances, and requirements of authorities having jurisdiction to maintain stable excavations. 3.5 EXCAVATION FOR WALKS AND PAVEMENTS: A. Excavate surfaces under walks and pavements to indicated cross sections, elevations, and grades. EARTHWORK 310000 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.6 APPROVAL OF SUBGRADE: A. Notify Architect when excavations have reached required subgrade. B. When Architect determines that unforeseen unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. 1. Unforeseen additional excavation and replacement material will be paid according to the Contract provisions for changes in Work. C. Reconstruct sub-grades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by the Architect. 3.7 STORAGE OF SOIL MATERIALS: A. Stockpile excavated materials acceptable for backfill and fill soil materials, including acceptable borrow materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent wind-blown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of existing trees. 3.8 BACKFILL: A. Backfill excavations promptly, but not before completing the following: 1. Acceptance of construction below finish grade including, where applicable. 2. Surveying locations of underground utilities for record documents. 3. Concrete formwork removal. 4. Removal of trash and debris from excavation. 3.9 FILL: A. Preparation: Remove vegetation, topsoil, debris, wet, and unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placing fills. 1. Plow strip, or break up sloped surfaces steeper than 1 vertical to 5 horizontal so fill material will bond with existing surface. 2. When subgrade or existing ground surface to receive fill has a density less than that required for fill, break up ground surface to depth required, pulverize, moisture-condition or aerate soil and re-compact to required density. 3. Place fill material in layers to required elevations for each location listed below. a. Under grass, use satisfactory excavated or borrow soil material. b. Under slab walks, ramps and pavements, use sub-base or base material, or satisfactory excavated or borrow soil material. c. Under footings and grade beams, use sub-base material. 3.10 MOISTURE CONTROL: EARTHWORK 310000 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before compaction to within 2 percent of optimum moisture content. 1. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air-dry satisfactory soil material that is too wet to compact to specified density. a. Stockpile or spread and dry removed wet satisfactory soil material. 3.11 COMPACTION: A. Place backfill and fill materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand-operated tampers. B. Place backfill and fill materials evenly on all sides of structures to required elevations. Place backfill and fill uniformly along the full length of each structure. C. Percentage of Maximum Dry Density Requirements: Compact soil to not less than the following percentages of maximum dry density according to ASTM D 1557: 1. Under basketball courts and slabs, compact the top 12 inches below subgrade and each layer of backfill or fill material at 95 percent maximum dry density. 2. Under walks and ramps, compact the top 6 inches below subgrade and each layer of backfill or fill material at 95 percent maximum dry density. 3. Under lawn or unpaved areas, compact the top 6 inches below subgrade and each layer of backfill or fill material at 90 percent maximum dry density. 3.12 GRADING: A. General: Uniformly grade areas to a smooth surface, free from irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between existing adjacent grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to conform to required surface tolerances. B. Site Grading: Slope grades to direct water away from structures and Playscape surfacing and to prevent ponding. Finish sub-grades to required elevations within the following tolerances: 1. Lawn or Unpaved Areas: Plus or minus 0.10 foot. 2. Walks: Plus or minus 0.10 foot. 3. Pavilion slabs: Plus or minus 1/2 inch. EARTHWORK 310000 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.13 SUBBASE AND BASE COURSES: A. Under slabs and walks, place sub-base course material on prepared sub-grades. Place base course material over sub-bases to pavements. 1. Compact sub-base and base courses at optimum moisture content to required grades, lines, cross sections and thickness to not less than 95 percent of ASTM D 4254 relative density. 2. Shape sub-base and base to required crown elevations and cross-slope grades. 3. When thickness of compacted sub-base or base course is 6 inches or less, place materials in a single layer. 4. When thickness of compacted sub-base or base course exceeds 6 inches, place materials in equal layers,with no layer more than 6 inches thick or less than 3 inches thick when compacted. 3.14 FIELD QUALITY CONTROL: A. Testing Agency Services: Allow testing agency to inspect and test subgrade at basketball court and picnic unit slabs and each fill or backfill layer. Do not proceed until test results for previously completed work verify compliance with requirements. 1. Perform field in-place density tests according to ASTM D 1556(sand cone method), ASTM D 2167 (rubber balloon method), or ASTM D 2937 (drive cylinder method), as applicable. a. Field in-place density tests may also be performed by the nuclear method according to ASTM D 2922, provided that calibration curves are periodically checked and adjusted to correlate to tests performed using ASTM D 1556. With each density calibration check, check the calibration curves furnished with the moisture gages according to ASTM D 3017. b. When field in-place density tests are performed using nuclear methods, make calibration checks of both density and moisture gages at beginning of work, on each different type of material encountered, and at intervals as directed by the Architect. 2. Slab Areas: At subgrade and at each compacted fill and backfill layer, perform at least one field in-place density test. B. When testing agency reports that sub-grades, fills, or backfills are below specified density, scarify and moisten or aerate, or remove and replace soil to the depth required, re-compact and retest until required density is obtained. 3.16 PROTECTION: A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. EARTHWORK 310000 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK B. Repair and re-establish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace material to depth directed by the Architect; reshape and re-compact at optimum moisture content to the required density. C. Settling: Where settling occurs during the Project correction period, remove finished surfacing, backfill with additional approved material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 3.17 DISPOSAL OF SURPLUS AND WASTE MATERIALS: A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off the Owner's property. END OF SECTION EARTHWORK 310000 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 311000- SITE CLEARING PART 1 —GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Protection of existing trees indicated to remain. 2. Topsoil stripping. 3. Clearing and grubbing. 1.3 PROJECT CONDITIONS: A. Traffic: Conduct site-clearing operations to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. B. Protection of Existing Improvements: Provide protections necessary to prevent damage to existing improvements indicated to remain in place. 1. Protect improvements on adjoining properties and on Owner's property. 2. Restore damaged improvements to their original condition, as acceptable to property owners. C. Protection of Existing Trees and Vegetation: Protect existing trees and other vegetation indicated to remain in place against unnecessary cutting, breaking or skinning of roots, skinning or bruising of bark, smothering of trees by stockpiling construction materials or excavated materials within drip line, excess foot or vehicular traffic, or parking of vehicles within drip line. Provide temporary fencing to protect trees to remain. 1. Repair or replace trees indicated to remain that are damaged by construction operations in a manner acceptable to Landscape Architect. Employ a licensed arborist to repair damage to trees and shrubs 2. Replace trees that cannot be repaired and restored to full-growth status, as determined by arborist. 3. Improvements on Adjoining Property: No Authority is given for performing removal and alteration work on property adjoining Owner's property. SITE CLEARING 311000 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1.4 EXISTING SERVICES A. General: Indicated locations are approximate; determine exact locations before commencing Work. B. Arrange and pay for disconnecting, removing, capping, and plugging utility services. Notify affected utility companies in advance and obtain approval before starting this Work. C. Place markers to indicate location of disconnected services. Identify service lines and capping locations on Project Record Documents. PART 2 - PRODUCTS (Not Applicable) PART 3 — EXECUTION 3.1 SITE CLEARING A. General: Remove grass, and other vegetation, as required,to permit installation of new construction. Remove similar items elsewhere on site or premises as specifically indicated. Removal includes digging out and off-site disposal of stumps and roots. 1. Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction. B. Topsoil: Topsoil is defined as friable clay loam surface soil found in a depth of not less than 4 inches. Satisfactory topsoil is reasonably free of subsoil, clay lumps, stones, and other objects over 2 inches in diameter, and without weeds, roots, and other objectionable material. 1. Strip topsoil to whatever depths encountered in a manner to prevent intermingling with underlying subsoil or other objectionable material. Remove heavy growths of grass from areas before stripping. 2. Where existing trees are indicated to remain, leave existing topsoil in place within drip lines to prevent damage to root system. 3. Stockpile topsoil in storage piles in areas indicated or directed. Construct storage piles to provide free drainage of surface water. Cover storage piles, if required, to prevent wind erosion. 4. Dispose of unsuitable or excess topsoil as specified for disposal of waste material. C. Clearing and Grubbing: Clear site of vegetation, except for those indicated to be left standing. 1. Completely remove roots, and other debris protruding through ground surface. 2. Use only hand methods for grubbing inside drip line of trees indicated to remain. 3. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 4. Place fill material in horizontal layers not exceeding 6 inches loose depth, and thoroughly compact each layer to a density equal to adjacent original ground. SITE CLEARING 311000 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK D. Removal of Improvements: Remove existing above-grade and below-grade improvements as indicated and as necessary to facilitate new construction. 1. Abandonment or removal of certain underground pipe or conduits may be indicated on mechanical or electrical drawings and is included under work of related Division 15 and 16 Sections. Removing abandoned underground piping or conduits interfering with construction is included under this Section. 3.2 DISPOSAL OF WASTE MATERIALS A. Burning on Owner's Property: Burning is not permitted on Owner's property. B. Removal from Owner's Property: Remove waste materials and unsuitable or excess topsoil from Owner's property. END OF SECTION SITE CLEARING 311000 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 312000 - EARTH MOVING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Preparing subgrades for slabs-on-grade, walks, pavements, lawns and grasses and. 2. Excavating and backfilling for buildings and structures. 3. Drainage course for slabs-on-grade. 4. Subbase course for concrete walks, pavements. 5. Excavating and backfilling for utility trenches. 1.2 DEFINITIONS A. Backfill: Soil material used to fill an excavation. 1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe. 2. Final Backfill: Backfill placed over initial backfill to fill a trench. B. Base Course: Course placed between the subbase course and hot-mix asphalt paving. C. Bedding Course: Course placed over the excavated subgrade in a trench before laying pipe. D. Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill. E. Drainage Course: Course supporting the slab-on-grade that also minimizes upward capillary flow of pore water. F. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated. 1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by Architect. Authorized additional excavation and replacement material will be paid for according to Contract provisions changes in the Work. 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Architect. Unauthorized excavation, as well as remedial work directed by Architect, shall be without additional compensation. G. Fill: Soil materials used to raise existing grades. EARTH MOVING 312000 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK H. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. I. Subbase Course: Course placed between the subgrade and base course for hot-mix asphalt pavement, or course placed between the subgrade and a cement concrete pavement or a cement concrete or hot-mix asphalt walk. J. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil materials. K. Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings. 1.3 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Architect and then only after arranging to provide temporary utility services according to requirements indicated. PART 2 - PRODUCTS 2.1 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. B. Satisfactory Soils: ASTM D 2487 Soil Classification Groups GW, GP, GM, SW, SP, and SM, or a combination of these groups; free of rock or gravel larger than 3 inches (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. C. Unsatisfactory Soils: Soil Classification Groups GC, SC, CL, ML, OL, CH, MH, OH, and PT according to ASTM D 2487 or a combination of these groups. 1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction. D. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. E. Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve. EARTH MOVING 312000 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK F. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. G. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch (25-mm) sieve and not more than 8 percent passing a No. 200 (0.075- mm) sieve. H. Drainage Course: Narrowly graded mixture of [washed ]crushed stone, or crushed or uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-1/2-inch (37.5-mm) sieve and 0 to 5 percent passing a No. 8 (2.36-mm) sieve. 2.2 ACCESSORIES A. Warning Tape: Acid- and alkali-resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, 6 inches (150 mm) wide and 4 mils (0.1 mm) thick, continuously inscribed with a description of the utility. PART 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. B. Preparation of subgrade for earthwork operations including removal of vegetation, topsoil, debris, obstructions, and deleterious materials from ground surface is specified in Division 31 Section "Site Clearing." C. Protect and maintain erosion and sedimentation controls, which are specified in Division 31 Section "Site Clearing." during earthwork operations. 3.2 EXCAVATION A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered. Unclassified excavated materials may include rock, soil materials, and obstructions. No changes in the Contract Sum or the Contract Time will be authorized for rock excavation or removal of obstructions. 1. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. EARTH MOVING 312000 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.3 EXCAVATION FOR STRUCTURES A. Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 inch (25 mm). If applicable, extend excavations a sufficient distance from structures for placing and removing concrete formwork, for installing services and other construction, and for inspections. 1. Excavations for Footings and Foundations: Do not disturb bottom of excavation. Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave solid base to receive other work. 3.4 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and subgrades. 3.5 EXCAVATION FOR UTILITY TRENCHES A. Excavate trenches to indicated gradients, lines, depths, and elevations. B. Excavate trenches to uniform widths to provide the following clearance on each side of pipe or conduit. Excavate trench walls vertically from trench bottom to 12 inches (300 mm) higher than top of pipe or conduit, unless otherwise indicated. 1. Clearance: 12 inches (300 mm) each side of pipe or conduit or as indicated. C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of pipes and conduit. Shape subgrade to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp objects along trench subgrade. 1. Excavate trenches 6 inches (150 mm) deeper than elevation required in rock or other unyielding bearing material, 4 inches (100 mm) deeper elsewhere, to allow for bedding course. 3.6 SUBGRADE INSPECTION A. Proof-roll subgrade below the building slabs and pavements with heavy pneumatic- tired equipment to identify soft pockets and areas of excess yielding. Do not proof-roll wet or saturated subgrades. B. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by Architect, without additional compensation. EARTH MOVING 312000 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.7 UNAUTHORIZED EXCAVATION A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, without altering top elevation. Lean concrete fill, with 28-day compressive strength of 2500 psi (17.2 MPa), may be used when approved by Architect. 1. Fill unauthorized excavations under other construction or utility pipe as directed by Architect. 