Note to Bidders

The bidding for the Food Service Equipment (Coolers & Freezers) on this project is being re-issued as a partial set of documents sampled from a larger project.

The successful bidder will be required to enter into a contract with Riley Construction Company Inc, that will reference the entire set of construction documents for this project.

A complete set of these documents can be made available for review at Riley Construction Company by contacting Paul Miller by phone at 1-262- 658-4381.

Refer to sections listed below:

00 41 00 For Documents that will be required prior to award 01 10 00 For Project Information 01 12 00 For Contract Scope and Invoicing requirements related to this bid package.

01 32 00 For the Construction Schedule 01 33 00 For Project Submittal Requirements

MFleming Typewritten Text Bid #1921 Project Manual

MFleming Typewritten Text

MFleming Typewritten Text

MFleming Typewritten Text

Kenosha County � Joint Services Evidence Storage Renovation Summary - Section 01 10 00

Excerpt prepared for the rebid of Food Service Package

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SECTION 011000 - SUMMARY

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes:

1. Project information.

2. Work covered by Contract Documents.

3. Phased construction.

4. Work under separate contracts.

5. Future work.

6. Access to site.

7. Coordination with occupants.

8. Work restrictions.

9. 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.

1.3 PROJECT INFORMATION

A. Project Identification: Kenosha Joint Services � Evidence Storage Renovation.

1. Project Location: Public Safety Building - 1000 55th Street, Kenosha, WI 53140.

B. Owner: Kenosha County, 19600 � 75th Street, Bristol, WI 53104-9772.

1. Owner's Representative: Frank Martinelli

C. Architect: FGM Architects � 219 N. Milwaukee Street, Suite 325, Milwaukee, WI 53202.

1. Representative: Andrew Mayo

D. Construction Manager: Riley Construction Company, Inc. � 5301 99th Ave, Kenosha, WI 53144

1. Representative: Paul Miller

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2. Construction Manager for this Project is Project's constructor. In Divisions 01 through 49 Sections, the terms "Construction Manager" and "Contractor" are synonymous.

1.4 WORK COVERED BY CONTRACT DOCUMENTS

A. The Work of the Project is defined by the Contract Documents and consists of the following:

1. The Public Safety Building - This project consists of remodeling of areas within the existing multi-story building. These areas includes providing temporary evidence storage areas, and phased renovation of the existing evidence storage, processing, and handling spaces.

2. The existing building is a three story 205,000 SF building that houses the City of Kenosha Police Department, the Kenosha County Sheriff's Department and Kenosha City & County Joint Services. Work includes: selective demolition, misc carpentry, new drywall partitions and finishes, misc patching, high density evidence storage systems, new cooler / freezers, and MEPF infrastructure to support the project.

B. Type of Contract

1. Project will be constructed under a single prime contract with the Construction Manager.

2. See Division 01 Section "Multiple Contract Summary" for a description of work included under each of the subcontracts and for the responsibilities of the Project Manager.

1.5 PHASED CONSTRUCTION

A. The Work shall be conducted in multiple phases, with each phase substantially complete as indicated (see reference schedule):

1. Phase 1: Create Temporary Evidence Storage Space on the Lower Level of the PSB. This work is expected to start and finish in January of 2020 for occupancy by Joint Services.

2. Phase 2: Selective Demolition and Installation of the new evidence Cooler / Freezers .

This phase will follow phase 1 and should be substantially complete by early March 2020.

3. Phase 3: Renovation of the remaining Evidence Storage areas on the first floor of the PSB. This phase will follow phase 2 and is anticipated for completion by early April 2020.

4. Phase 4: Demobilization of the Temporary Evidence Storage Area. This work is expected to take place in June of 2020 upon the relocation of evidence by the Kenosha Joint Services Department.

B. Before commencing Work of each phase, submit an updated copy of the Contractor's construction schedule showing the sequence, commencement and completion dates for all phases of the Work.

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1.6 WORK BY OWNER

A. General: Cooperate fully with Owner so work may be carried out smoothly, without interfering with or delaying work under this Contract or work by Owner. Coordinate the Work of this Contract with work performed by Owner.

1.7 WORK UNDER SEPARATE SUBCONTRACTS

A. General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract or other contracts.

Coordinate the Work of this Contract with work performed under separate contracts.