3.8 STORAGE OF SOIL MATERIALS A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. 3.9 UTILITY TRENCH BACKFILL A. Place backfill on subgrades free of mud, frost, snow, or ice. B. Place and compact bedding course on trench bottoms and where indicated. Shape bedding course to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. C. Backfill trenches excavated under footings and within 18 inches (450 mm) of bottom of footings with satisfactory soil; fill with concrete to elevation of bottom of footings. Concrete is specified in Division 03 Section "Cast-in-Place Concrete". D. Provide 4-inch- (100-mm-) thick, concrete-base slab support for piping or conduit less than 30 inches (750 mm) below surface of roadways. After installing and testing, completely encase piping or conduit in a minimum of 4 inches (100 mm) of concrete before backfilling or placing roadway subbase. E. Place and compact initial backfill of subbase material, free of particles larger than 1 inch (25 mm) in any dimension, to a height of 12 inches (300 mm) over the utility pipe or conduit. 1. Carefully compact initial backfill under pipe haunches and compact evenly up on both sides and along the full length of utility piping or conduit to avoid damage or displacement of piping or conduit. Coordinate backfilling with utilities testing. F. Place and compact final backfill of satisfactory soil to final subgrade elevation. G. Install warning tape directly above utilities, 12 inches (300 mm) below finished grade, except 6 inches (150 mm) below subgrade under pavements and slabs. EARTH MOVING 312000 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.10 SOIL FILL A. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material. B. Place and compact fill material in layers to required elevations as follows: 1. Under grass and planted areas, use satisfactory soil material. 2. Under walks and pavements, use satisfactory soil material. 3. Under steps and ramps, use engineered fill. 4. Under building slabs, use engineered fill. 5. Under footings and foundations, use engineered fill. 3.11 SOIL MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to within 2 percent of optimum moisture content. 1. Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air dry otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.12 COMPACTION OF SOIL BACKFILLS AND FILLS A. Place backfill and fill soil materials in layers not more than 8 inches (200 mm) in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches (100 mm) in loose depth for material compacted by hand-operated tampers. B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure. C. Compact soil materials to not less than the following percentages of maximum dry unit weight according to ASTM D 1557: 1. Under structures, building slabs, steps, and pavements, scarify and recompact top 12 inches (300 mm) of existing subgrade and each layer of backfill or fill soil material at 95 percent. 2. Under walkways, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill soil material at 92 percent. 3. Under lawn or unpaved areas, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill soil material at 85 percent. 4. For utility trenches, compact each layer of initial and final backfill soil material at 85 percent. EARTH MOVING 312000 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3.13 GRADING A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. B. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to required elevations within the following tolerances: 1. Lawn or Unpaved Areas: Plus or minus 1 inch (25 mm). 2. Walks: Plus or minus 1 inch (25 mm). 3. Pavements: Plus or minus 1/2 inch (13 mm). C. Grading inside Building Lines: Finish subgrade to a tolerance of 1/2 inch (13 mm) when tested with a 10-foot (3-m) straightedge. 3.14 SUBBASE AND BASE COURSES A. Place subbase and base course on subgrades free of mud, frost, snow, or ice. B. On prepared subgrade, place subbase and base course under pavements and walks as follows: 1. Shape subbase and base course to required crown elevations and cross-slope grades. 2. Compact subbase and base course at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 1557. 3.15 DRAINAGE COURSE A. Place drainage course on subgrades free of mud, frost, snow, or ice. B. On prepared subgrade, place and compact drainage course under cast-in-place concrete slabs-on-grade as follows: 1. Place drainage course that exceeds 6 inches (150 mm) in compacted thickness in layers of equal thickness, with no compacted layer more than 6 inches (150 mm) thick or less than 3 inches (75 mm) thick. 2. Compact each layer of drainage course to required cross sections and thicknesses to not less than 95 percent of maximum dry unit weight according to ASTM D 698. 3.16 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified independent geotechnical engineering testing agency to perform field quality-control testing. EARTH MOVING 312000 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earthwork only after test results for previously completed work comply with requirements. C. Footing Subgrade: At footing subgrades, at least one test of each soil stratum will be performed to verify design bearing capacities. Subsequent verification and approval of other footing subgrades may be based on a visual comparison of subgrade with tested subgrade when approved by Architect. D. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. E. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified compaction is obtained. 3.17 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to greatest extent possible. 3.18 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property. END OF SECTION 312000 EARTH MOVING 312000 - 8 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 321313 - PORTLAND CEMENT CONCRETE PAVING PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes exterior portland cement concrete paving for the following: 1. Playground Curbs/Walkways. 1.3 Related Sections: The following Sections contain requirements that relate to this Section: 1. Section 02200 "Earthwork"for subgrade preparation, grading and subbase course. 2. Section 07905 "Paving Joint Sealants" for joint fillers and sealants within concrete paving and at joints with adjacent construction. 1.4 SUBMITTALS: A. General: Submit the following according to the Conditions of the Contract and Division 1 B. Specification Sections. 1. Product data for proprietary materials and items, including reinforcement and forming accessories, admixtures, joint systems, curing compounds, dry-shake finish materials, and others if requested by Architect. 2. Design mixes for each class of concrete. Include revised mix proportions when characteristics of materials, project conditions,weather,test results, or other circumstances warrant adjustments. 3. Material certificates in lieu of material laboratory test reports when permitted by Architect. Material certificates shall be signed by manufacturer and Contractor certifying that each material item complies with or exceeds requirements. Provide certification from admixture manufacturers that chloride content complies with requirements. 1.5 QUALITY ASSURANCE: A. Concrete Standards: Comply with provisions of the following standards, except where more stringent requirements are indicated. 1. ACI 318, "Building Code Requirements for Reinforced Concrete." 3. Concrete Reinforcing Steel Institute (CRSI) "Manual of Standard Practice." B. Concrete Manufacturer Qualifications: Manufacturer of ready-mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. C. Concrete Testing Service: Engage a qualified independent testing agency to perform materials evaluation tests and to design concrete mixes. 1.6 PROJECT CONDITIONS: A. Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other construction activities. PART 2 — PRODUCTS PORTLAND CEMENT CONCRETE PAVING 321313 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2.1 FORMS: A. Form Materials: Plywood, metal, metal-framed plywood, or other acceptable panel-type materials to provide full-depth, continuous, straight, smooth exposed surfaces. B. Form Release Agent: Provide commercial formulation form-release agent with a maximum of 350 g/L volatile organic compounds (VOCs) that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.2 REINFORCING MATERIALS: A. Reinforcing Bars and Tie Bars: ASTM A 615, Grade 60, deformed. B. Plain, Cold-Drawn Steel Wire: ASTM A 82. C. Welded Steel Wire Fabric: ASTM A 185. 1. Furnish in flat sheets, not rolls, unless otherwise acceptable to Architect. D. Deformed-Steel Welded Wire Fabric: ASTM A 497. E. Fabricated Bar Mats: Welded or clip-assembled steel bar mats,ASTM A 184. Use ASTM A 615, Grade 60 steel bars, unless otherwise indicated. F. Joint Dowel Bars: Plain steel bars,ASTM A 615, Grade 60. Cut bars true to length with ends square and free of burrs. G. Hook Bolts: ASTM A 307, Grade A bolts, internally and externally threaded. Design hook bolt joint assembly to hold coupling against pavement form and in position during concreting operations, and to permit removal without damage to concrete or hook bolt. H. Supports for Reinforcement: Chairs, spacers, dowel bar supports and other devices for spacing, supporting, and fastening reinforcing bars, welded wire fabric, and dowels in place. 