1.8 ACCESS TO SITE

A. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.

B. Use of Site: Limit use of Project site to areas within the Contract limits as indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.

1. Limits: Confine construction operations to construction areas as indicated in project documents. Work inside the building will require coordination with, and approval by, the Owner.

2. Driveways, Walkways and Entrances: Keep driveways 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.

C. Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weather tight condition throughout construction period. Repair damage caused by construction operations.

D. Authorization Forms: All tradesmen who will be working inside the building will be required to provide the Security Authorization form which is included in section 01 33 00a Submittal Procedures. Refusal to provide the completed form will be grounds for dismissal from the project site.

1.9 COORDINATION WITH OCCUPANTS

A. Full Owner Occupancy: Owner will occupy site and existing building(s) during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's day-to-day operations. Maintain existing exits unless otherwise indicated.

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1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and approval of authorities having jurisdiction.

2. Notify the Owner not less than [72] hours in advance of activities that will affect Owner's operations.

1.10 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. On-Site Work Hours: Limit work in the existing building to normal business working hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, except as otherwise indicated.

1. Weekend Hours: to be preapproved by Owner and Construction Manager.

2. Early Morning Hours: to be preapproved by Owner and Construction Manager.

3. Hours for Utility Shutdowns: to be approved by Owner and Construction Manager.

4. Hours for noisy activating, including but not limited to, cutting, coring, drilling, hammering, or similar: to be approved by Owner and Construction Manager.

C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated:

1. Notify Riley Construction Company, Inc. not less than three days in advance of proposed utility interruptions.

2. Obtain Riley Construction Company, Inc.�s written permission before proceeding with utility interruptions.

D. 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 Riley Construction Company, Inc. not less than two days in advance of proposed disruptive operations.

2. Obtain Riley Construction Company, Inc.�s written permission before proceeding with disruptive operations.

E. Nonsmoking Building: Smoking is not permitted within the building or within 25 feet (8 m) of entrances, operable windows, or outdoor air intakes.

F. Controlled Substances: Use of tobacco products and other controlled on the Project site is not permitted.

G. Employee Identification: Owner may provide identification tags for Contractor personnel working on the Project site. Require personnel to utilize identification tags at all times.

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H. Employee Screening: Comply with Owner's requirements regarding background screening of Contractor personnel working on the Project site.

1. Maintain list of approved screened personnel with Owner's Representative.

2. Contractor�s onsite employees are required to provide background information per attached form. This form shall be completed and provided to Riley Construction at least 72 hours before the employee will be on site.

1.11 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 published as part of the U.S. National CAD Standard and scheduled on Drawings.

3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual.

1.12 MISCELLANEOUS PROVISIONS

1.13 INDEMNIFICATION

A. To the fullest extent permitted by Law, Contractor shall indemnify, defend, protect and hold harmless Riley Construction Company, Inc. and all other Indemnified Parties, their respective parents, members, subsidiaries, related corporations, officers, agents, and employees from and against any and all liabilities, injuries, claims, demands, damages, loss, costs and expenses including but not limited to, reasonable attorney�s fees, provided that such liability, injury, claim, demand, loss, cost or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, (including loss of use) but only to the extent caused or alleged to be caused in whole or in part by the negligent acts or omissions of the Contractor, anyone directly or indirectly employed by the Contractor or anyone for whose acts

P a g e | 6 the Contractor may be liable regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to any Indemnified Party.

B. Any and all claims made or brought against the Indemnified Parties by the employee if the Contractor, anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable, the Indemnification obligations of this provision shall not be limited in any way by a limitation of the amount or type of damages, compensation, or benefits payable by or for the Contractor under worker�s compensation acts, disability benefit acts or other employee benefit acts. This includes any and all rights under �Kotecki� or similar doctrines.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

End of Section

Multiple Contract Summary � Section 01 12 00

3.0 SUBCONTRACT LANGUAGE FOR ALL CONTRACTS

GENERAL SCOPE OF WORK INCLUSIONS:

1. Labor, material and equipment necessary to perform the above section(s) of work per plans and specifications as prepared by FGM Architects, dated 10/21/19

2. Addenda as outlined below have been reviewed in their entirety and are incorporated as part of this contract:

3. The following alternates are incorporated as part of this contract:

4. Compliance with city of Kenosha licensing requirements for contractors.

5. Compliance with all OSHA, local, and RCCI safety requirements. Including all required safety equipment and measures to meet OSHA standards for this scope of work.

6. Provide all insurance requirements as required by RCCI, attached here to prior to starting on-site.

7. Attendance at job site meetings is required unless excused in writing by Riley's project manager. Minimally, attendance is required at the pre-construction meeting, pre-install meetings (including the installing supervisor), weekly coordination meetings, weekly foreman meetings, daily end of shift huddle, pull plan meetings and all meetings when subcontractor is delinquent with subcontract requirements, three (3) weeks prior to commencement of subcontract work, while subcontractor has crews on site, and up to three (3) weeks subsequent to completion of work on site. Failure to attend will result in a back-charge of $500 being assessed without warning or notice.

8. Pro-actively participate in design and coordination meetings involving other trades. Identify installation needs prior to start of work as necessary for proper installation coordination. Contractor is responsible for reviewing all project documents to coordinate and anticipate conflicts with other trades, and to determine layout locations. No allowance for price increase will be allowed for the trade contractors failure to coordinate during construction, with other contractors and with the project documents.

9. Permits

10. All plans & specs will be provided to subcontractors electronically. All copies will be made at the expense of this subcontractor. It is the responsibility of this subcontractor to download plans & specs from Riley's website.

Failure to do so will not excuse nonperformance or constitute additional time.

11. Upload all submittals to Procore no later than Click or tap to enter a date. If required by contract, this contractor also agrees to provide three (3) hard copies of approved submittals to Riley Construction for record documents.

Partial submittals are not acceptable and will not be reviewed or submitted to Architect for approval.

12. Upload all closeouts to Procore at least two (2) weeks prior to Project Substantial Completion. If required, this contractor also agrees to provide hard copies of all documents.

13. Provide all coordination drawing submittals as required in the Building Information Modeling and Coordination Exhibit.

14. Pricing for Changes in the Work will be submitted within five (5) business days of receiving the request for proposal / quote from Riley Construction Company. All prices not submitted in this time-frame will be considered incidental to the cost of the work (at the discretion of Riley project manager) and adjustment will be made to the subcontract amount. This includes a complete breakdown of proposed changes.

15. Project lay-down area is extremely limited, and all suppliers shall assume that material deliveries will be made on a "just in time" basis. On site storage will be awarded solely by the on-site superintendent on an "as need" basis.

No bulk material deliveries will be accepted at the project site without prior approval by the on-site superintendent.

16. If it is determined by the on-site superintendent that this subcontractor is delaying or disrupting the progress of the project, this subcontractor will be required to work multiple shifts, extended hours, and/or weekend hours at their cost.

17. Freight to job site, unloading, and hoisting. Subcontractors and suppliers are responsible for freight, unloading and hoisting of their own materials and equipment. RCCI may NOT have a lull or forklift on-site full-time.

18. All field measurements, field verifications, and any necessary layout/surveying.

19. All cutting, coring and patching as may pertain to this section of work. This includes, but is not limited to, patching of any applied fireproofing and intumescent mastic fireproofing, damaged or removed as a result of this contractor�s activities.

20. Provide and maintain all existing conditions, temporary utilities, partitions, weather service, safety protection required for the installation of work in this scope.

21. Includes all protection to existing or finished materials during installation of this scope of work. Cost to repair any damage caused by installation of this scope of work to surrounding materials will be the sole responsibility of this contractor.

22. Mobilizations for phased work to complete work in accordance with RCCI project schedule.

23. A minimum 1-year labor, material, and equipment warranty for all work provided. Provide additional warranties where required by the project plans and specifications.

24. The cost for restarting failed work installed under this subcontract will be paid by this contractor.

25. Provide joint sealants (acoustical, general, or rated) at all penetrations through floors, ceilings, partitions, and finished surfaces. This includes installation of a UL listed firestopping system at all penetrations through rated assemblies. Riley reserves the right to hire an independent firestopping contractor to repair all failed penetrations at this subcontractor's expense.

26. All work within a listed specification section is provided by this subcontractor, unless otherwise noted by Riley in this subcontractor's scope of work. All references to work provided by other trades (the GC, CM, EC, etc.) should be ignored.

27. All work will be performed by employees of this subcontractor. If this subcontractor determines that a portion of the work will be provided by a secondary subcontractor, they are either listed below or a list will be provided to Riley Construction's project manager in writing prior to any mobilization on site.