1. Use wire bar-type supports complying with CRSI specifications. 2. Use supports with sand plates or horizontal runners where base material will not support chair legs. 2.3 CONCRETE MATERIALS: A. Portland Cement: ASTM C 150, Type I. 1. Use one brand of cement throughout Project unless otherwise acceptable to Architect. B. Normal-Weight Aggregates: ASTM C 33, Class 4, and as follows. Provide aggregates from a single source. 1. Maximum Aggregate Size: 1-1/2 inches. 2. Do not use fine or coarse aggregates that contain substances that cause spalling. 3. Local aggregates not complying with ASTM C 33 that have been shown to produce concrete of adequate strength and durability by special tests or actual service may be used when acceptable to Architect. 4. Water: Potable. 2.4 ADMIXTURES: A. Provide concrete admixtures that contain not more than 0.1 percent chloride ions. B. Air-Entraining Admixture: ASTM C 260, certified by manufacturer to be compatible with other required admixtures. C. Available Products: Subject to compliance with requirements, products that may be incorporated in the Work include, but are not limited to, the following: PORTLAND CEMENT CONCRETE PAVING 321313 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK D. Products: Subject to compliance with requirements, provide one of the following: 1. Air-Entraining Admixture: a. Air-Tite or Amex 210; Cormix Construction Chemicals. b. Air-Mix or Perma-Air; Euclid Chemical Co. c. Darex AEA or Daravair; W.R. Grace & Co. d. MB-VR or Micro-Air; Master Builders, Inc. e. Sealtight AEA; W.R. Meadows, Inc. f. Sika AER; Sika Corp. 2.5 CURING MATERIALS: A. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately 9 oz. per sq. yd., complying with AASHTO M 182, Class 2. B. Moisture-Retaining Cover: One of the following, complying with ASTM C 171. 1. Polyethylene film. 2. White burlap-polyethylene sheet. C. Clear Solvent-Borne Liquid Membrane-Forming Curing Compound: ASTM C 309, Type I, Class A or B, wax free. D. Clear Waterborne Membrane-Forming Curing Compound: ASTM C 309, Type I, Class B. 1. Provide material that has a maximum volatile organic compound (VOC) rating of 350 g/L. E. Evaporation Control: Monomolecular film-forming compound applied to exposed concrete slab surfaces for temporary protection from rapid moisture loss. 2.6 RELATED MATERIALS: A. Nonslip Aggregate Finish: Fused aluminum oxide granules or crushed emery as the abrasive aggregate for a nonslip finish, with emery aggregate containing not less than 50 percent aluminum oxide and not less than 25 percent ferric oxide. Use material that is factory-graded, packaged, rustproof, nonglazing, and unaffected by freezing, moisture, and cleaning materials. B. Bonding Agent: Acrylic or styrene butadiene. C. Epoxy Adhesive: ASTM C 881, two-component material suitable for dry or damp surfaces. Provide material type, grade, and class to suit requirements. 2.7 CONCRETE MIXING: A. Ready-Mixed Concrete: Comply with requirements and with ASTM C 94. 1. When air temperature is between 85 deg F (30 deg C) and 90 deg F (32 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. PART 3 — EXECUTION 3.1 SURFACE PREPARATION: A. Proof-roll prepared subbase surface to check for unstable areas and verify need for additional compaction. Do not begin paving work until such conditions have been corrected and are ready to receive paving. B. Remove loose material from compacted subbase surface immediately before placing concrete. 3.2 EDGE FORMS AND SCREED CONSTRUCTION: PORTLAND CEMENT CONCRETE PAVING 321313 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides for paving to required lines, grades, and elevations. Install forms to allow continuous progress of work and so that forms can remain in place at least 24 hours after concrete placement. B. Check completed formwork and screeds for grade and alignment to following tolerances: 1. Top of Forms: Not more than 1/8 inch in 10 feet. 2. Vertical Face on Longitudinal Axis: Not more than 1/4 inch in 10 feet. C. Clean forms after each use and coat with form release agent as required to ensure separation from concrete without damage. 3.3 PLACING REINFORCEMENT: A. General: Comply with Concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars" for placing and supporting reinforcement. B. Clean reinforcement of loose rust and mill scale, earth, ice, or other bond-reducing materials. C. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete placement. Maintain minimum cover to reinforcement. D. Install fabricated bar mats in lengths as long as practicable. Handle units to keep them flat and free of distortions. Straighten bends, kinks, and other irregularities or replace units as required before placement. Set mats for a minimum 2-inch overlap to adjacent mats. 3.4 JOINTS: A. General: Construct contraction, construction, and isolation joints true to line with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to the centerline, unless indicated otherwise. 1. When joining existing paving, place transverse joints to align with previously placed joints, unless indicated otherwise. B. Contraction Joints: Provide weakened-plane contraction joints, sectioning concrete into areas as shown on Drawings. Construct contraction joints for a depth equal to at least 1/4 of the concrete thickness or as specified on plans, as follows: 1. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut 1/8-inch-wide joints into hardened concrete when cutting action will not tear, abrade, or otherwise damage surface and before development of random contraction cracks. C. Construction Joints: Set construction joints at side and end terminations of paving and at locations where paving operations are stopped for more than 1/2 hour, unless paving terminates at isolation joints. 1. Continue reinforcement across construction joints unless indicated otherwise. Do not continue reinforcement through sides of strip paving unless indicated. 2. Provide tie bars at sides of paving strips where indicated. 3. Use bonding agent on existing concrete surfaces that will be joined with fresh concrete. D. Isolation Joints: Form isolation joints of preformed joint filler strips abutting concrete curbs, catch basins, manholes, inlets, structures, walks, other fixed objects, and where indicated. 1. Locate expansion joints at intervals of 35 feet, unless indicated otherwise on plans. PORTLAND CEMENT CONCRETE PAVING 321313 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2. Extend joint fillers full width and depth of joint, not less than 1/2 inch or more than 1 inch below finished surface where joint sealant is indicated. Place top of joint filler flush with finished concrete surface when no joint sealant is required. 3. Furnish joint fillers in one-piece lengths for full width being placed wherever possible. Where more than one length is required, lace or clip joint filler sections together. 4. Protect top edge of joint filler during concrete placement with a metal, plastic, or other temporary preformed cap. Remove protective cap after concrete has been placed on both sides of joint. E. Installation of joint fillers and sealants is specified in Division 7 Section"Paving Joint Sealants." F. Install dowel bars and support assemblies at joints where indicated. Lubricate or asphalt-coat one half of dowel length to prevent concrete bonding to one side of joint. 3.5 CONCRETE PLACEMENT: A. Inspection: Before placing concrete, inspect and complete formwork installation, reinforcing steel, and items to be embedded or cast in. Notify other trades to permit installation of their work. B. Remove ice or frost from subbase surface and reinforcing before placing concrete. Do not place concrete on surfaces that are frozen. C. Moisten subbase to provide a uniform dampened condition at the time concrete is placed. Do not place concrete around manholes or other structures until they are at the required finish elevation and alignment. D. Comply with requirements and with ACI 304R for measuring, mixing, transporting, and placing concrete. E. Deposit and spread concrete in a continuous operation between transverse joints. Do not push or drag concrete into place or use vibrators to move concrete into place. 1. When concrete placing is interrupted for more than 1/2 hour, place a construction joint. F. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. G. Consolidate concrete by mechanical vibrating equipment supplemented by hand-spading, rodding, or tamping. Use equipment and procedures to consolidate concrete complying with ACI 309R. a. Consolidate concrete along face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square-faced shovels for hand-spreading and consolidation. Consolidate with care to prevent dislocating reinforcing, dowels, and joint devices. H. Screed paved surfaces with a straightedge and strike off. Use bull floats or darbies to form a smooth surface plane before excess moisture or bleed water appears on the surface. Do not further disturb concrete surfaces prior to beginning finishing operations. I. Curbs: Automatic machine placement shall not be used. Produce curbs to required cross section, lines, grades, finish, and jointing as specified for formed concrete. If • results are not acceptable, remove and replace with formed concrete. J. Cold-Weather Placement: Comply with provisions of ACI 306R and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. PORTLAND CEMENT CONCRETE PAVING 321313 - 5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. When air temperature has fallen to or is expected to fall below 40 deg F (4 deg C), uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F (10 deg C) and not more than 80 deg F (27 deg C) at point of placement. 2. Do not use frozen materials or materials containing ice or snow. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise accepted in mix designs. K. Hot-Weather Placement: Place concrete complying with ACI 305R and as specified when hot weather conditions exist. 1. Cool ingredients before mixing to maintain concrete temperature at time of placement to below 90 deg F (32 deg C). Mixing water may be chilled or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Cover reinforcing steel with water-soaked burlap if it becomes too hot, so that steel temperature will not exceed the ambient air temperature immediately before embedding in concrete. 3. Fog spray forms, reinforcing steel, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.6 CONCRETE FINISHING: A. Float Finish: Begin floating when bleed water sheen has disappeared and the concrete surface has stiffened sufficiently to permit operations. Float surface with power-driven floats, or by hand-floating if area is small or inaccessible to power units. Finish surfaces to true planes within a tolerance of 1/4 inch in 10 feet as determined by a 10-foot-long straightedge placed anywhere on the surface in any direction. Cut down high spots and fill low spots. Refloat surface immediately to a uniform granular texture. 1. Medium Textured Broom Finish: Draw a soft bristle broom across concrete surface perpendicular to line of traffic to provide a uniform fine line texture finish. B. Final Tooling: Tool edges of paving, curbs, and joints formed in fresh concrete with a jointing tool to the following radius. Repeat tooling of edges and joints after applying surface finishes. Eliminate tool marks on concrete surfaces. 1. Radius: 1/4 inch. 3.7 CONCRETE PROTECTION AND CURING: A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with the recommendations of ACI 306R for cold weather protection and ACI 305R for hot weather protection during curing. B. Evaporation Control: In hot, dry, and windy weather, protect concrete from rapid moisture loss before and during finishing operations with an evaporation-control material. Apply according to manufacturer's instructions after screeding and bull floating, but before floating. C. Begin curing after finishing concrete but not before free water has disappeared from concrete surface. D. Curing Methods: Cure concrete by moisture curing, moisture-retaining-cover curing, curing compound, or a combination of these as follows: 1. Moisture Curing: Keep surfaces continuously moist for not less than 7 days with the following materials: PORTLAND CEMENT CONCRETE PAVING 321313 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK a. Water. b. Continuous water-fog spray. c. Absorptive cover,water saturated, and kept continuously wet. Cover concrete surfaces and edges with a 12-inch lap over adjacent absorptive covers. 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's directions. Recoat areas subjected to heavy rainfall within 3 hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.8 FIELD QUALITY CONTROL TESTING: A. Employ a qualified independent testing and inspection agency to sample materials, perform tests, and submit test reports during concrete placement as follows: 1. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94. a. Slump: ASTM C 143; one test at point of placement for each compressive-strength test but no less than one test for each day's pour of each type of concrete. Additional tests will be required when concrete consistency changes. b. Air Content: ASTM C 231, pressure method; one test for each compressive-strength test but no less than one test for each day's pour of each type of air-entrained concrete. c. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F(4 deg C) and below and when 80 deg F(27 deg C)and above, and one test for each set of compressive-strength specimens. d. Compression Test Specimens: ASTM C 31; one set of four standard cylinders for each compressive-strength test, unless directed otherwise. Mold and store cylinders for laboratory-cured test specimens except when field-cured test specimens are required. e. Compressive-Strength Tests: ASTM C 39; one set for each day's pour of each concrete class exceeding 5 cu. yd. but less than 25 cu. yd., plus one set for each additional 50 cu. yd. Test one specimen at 7 days, test two specimens at 28 days, and retain one specimen in reserve for later testing if required. f. When frequency of testing will provide fewer than five strength tests for a given class of concrete, conduct testing from at least five randomly selected batches or from each batch if fewer than five are used. B. Test results will be reported in writing to Architect, concrete manufacturer, and Contractor within 24 hours of testing. Reports of compressive strength tests shall contain the Project identification name and number, date of concrete placement, name of concrete testing agency, concrete type and class, location of concrete batch in paving, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength, and type of break for both 7-day and 28-day tests. PORTLAND CEMENT CONCRETE PAVING 321313 - 7 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK C. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted but shall not be used as the sole basis for acceptance or rejection. D. Additional Tests: The testing agency will make additional tests of the concrete when test results indicate slump, air entrainment, concrete strengths, or other requirements have not been met, as directed by Architect. Testing agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed. 3.10 REPAIRS AND PROTECTION: A. Remove and replace concrete paving that is broken, damaged, or defective, or does not meet the requirements of this Section. B. Drill test cores where directed by Architect when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory pavement areas with portland cement concrete bonded to paving with epoxy adhesive. C. Protect concrete from damage. Exclude traffic from paving for at least 14 days after placement. When construction traffic is permitted, maintain paving as clean as possible by removing surface stains and spillage of materials as they occur. Maintain concrete paving free of stains, discoloration, dirt, and other foreign material. Sweep concrete paving not more than 2 days prior to date scheduled for Substantial Completion inspections. END OF SECTION 321313 PORTLAND CEMENT CONCRETE PAVING 321313 - 8 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 321373 - CONCRETE PAVING JOINT SEALANTS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Expansion and contraction joints within cement concrete pavement. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples: For each type and color of joint sealant required. C. Product certificates &test reports. D. Compatibility and Adhesion Test Reports: From sealant manufacturer. 1.3 QUALITY ASSURANCE A. Preconstruction Compatibility and Adhesion Testing: Submit samples of materials that will contact or affect joint sealants to joint-sealant manufacturers for testing according to ASTM C 1087 to determine whether priming and other specific joint preparation techniques are required to obtain rapid, optimum adhesion of joint sealants to joint substrates. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Products: Subject to compliance with requirements, provide one of the products listed in other Part 2 articles. 2.2 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, backing materials, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by joint-sealant manufacturer based on testing and field experience. CONCRETE PAVING JOINT SEALANTS 321373 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1. Primers: Product recommended by joint-sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate tests and field tests. B. Colors of Exposed Joint Sealants: As selected by Architect from manufacturer's full range. 