�Click here and insert Subcontracted Work� �Click here and insert Subcontracted Work� �Click here and insert Subcontracted Work� �Click here and insert Subcontracted Work�

28. Schedule is of the utmost importance and will be maintained by this subcontractor.

Fabrication after approval: Fab Date

Delivery to job site after approval: Delivery Date Duration of installation: # of Wks/Days Crew Size: Rate

29. Labor Rates:

Foreman Rate Journeyman Rate Apprentice Rate

3.1 SPECIFIC SUBCONTRACT LANGUAGE

Bid Package #11.1 � Coolers & Freezers

07 84 13 � Penetration Fire Stopping 11 40 00 � Food Service Equipment 40 78 63 � Alarm Dialers (for coordination of temp sensor only)

ADDITIONAL SCOPE OF WORK INCLUSIONS

1. Provide and install the freezer and coolers as indicated in the documents.

2. Remove and dispose / salvage the existing walk-in cooler / freezers. These items will not be allowed to be placed in the GC�s dumpster, and must be removed from the site by this subcontractor.

3. The exterior cooler door and freezer door must be pad lockable from the exterior with free exiting.

4. Include an allowance of $1500 for floor scanning.

5.

SCOPE OF WORK EXCLUSIONS:

1. Excludes Alarm Dialer provided by the EC 2.

THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA

AGC DOCUMENT NO. 650

STANDARD FORM OF AGREEMENT

BETWEEN RILEY CONSTRUCTION AND SUBCONTRACTOR

This document is endorsed by The Associated Specialty Contractors, Inc.

Among the participants was The Associated Special Contractors, Inc. (ASC), an umbrella organization composed of the following eight specialty contractor groups: Mason Contractors Association of America, Mechanical Contractors of America, National Electrical Contractors Association, National Insulation Association, National Roofing Contractors Association, Painting and Decorating Contractors of America, Plumbing-Heating-Cooling Contractors National Association, and Sheet Metal and Air Conditioning Contractors National Association. ASC has approved and endorsed this document, AGC 650.

TABLE OF ARTICLES

1. AGREEMENT

2. SCOPE OF WORK

3. SUBCONTRACTOR�S RESPONSIBILITIES

4. RILEY CONSTRUCTION�S RESPONSIBILITIES

5. PROGRESS SCHEDULE

6. SUBCONTRACT AMOUNT

7. CHANGES IN THE SUBCONTRACT WORK

8. PAYMENT

9. INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION

10. RILEY CONSTRUCTION�S RIGHT TO PERFORM SUBCONTRACTOR�S RESPONSIBILITIES AND

TERMINATION OF AGREEMENT

11. DISPUTE RESOLUTION

12. MISCELLANEOUS PROVISIONS

13. EXISTING SUBCONTRACT DOCUMENTS

This Agreement has important legal and insurance consequences. Consultation with an attorney and an insurance consultant is encouraged with respect to its completion or modification.

Subcontract #: Contract Templates 2019

ARTICLE 1

AGREEMENT

This Agreement is made by and between

Riley Construction Company, Inc.

N19 W23993 Ridgeview Parkway, Suite 150 Waukesha, WI 53188 and the

SUBCONTRACTOR:

Riley Construction Company, Inc.

5301 - 99th Avenue Kenosha, WI 53144 for services in connection with the

SUBCONTRACT WORK:

Subcontract #: Contract Templates 2019 for the following

PROJECT:

Wisconsin Group Staff Meeting Job, Riley Job # 0004-whose OWNER is:

The ARCHITECT/ENGINEER for the project is:

Notice to the parties shall be given at the above addresses.

ARTICLE 2

SCOPE OF WORK

2.1 SUBCONTRACT WORK Riley Construction contracts with the Subcontractor as an independent Subcontractor to provide all labor, materials, equipment and services necessary or incidental to complete the work described in Article 1 for the Project in accordance with, and reasonably inferable from, that which is indicated in the Subcontract Documents, and consistent with the Progress Schedule, as may change from time to time. The Subcontractor shall perform the Subcontract Work under the general direction of Riley Construction and in accordance with the Subcontract Documents.