2.3 COLD-APPLIED JOINT SEALANTS A. Single-Component Jet-Fuel-Resistant Urethane Sealant for Concrete: Single- component, pourable, coal-tar-modified, urethane formulation complying with ASTM C 920 for Type S; Grade P; Class 25; Uses T, M, and, as applicable to joint substrates indicated, O. 1. Products: a. Sonneborn, Div. of ChemRex, Inc.; Sonomeric SL-1. 2.4 JOINT-SEALANT BACKER MATERIALS A. General: Provide joint-sealant backer materials that are nonstaining; are compatible with joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by joint-sealant manufacturer based on field experience and laboratory testing. B. Round Backer Rods for Cold- and Hot-Applied Sealants: ASTM D 5249, Type 1, of diameter and density required to control sealant depth and prevent bottom-side adhesion of sealant. C. Backer Strips for Cold- and Hot-Applied Sealants: ASTM D 5249; Type 2; of thickness and width required to control sealant depth, prevent bottom-side adhesion of sealant, and fill remainder of joint opening under sealant. D. Round Backer Rods for Cold-Applied Sealants: ASTM D 5249, Type 3, of diameter and density required to control sealant depth and prevent bottom-side adhesion of sealant. PART 3 - EXECUTION 3.1 INSTALLATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint-sealant manufacturer's written instructions. B. Joint Priming: Prime joint substrates where indicated or where recommended in writing by joint-sealant manufacturer, based on preconstruction joint-sealant-substrate tests or prior experience. CONCRETE PAVING JOINT SEALANTS 321373 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK C. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. D. Install backer materials to support sealants during application and at position required to produce optimum sealant movement capability. Do not leave gaps between ends of backer materials. Do not stretch, twist, puncture, or tear backer materials. Remove absorbent backer materials that have become wet before sealant application and replace them with dry materials. E. Install sealants at the same time backings are installed to completely fill recesses provided for each joint configuration and to produce uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. F. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. G. Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved by manufacturers of joint sealants and of products in which joints occur. END OF SECTION 321373 CONCRETE PAVING JOINT SEALANTS 321373 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 321816 - PLAYGROUND PROTECTIVE SURFACING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Provide all materials, labor, and equipment to install poured-in-place Safety Surfacing System. 1.3 DEFINITIONS A. Critical Height: Standard measure of shock attenuation. According to CPSC No. 325, this means "the fall height below which a life-threatening head injury would not be expected to occur." B. SBR: Styrene-butadiene rubber. 1.4 PERFORMANCE REQUIREMENTS A. Impact Attenuation: According to ASTM F 1292. B. Accessibility of Surface Systems: According to ASTM F 1951. 1.5 SUBMITTALS A. The following shall be submitted upon request. 1. Manufacturer's descriptive data and installation instructions. 2. Manufacturer's details showing depths of surface and sub-base materials, anchoring systems (if required) and edge details shall be supplied upon request. 3. Statement signed by an official authorized to certify on behalf of the manufacturer of the synthetic safety surfacing attesting that the surfacing meets the requirements of ASTM F 1292 for a head-first fall from the highest accessible portion of specified playground equipment. The surface shall yield both a peak deceleration of no more than 200 g's (GMAX) and a Head Injury Criteria (HIC) value of no more than 1000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings shall be supplied upon request. 4. Statement signed by the Manufacturer of the synthetic safety surfacing that all materials under this section shall be installed by the Manufacturer or its Certified PLAYGROUND PROTECTIVE SURFACING 321816 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK Installers and that playground surfacing installation shall not be performed by anyone other than the Manufacturer or its Certified Installers shall be supplied upon request. 5. A certificate of Insurance shall be provided upon request by Manufacturers or its certified installers of synthetic safety surfacing for use as playground safety surfacing, covering both general and product liability insurance. 6. Upon request, Manufacturer shall supply a sample of safety surface proposed for project. Size and depth of sample will be agreed upon prior to submittal. B. Product Data: For each type of product indicated. C. Shop Drawings: For each playground surface system, include materials, plans, cross sections, drainage, installation, and edge. D. Samples for Initial Selection: For each type of playground surface system indicated. 1. Include similar Samples of playground surface system and accessories involving color selection. 2. Delete "Samples for Initial Selection" Paragraph above if colors and other characteristics are preselected and specified or scheduled. Retain first paragraph below with or without above. 3. Samples for Verification: For each type of playground surface system indicated. 4. Retain list below to suit Project. 5. Retain paragraph below if several different types of surface systems are specified. 6. Product Schedule: For playground surface systems. 1.5 INFORMATIONAL SUBMITTALS A. Coordination Drawings: Plans, drawn to scale, on which the following items are shown and coordinated with each other, using input from Installers of the items involved: 1. Extent of surface systems and use zones for equipment. 2. Critical heights for playground surfaces and fall heights for equipment. 3. Coordinate first paragraph below with qualification requirements in Section 014000 "Quality Requirements" and as supplemented in "Quality Assurance" Article. B. Qualification Data: For qualified installer and testing agency, C. Product Certificates: For each type of unitary synthetic playground surface system, from manufacturer. D. Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing agency, for each unitary synthetic playground surface system. E. Field quality-control reports. F. Warranty: Sample of special warranty. PLAYGROUND PROTECTIVE SURFACING 321816 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1.6 CLOSEOUT SUBMITTALS A. Maintenance Data: For playground surface system to include in maintenance manuals. 1.7 MAINTENANCE MATERIAL SUBMITTALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Synthetic Tile Units: Full-size units equal to percent of amount installed, but no fewer than 3 units. 2. Termination Edge Units: 3 full-size units. 1.8 QUALITY ASSURANCE A. Installer Qualifications: Only Manufacturer's trained and approved installers shall be allowed to work on site. B. All components used in the installation of Safety Surfacing System shall be obtained from Surface America and/or its licensed distributors. No substitutions or additions shall be made without written permission from Landscape Architect. C. Standards and Guidelines: Comply with CPSC No. 325, "Handbook for Public Playground Safety"; ASTM F 1292; and ASTM F 1487. D. Systems to be considered equal to those specified here shall be approved by the Architect, in writing. 1.9 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit playground surface system installation to be performed according to manufacturers' written instructions and warranty requirements. B. Applicable standards 1. Shock attenuation under ASTM-F-1292- GMAX less than 200 2. Head injury criteria- less than 1000 3. Non-slip characteristics under ASTM-E-303 4. Flammability under ASTM-D-2859 5. Tensile strength ASTM D412 —60psi 6. Tear Resistance ASTM D624 — 140% C. Delivery storage and Handling 1. Deliver all materials in original unopened packages with proper labeling. PLAYGROUND PROTECTIVE SURFACING 321816 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 2. Store all materials in an appropriate location. Protecting it from weather and at temperatures not less than 40F(4C). E. Job Conditions 1. Install surfacing system when minimum ambient temperature is 40 degrees F (1 degree C) and maximum ambient temperature is 90 degrees F (32 degrees C). 