2.2 RILEY CONSTRUCTION�S WORK Riley Construction�s work is the construction and services required of Riley

Construction to fulfill its obligations pursuant to its agreement with the Owner (the Work). The Subcontract Work is a portion of the Work.

2.3 SUBCONTRACT DOCUMENTS The Subcontract Documents include this Agreement, the agreement between Owner and Riley Construction (the "Owner-Riley Construction Agreement"), special conditions, general conditions, all Owner and contractor safety guidelines and programs applicable to the project, specifications, drawings, addenda, Subcontract Change Orders, amendments and any pending and exercised alternates. Riley Construction shall make available to the Subcontractor, prior to the execution of the Subcontract Agreement, copies of the Contract Documents to which the Subcontractor will be bound.

The Subcontractor similarly shall make copies of applicable portions of the Subcontract Documents available to its proposed subcontractors and suppliers. Nothing shall prohibit the Subcontractor from obtaining copies of the Subcontract Documents that directly apply to the Subcontract Work from Riley Construction at any time after the Subcontract Agreement is executed.

2.4 CONFLICTS In the event of a conflict between this Agreement and the other Subcontract Documents, this Agreement shall govern.

2.5 EXTENT OF AGREEMENT Nothing in this Agreement shall be construed to create a contractual relationship between persons or entities other than Riley Construction and Subcontractor. This Agreement is solely for the benefit of the parties, represents the entire and integrated agreement between the parties, and supersedes all prior negotiations, representations, or agreements, either written or oral.

2.6 DEFINITIONS

2.6.1 Wherever the term Progress Schedule is used in this Agreement, it shall mean Project Schedule or such other words of similar import when such terms are used in the Subcontract Documents.

2.6.2 Whenever the term Change Order or Subcontract Change Order is used in this Agreement, it shall mean Change

Document or such other words of similar import when such terms are used in the Subcontract Documents.

2.6.3 Unless otherwise indicated, the term Day shall mean calendar day.

ARTICLE 3

SUBCONTRACTOR�S RESPONSIBILITIES

3.1 OBLIGATIONS Riley Construction and Subcontractor are hereby mutually bound by the terms of this Agreement. To the extent the terms of the Owner-Riley Construction Agreement apply to the work of the Subcontractor, then Riley Construction hereby assumes toward the Subcontractor all the obligations, rights, duties, and redress that the Owner under the prime contract assumes toward Riley Construction. In an identical way, the Subcontractor hereby assumes toward Riley Construction all the same obligations, rights, duties, and redress that Riley Construction assumes toward the Owner and Architect under the prime contract. In the event of an inconsistency among the documents, the specific terms of this Subcontract shall govern. Further, the Subcontractor acknowledges that the Subcontract Documents, including the Owner-Riley Construction Agreement may include limits, terms or conditions which are in excess of those set forth in this Agreement or which are otherwise more restrictive.

The Subcontractor agrees that it shall comply with the highest standards or requirements required by the Subcontract Documents, including the Owner-Riley Construction Agreement and shall comply with the greatest restrictions set forth in the Subcontract Documents, including the Owner-Riley Construction Agreement.

3.2 RESPONSIBILITIES The Subcontractor agrees to furnish its best skill and judgment in the performance of the Subcontract Work and to cooperate with Riley Construction so that Riley Construction may fulfill its obligations to the Owner.

The Subcontractor shall furnish all of the labor, materials, equipment, and services, including but not limited to, competent supervision, shop drawings, samples, tools, and scaffolding as are necessary for the proper performance of the Subcontract Work. The Subcontractor shall provide Riley Construction a list of its proposed subcontractors and suppliers, and be responsible for taking field dimensions, providing tests, obtaining required permits related to the Subcontract Work and affidavits, ordering of materials and all other actions as required to meet the Progress Schedule.

3.3 INCONSISTENCIES AND OMISSIONS The Subcontractor shall make a careful analysis and comparison of the drawings, specifications, other Subcontract Documents and information furnished by the Owner relative to the Subcontract Work.