1.10 WARRANTY A. 10-year warranty PART 2 - PRODUCTS A. Poured-in-Place Playground Surfacing distributed by the Playscape manufacturer. COMPOSITION & MATERIALS: Poured-in-Place surfacing is a 2-layer system consisting of a base mat of 100% post-consumer recycled SBR (styrene butadiene rubber) and polyurethane and a top surface consisting of recycled post-industrial EPDM (ethylene propylene diene monomer) rubber and aromatic or aliphatic urethane binder. The type of playground equipment determines the required base mat thickness, and the base mat thickness may be different at various locations on the playground site. Depending on ASTM F1292 requirements for critical fall height 4', 5', 6', 7', 8', 9', 10' or 12' (1.2, 1.75, 1.8, 2.1, 2.4, 2.7, 3.1 or 3.6 m), select base mat thickness from optional thicknesses 1 1/4 ", 1 1/2", 2", 2 1/2", 3", 3 1/2", 4", or 5" (31.75, 38, 51, 64, 76, 89, 102, or 127 mm), respectively. Specify project requirements and coordinate with working drawings. BASEMAT THICKNESSES: 1 1/4", 1 1/2", 2", 2 1/2", 3", 3 1/2", 4", 5" (31.75, 38, 51, 64, 76, 89, 102, 127 mm) TOP SURFACE THICKNESS: Nominal 1/2" (12.7 mm), minimum 3/8" (9.5mm), maximum 5/8" (15.9 mm) B. Compacted Stone Base 1. DEPTH: 4" minimum thickness - to be determined by local soil conditions. 2. SLOPE: Stone elevation shall maintain slope to drains or toward low end. Base must exhibit positive drainage in all areas. 3. COMPACTION: Density requirement is 90% compaction with final condition of stone as level and stable so as not to shift when traveled on or during surface installation process. 4. POROSITY: Stone base course shall maintain porosity for direct drainage. Care must be taken not to choke off porosity. 5. ENCLOSURE: Stone base course shall be surrounded by a retaining curb. Example: For a 2.5" system, top-of-curb elevation shall be 2.5" above top-of- compacted stone elevation. 6. STONE GRADATION U.S. Sieve Percent Passing 1" 100 PLAYGROUND PROTECTIVE SURFACING 321816 -4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 3/4" 90 - 100 No. 4 35 - 60 No. 30 10 - 30 No. 200 2 - 9 PART 3 — EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Installer present, for compliance with requirements for maximum moisture content, subgrade and substrate conditions, drainage, and other conditions affecting performance of the Work. 3.2 PREPARATION A. Surface Preparation: Using a brush or short nap roller, apply primer to the substrate perimeter and any adjacent vertical barriers such as playground equipment support legs, curbs or slabs that will contact the surfacing system at the rate of 300 ft2/gal (7.5 m2/L). B. Base Mat Installation: Using screeds and hand trowels, install the base mat at a con- sistent density of 29 pounds, 10 ounces per cubic foot (475 kg/m3) to the specified thickness. Allow base mat to cure for sufficient time so that indentations are not left in the base mat from applicator foot traffic or equipment. Do not allow foot traffic or use of the base mat surface until it is sufficiently cured. C. Primer Application: Using a brush or short nap roller, apply primer to the base mat perimeter and any adjacent vertical barriers such as playground equipment support legs, curbs or slabs that will contact the surfacing system at the rate of 300 ft2/gal (7.5 m2/L). D. Top Course Installation: Using a hand trowel, install base mat at a consistent density of 58 pounds, 9 ounces per cubic foot (938 kg/m3) to a nominal thickness of 1/2" (12.7 mm). Allow top course to cure for a minimum of 48 hours. At the end of the minimum curing period, verify that the top course is sufficiently dry and firm to allow foot traffic and use without damage to the surface. Do not allow foot traffic or use of the surface until it is sufficiently cured. 1.3 FIELD QUALITY CONTROL A. Testing Services: Testing and inspecting of completed applications of playground surface system shall take place according to ASTM F 1292. B. Remove and replace applications of playground surface system where test results indicate that it does not comply with requirements. C. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with requirements. D. PROTECTION 1. Prevent traffic over system for not less than 48 hours after installation. PLAYGROUND PROTECTIVE SURFACING 321816 -5 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK END OF SECTION 321816 PLAYGROUND PROTECTIVE SURFACING 321816 - 6 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 321823 - TENNIS COURT RESURFACING PART 1 —GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes resurfacing existing tennis court. All products manufactured by Sport Master(or approved equal) contact Kevin Tee (816) 809-6115. 1.4 SUBMITTALS A. General: Submit the following according to the Conditions of the Contract and Division 1 B. Specification Sections. 1. Product data for proprietary materials, others if requested by Owner's Representative. 2. Design mixes. Include revised mix proportions when characteristics of materials, project conditions,weather,test results, or other circumstances warrant adjustments. 3. Material certificates in lieu of material laboratory test reports when permitted by Owner's Representative. Manufacturer and Contractor certifying that each material item complies with or exceeds requirements shall sign material certificates. Provide certification from admixture manufacturers that chloride content complies with requirements. PART 2 — PRODUCTS (Not Applicable) PART 3 — EXECUTION 3.1 GENERAL 1. Allow asphalt emulsion filler coats used to dry thoroughly and rolled when dry with a minimum 1000 lb. Roller. 2. Do not apply if surface temperature is less than 50 deg. F. or more than 140 deg. F. 3. Do not apply over tar emulsion sealers. 4. Allow asphalt to cure for a minimum of 14 days. 5. Allow concrete to cure for a minimum of 28 days. 6. No curing agents allowed on concrete surfaces. 7. Do not store in hot sun. 8. Do not apply when rain is imminent. TENNIS COURT RESURFACING 321823 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 9. After diluting with water, use mixed material promptly. 10. Keep container tightly closed when not in use. 11. Keep from Freezing. 3.2 SURFACE PREPARATION: A. Surface Preparation: Thoroughly remove all dirt, dust, mud, oil, and all foreign matter. Do not use concrete preparer anti-coat over existing color coated concrete surfaces. Apply acrylic resurfacer and textured color coats directly to a clean existing color coat. B. Concrete Preparer: Uncoated concrete surface must be etched with concrete preparer solution as per manufacturer's recommendations. After drying, all material must be removed from surface. C. Primer Coat: Mix and apply epoxy primer according to manufacturer's recommendations. Use only on uncoated surfaces Consult manufacturer before mixing. D. Acrylic Underlayment:At least one application of Acrylic Resurfacer(green)shall be applied to the surface within 1-3 hours after the application of Ti-coat and while still tacky to fingertip touch. Dilution with water and sand is required as per manufacturer's recommendations E. Depressions: After the Acrylic Resurfacer has dried, the court shall be flooded to locate depressions covering a nickel. Depressions shall be filled with Court Patch Binder according the manufacturer's recommendation. F. Tack Coat: A tack coat is necessary under patches only and shall be mixed as per manufacturer's recommendations. 1. After patching the surface shall not vary more than 1/8 inch in 10 ft. measured in any direction. 3.3 Color Base A. Acrylic textured coats shall be applied by rubber bladed squeegee on a clean, dry surface in 3 applications to obtain a total quantity of not less than .15 nor more than .23 gallons per sq. yd. Of area, based on the material prior to any dilution. Dilution as per manufacturer's recommendations B. The finish surface shall have a uniform appearance and be free from ridges and tool marks. 3.4 Playing Lines A. 2-inch wide white textured playing line shall be accurately located, marked and painted with manufacturer's Line Paint as specified by the U.S. Tennis Association. END OF SECTION TENNIS COURT RESURFACING 321823 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 323113 - CHAIN LINK FENCES AND GATES PART 1 -GENERAL 1.1 SECTION INCLUDES A. Fence framework, fabric, and accessories. B. Excavation for post bases; concrete foundation for posts; and center drop for gates. C. Tennis court fencing. D. Manual gates and related hardware. E. Windscreen F. Practice Backboard 1.2 RELATED SECTIONS A. Section 033000 - Cast-in-Place Concrete: Concrete anchorage for post 1.03 REFERENCES A. ASTM A 121 - Standard Specification for Metallic-Coated Carbon Steel Barbed Wire; 1999 (Reapproved 2004). B. ASTM A 123/A 123M - Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products; 2002. C. ASTM A 153/A 153M - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware; 2004. D. ASTM A 392 - Standard Specification for Zinc-Coated Steel Chain-Link Fence Fabric; 2003. E. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2004a. F. ASTM A 1011/A 1011M - Standard Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, High-Strength Low-Alloy and High-Strength Low-Alloy with Improved Formability; 2004a. G. ASTM C 94/C 94M - Standard Specification for Ready-Mixed Concrete; 2004a. H. ASTM F 567 - Standard Practice for Installation of Chain-Link Fence; 2000. I. ASTM F 1043 - Standard Specification for Strength and Protective Coatings on Steel Industrial Chain Link Fence Framework; 2004. CHAIN LINK FENCES AND GATES 323113 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK J. ASTM F 1083 - Standard Specification for Pipe, Steel, Hot-Dipped Zinc-Coated (Galvanized) Welded, for Fence Structures; 2004. K. CLFMI CLF 2445 - Product Manual; Chain Link Fence Manufacturers Institute; 1997. 1.4 SUBMITTALS A. See Section 01300 -Administrative Requirements, for submittal procedures. B. Product Data: Provide data on fabric, posts, accessories, fittings and hardware. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing products specified in this section, with not less than three or years of documented experience. PART 2 - PRODUCTS 2.1 MATERIALS A. Posts, Rails, and Frames: ASTM A 1011/A 1011M, Designation SS; hot-rolled steel strip, cold formed to pipe configuration, longitudinally welded construction, minimum yield strength of 50 ksi; zinc coating conforming to ASTM F 1043 Type B on pipe exterior and interior. B. Wire Fabric: ASTM A 392 zinc coated steel chain link fabric; 9 gauge. C. Barbed Wire: Zinc-coated steel, complying with ASTM A 121 Type Z Coating Class 1; 2 strands of 0.099 inch; diameter wire, with 2-pointed barbs at 4 inches on center. D. Concrete: ASTM C 94/C 94M, ready-mixed; Portland Cement, 3000 psi strength at 28 days, 3 inch slump; 1 inch nominal sized coarse aggregate. 2.2 COMPONENTS A. Line Posts: As detailed; Schedule 40 steel pipe. B. Corner and Terminal Posts: As detailed; Schedule 40 steel pipe. C. Top and Brace Rail: As detailed, plain end, sleeve coupled. D. Gate Frame: 1.66 inch diameter for fittings and truss rod fabrication. E. Fabric: 2 inch diamond mesh interwoven wire, 9 gage thick, top selvage knuckle end closed, or twisted tight bottom selvage twisted tight or knuckle closed. CHAIN LINK FENCES AND GATES 323113 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK F. Tension Wire: 6 gage thick steel, single strand. G. Tension Band: 3/32 inch thick steel. H. Tension Strap: 3/32 inch thick steel. I. Tie Wire: Aluminum alloy steel wire. 2.3 ACCESSORIES A. Caps: Cast steel galvanized; sized to post diameter, set screw retainer. B. Fittings: Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings; steel. C. Extension Arms: Cast steel galvanized, to accommodate 3; 6; or 4 strands of barbed wire, single arm, vertical or sloped to 45 degrees. D. Hardware for Single Swinging Gates: 180 degree hinges, 2 for gates up to 60 inches; fork latch with gravity drop and padlock hasp; keeper to hold gate in fully open position. E. Windscreen: ACC-80 Black Windscreen, Manufactured by All Court Covers, 1877- 393-9726 F. Practice back broad: 10'x28' backboard, manufactured by Rally Master Backboards 1-800-725-5916 2.4 FINISHES A. Components (Other than Fabric): Galvanized in accordance with ASTM A 123/A 123M, at 1.7 oz/sq ft. B. Components and Fabric: Vinyl coating, black color over coating of 1.8 oz/sq ft galvanizing. C. Vinyl Components: black color. D. Hardware: Black hot-dip galvanized to weight required by ASTM A 153/A 153M. E. Accessories: Same finish as framing or fabric. PART 3— EXECUTION 3.1 INSTALLATION A. Install framework, fabric, accessories and gates in accordance with ASTM F 567. B. Place fabric on inside of posts and rails. CHAIN LINK FENCES AND GATES 323113 - 3 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK C. Set intermediate, terminal and gate posts plumb, in concrete footings with top of footing 2 inches (50 mm) above finish grade. Slope top of concrete for water runoff. D. Line Post Footing Depth Below Finish Grade: ASTM F 567. E. Corner, Gate and Terminal Post Footing Depth Below Finish Grade: ASTM F 567. F. Brace each gate and corner post to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail one bay from end and gate posts. G. Brace each corner post to adjacent line post with horizontal center brace rails. Install brace rail in each bay. H. Provide top rail through line post tops and splice with 6 inch long rail sleeves. I. Install center and bottom brace rail on corner gate leaves. J. Do not stretch fabric until concrete foundation has cured 28 days. K. Stretch fabric between terminal posts or at intervals of 100 feet maximum, whichever is less. L. Position bottom of fabric 2 inches above finished grade. M. Fasten fabric to top rail, line posts, braces, and bottom tension wire with tie wire at maximum 15 inches on centers. N. Attach fabric to end, corner, and gate posts with tension bars and tension bar clips. O. Install bottom tension wire stretched taut between terminal posts. P. Install support arms sloped inward or outward and attach barbed wire; tension and secure. Q. Install gate with fabric and barbed wire overhang to match fence. Install hardware. R. Provide concrete center drop to footing depth and drop rod retainers at center of double gate openings. 3.2 ERECTION TOLERANCES A. Maximum Variation From Plumb: 1/4 inch. B. Maximum Offset From True Position: 1/4 inch. END OF SECTION 323113 CHAIN LINK FENCES AND GATES 323113 - 4 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK SECTION 329223 — SODDING PART 1- GENERAL 1.1 SECTION INCLUDES A. Fertilizing. B. Sod installation. 1.2 REFERENCES A. TPI (SPEC) - Guideline Specifications to Turfgrass Sodding; Turfgrass Producers International; 1995. 1.3 DEFINITIONS A. Weeds: Includes Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel, and Brome Grass. 1. 4 SUBMITTALS A. See Section 01300 -Administrative Requirements, for submittal procedures. B. Certification: Submit certification of grass species and location of sod source. 1.5 QUALITY ASSURANCE A. Sod Producer: Company specializing in sod production and harvesting with minimum five years experience, and certified by the State of Texas. B. Installer Qualifications: Company approved by the sod producer 1.6 REGULATORY REQUIREMENTS A. Comply with regulatory agencies for fertilizer and herbicide composition. SODDING 329223 - 1 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK 1.7 DELIVERY, STORAGE, AND HANDLING A. Deliver sod on pallets or in rolls. Protect exposed roots from dehydration. B. Do not deliver more sod than can be laid within 24 hours. 1.8 MAINTENANCE SERVICE A. Furnish service and maintenance of sodded areas for three months from Date of Substantial Completion. PART 2- PRODUCTS 2.01 MATERIALS A. Sod: TPI, Certified Turfgrass Sod, cultivated grass sod with strong fibrous root system, free of stones, burned or bare spots; containing no more than 5 weeds per 1000 sq ft. Minimum age of 18 months, with root development that will support its own weight without tearing, when suspended vertically by holding the upper two corners. 1. St Augustine Sod,Grass Type: 100 percent. Distributed by Doguet's Turf Farm, St. Augustine grass 409-866-8873 B. Water: Clean, fresh and free of substances or matter which could inhibit vigorous growth of grass. 2.2 ACCESSORIES A. Topdressing: Sand and compost soil mix, screened, manufactured by New Earth, LLC (210) 661-5180. 2.3 HARVESTING SOD A. Machine cut sod and load on pallets in accordance with TPI Guidelines. PART 3- EXECUTION 3.1 EXAMINATION SODDING 329223 - 2 PARK IMPROVEMENTS FOR CITY OF PORT ARTHUR ROSE HILL PARK, GRIFFING PARK, & HERMAN PARK A. Verify that prepared soil base is ready to receive the work of this section. 3.2 FERTILIZING A. Apply fertilizer at rate to apply 1 pound nitrogen per 1000 square feet. B. Apply fertilizer at a rate of the percentages recommended by the soils analysis conducted by contractor, C. Apply after smooth raking of topsoil and prior to installation of sod. D. Apply lawn fertilizer no more than 48 hours before laying sod. E. Mix thoroughly into upper 2 inches of topsoil. F. Lightly water to aid the dissipation of fertilizer. 3.3 LAYING SOD A. Moisten prepared surface immediately prior to laying sod. B. Lay sod immediately after delivery to site; within 24 hours after harvesting to prevent deterioration. C. Lay sod tight with no open joints visible, and no overlapping; stagger end joints 12 inches minimum. Do not stretch or overlap sod pieces. 1. Fill gaps between sod squares with top dressing. D. Lay smooth. Align with adjoining grass areas. E. Water sodded areas immediately after installation. Saturate sod to 4 inches of soil. F. After sod and soil have dried, roll sodded areas to ensure good bond between sod and soil and to remove minor depressions and irregularities. Roll sodded areas with roller not exceeding 100-150 lbs.per lineal foot of roller. 3.6 CLEAN-UP PROTECTION A. After sodding operations are finished, pick-up debris and thoroughly clean all paved areas by sweeping, and if necessary, by power B. Protect sodded areas with warning signs during maintenance period. END OF SECTION 329223 SODDING 329223 - 3