Such analysis and comparison shall be for the purpose of facilitating the Subcontract Work. Should the Subcontractor discover any errors, inconsistencies or omissions in the Subcontract Documents or any non-compliance with applicable laws, statutes, ordinances, building codes, rules or regulations, the Subcontractor shall report such discoveries to Riley Construction in writing within three (3) days. Upon receipt of notice, Riley Construction shall instruct the Subcontractor as to the measures to be taken, and the Subcontractor shall comply with Riley Construction�s instructions. If the Subcontractor performs work knowing it to be contrary to any applicable laws, statutes, ordinances, building codes, rules or regulations without notice to Riley Construction and advance approval by appropriate authorities, including Riley Construction, the Subcontractor shall assume appropriate responsibility for such work and shall bear all associated costs, charges, fees and expenses necessarily incurred to remedy the violation. Nothing in this Paragraph 3.3 shall relieve the Subcontractor of responsibility for its own errors, inconsistencies and omissions.

3.4 SITE VISITATION Prior to performing any portion of the Subcontract Work, the Subcontractor shall conduct a visual inspection of the Project site to become generally familiar with local conditions and to correlate site observations with the Subcontract Documents. If the Subcontractor discovers any discrepancies between its site observations and the Subcontract Documents, such discrepancies shall be promptly reported to Riley Construction.

3.5 INCREASED COSTS AND / OR TIME The Subcontractor may assert a Claim as provided in Article 7 if Riley Construction�s clarifications or instructions in response to requests for information are believed to require additional time or cost.

If the Subcontractor fails to perform the reviews and comparisons required in Paragraphs 3.3 and 3.4, above, to the extent Riley Construction is held liable to the Owner because of the Subcontractor�s failure, the Subcontractor shall pay the costs and damages to Riley Construction that would have been avoided if the Subcontractor had performed those obligations.

3.6 COMMUNICATIONS Unless otherwise provided in the Subcontract Documents and except for emergencies, Subcontractor shall direct all communications related to the Project to Riley Construction.

3.7 SUBMITTALS

3.7.1 The Subcontractor shall promptly submit for approval to Riley Construction all shop drawings, samples, product data, manufacturers� literature and similar submittals required by the Subcontract Documents. The Subcontractor shall be responsible to Riley Construction for the accuracy and conformity of its submittals to the Subcontract Documents. The Subcontractor shall prepare and deliver its submittals to Riley Construction no later than Click & insert submittal due date" and in such time and sequence so as not to delay Riley Construction or others in the performance of the Work. The approval of any Subcontractor submittal shall not be deemed to authorize deviations, substitutions or changes in the requirements of the Subcontract Documents unless express written approval is obtained from Riley Construction and Owner authorizing such deviation, substitution or change. In the event that the Subcontract Documents do not contain submittal requirements pertaining to the Subcontract Work, the Subcontractor agrees upon request to submit in a timely fashion to Riley Construction for approval any shop drawings, samples, product data, manufacturers� literature or similar submittals as may reasonably be required by Riley

Construction, Owner or Architect.

3.7.2 Riley Construction, Owner, and Architect are entitled to rely on the adequacy, accuracy and completeness of any professional certifications required by the Subcontract Documents concerning the performance criteria of systems, equipment or materials, including all relevant calculations and any governing performance requirements.

3.8 DESIGN DELEGATION

3.8.1 If the Subcontract Documents (1) specifically require the Subcontractor to provide design services and (2) specify all design and performance criteria, the Subcontractor shall provide those design services necessary to satisfactorily complete the Subcontract Work. Design services provided by the Subcontractor shall be procured from licensed design professionals retained by the Subcontractor as permitted by the law of the place where the Project is located (the Designer). The Designer�s signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by the Designer. Shop Drawings and other submittals related to the Subcontract Work designed or certified by the Designer, if prepared by others, shall bear the Subcontractor�s and the Designer�s written approvals when submitted to Riley Construction.

Riley Construction shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by the Designer.

3.8.2 If the Designer is an independent professional, the design services shall be procured pursuant to a separate agreement between the Subcontractor and the Designer. The Subcontractor-Designer agreement shall not provide for any limitation of liability, except to the extent that consequential damage is waived pursuant to Paragraph 5.4. The Designer(s) is (are) _______________________________ .The Subcontractor shall notify Riley Construction in writing if it intends to change the Designer. The Subcontractor shall be responsible for conformance of its design with the information given and the design concept expressed in the Subcontract Documents. The Subcontractor shall not be responsible for the adequacy of the performance or design criteria required by the Subcontract Documents.

3.8.3 The Subcontractor shall not be required to provide design services in violation of any applicable law.

3.9 TEMPORARY SERVICES Subcontractor�s responsibilities for temporary services are set forth in Exhibit "H".

3.10 COORDINATION The Subcontractor shall:

3.10.1 cooperate with Riley Construction and all others whose work may interface with the Subcontract Work;

3.10.2 specifically note and immediately advise Riley Construction of any such interface with the Subcontract Work; and

3.10.3 participate in the preparation of coordination drawings and work schedules in areas of congestion.

3.11 SUBCONTRACTOR�S REPRESENTATIVE The Subcontractor shall designate a person, subject to Riley Construction�s approval, who shall be the Subcontractor�s authorized representative. This representative shall be the only person to whom Riley Construction shall issue instructions, orders or directions, except in an emergency. The Subcontractor�s representative is Gale Nevala who is agreed to by Riley Construction.

3.12 TESTS AND INSPECTIONS The Subcontractor shall schedule all required tests, approvals and inspections of the Subcontract Work at appropriate times so as not to delay the progress of the work. The Subcontractor shall give proper written notice to all required parties of such tests, approvals and inspections. The Subcontractor shall bear all expenses associated with tests, inspections and approvals required of the Subcontractor by the Subcontract Documents, which, unless otherwise agreed to, shall be conducted by an independent testing laboratory or entity approved by Riley Construction and Owner.

Required certificates of testing, approval or inspection shall, unless otherwise required by the Subcontract Documents, be secured by the Subcontractor and promptly delivered to Riley Construction.

3.13 CLEANUP

3.13.1 The Subcontractor shall, at all times during its performance of the Subcontract Work, keep the Work site clean and free from debris resulting from the Subcontract Work. Prior to discontinuing the Subcontract Work in an area, the Subcontractor shall clean the area and remove all its rubbish and its construction equipment, tools, machinery, waste and surplus materials.

Subcontractor shall make provisions to minimize and confine dust and debris resulting from the construction activities. The Subcontractor shall not be held responsible for unclean conditions caused by others for whom the Subcontractor is not responsible.

3.13.2 If the Subcontractor fails to commence compliance with cleanup duties within forty-eight (48) hours after written notification from Riley Construction of non-compliance, Riley Construction may implement appropriate cleanup measures without further notice and the cost thereof shall be deducted from any amounts due or to become due the Subcontractor.

3.14 SAFETY

3.14.1 The Subcontractor is required to perform the Subcontract Work in a safe and reasonable manner. The Subcontractor shall seek to avoid injury, loss or damage to persons or property by taking all necessary measures to protect:

3.14.1.1 employees and other persons at the site;

3.14.1.2 materials and equipment stored at the site or at off-site locations for use in performance of the Work; and

3.14.1.3 all property and structures located at the site and adjacent to work areas, whether or not said property or structures are part of the Project or involved in the Work.

3.14.2 The Subcontractor shall give all required notices and comply with all applicable rules, regulations, orders and other lawful requirements established to prevent injury, loss or damage to persons or property, including, but not limited to, Occupational Safety & Health Administration (OSHA) laws and regulations.

3.14.3 The Subcontractor shall implement appropriate safety measures pertaining to the Subcontract Work and the Project, including establishing safety rules and programs, posting appropriate warnings and notices, erecting safety barriers, and establishing proper notice procedures to protect persons and property at the site and adjacent to the site from injury, loss or damage.

3.14.4 The Subcontractor shall exercise extreme care in carrying out any of the Subcontract Work which involves dangerous methods of construction or hazardous procedures, materials, or equipment. The Subcontractor shall use properly qualified individuals or entities to carry out the Subcontract Work in a safe and reasonable manner so as to reduce the risk of bodily injury or property damage.

3.14.5 Damage or loss not insured under property insurance, which may arise from the performance of the Subcontract Work to the extent of the negligence attributed to such acts or omissions of the Subcontractor, or anyone for whose acts the Subcontractor may be liable, shall be promptly remedied by the Subcontractor.

3.14.6 The Subcontractor is required to designate an individual at the site in the employ of the Subcontractor who shall act as the Subcontractor�s designated safety representative with a duty to prevent accidents. Unless otherwise identified by the

Subcontractor in writing to Riley Construction, the designated safety representative shall be the Subcontractor�s project superintendent.

3.14.7 The Subcontractor has an affirmative duty not to overload the structures or conditions at the site and shall take reasonable steps not to load any part of the structures or site so as to give rise to an unsafe condition or create an unreasonable risk of bodily injury or property damage. The Subcontractor shall have the right to request, in writing, from Riley Construction loading information concerning the structures at the site.

3.14.8 The Subcontractor shall give prompt written notice to Riley Construction of any accident involving bodily injury and/or property.

3.14.9 Prevention of accidents at the site is the responsibility of all Contractors, Subcontractors, persons and entities at the site. Establishment of a safety program by Riley Construction shall not relieve the Subcontractor or other parties of their safety responsibilities. The Subcontractor shall establish its own safety program implementing safety measures, policies and standards conforming to those required or recommended by governmental and quasi-governmental authorities having jurisdiction and by Riley Construction and Owner, including, but not limited to, requirements imposed by the Contract Documents. The Subcontractor shall comply with all safety programs mandated by Riley Construction or the Owner and will comply with the reasonable recommendations of insurance companies having an interest in the project, and shall stop any part of the Subcontract Work which Riley Construction deems unsafe until corrective measures satisfactory to Riley Construction shall have been taken.

Riley Construction�s failure to stop the Subcontractor unsafe practices shall not relieve the Subcontractor of the responsibility therefore. The Subcontractor shall notify Riley Construction immediately following an accident and promptly confirm the notice in writing. A detailed written report shall be furnished if requested by Riley Construction. Each party to this Agreement shall indemnify the other party from and against fines or penalties imposed as a result of safety violations, but only to the extent that such fines or penalties are caused by its failure to comply with applicable safety requirements.

3.15 PROTECTION OF THE WORK The Subcontractor shall take necessary precautions to properly protect the Subcontractors Work and the Work of others from damage caused by the Subcontractor�s operations. Should the Subcontractor cause damage to the Work or property of the Owner, Riley Construction or others, the Subcontractor shall promptly remedy such damage to the satisfaction of Riley Construction, or Riley Construction may remedy the damage and deduct its cost from any amounts due or to become due the Subcontractor, unless such costs are recovered under applicable property insurance.

3.16 PERMITS, FEES, LICENSES AND TAXES The Subcontractor shall give timely notices to authorities pertaining to the Subcontract Work, and shall be responsible for all permits, fees, licenses, assessments, inspections, testing and taxes necessary to complete the Subcontract Work in accordance with the Subcontract Documents. To the extent reimbursement is obtained by Riley Construction from the Owner under the Owner-Riley Construction Agreement, the Subcontractor shall be compensated for additional costs resulting from taxes enacted after the date of this Agreement.

3.17 ASSIGNMENT OF SUBCONTRACT WORK The Subcontractor shall not assign or subcontract the whole nor any part of the Subcontract Work without prior written approval of Riley Construction.

3.18 HAZARDOUS MATERIALS To the extent that Riley Construction has rights or obligations under the Owner-Riley Construction Agreement or by law regarding hazardous materials as defined by the Subcontract Document within the scope of the Subcontract Work, the Subcontractor shall have the same rights or obligations.

3.19 MATERIAL SAFETY DATA SHEETS ("MSD Sheets") The Subcontractor shall submit to Riley Construction all MSD Sheets required by law for materials or substances necessary for the performance of the Subcontract Work. MSD Sheets obtained by Riley Construction from other subcontractors or sources shall be made available to the Subcontractor by Riley Construction.

3.20 LAYOUT RESPONSIBILITY AND LEVELS Riley Construction shall establish principle axis lines of the building and site, and benchmarks. The Subcontractor shall lay out and be strictly responsible for the accuracy of the Subcontract Work and for any loss or damage to Riley Construction or others by reason of the Subcontractor failure to lay out or perform Subcontract Work correctly. The Subcontractor shall exercise prudence so the actual final conditions and details shall result in alignment of finish surfaces.

3.21 WARRANTIES The Subcontractor warrants that all materials and equipment furnished under this Agreement shall be new, unless otherwise specified, of good quality, in conformance with the Subcontract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of the Work or a designated portion of the Work.

3.22 UNCOVERING / CORRECTION OF SUBCONTRACT WORK

3.22.1 UNCOVERING OF SUBCONTRACT WORK

3.22.1.1 If required in writing by Riley Construction, the Subcontractor must uncover any portion of the Subcontractor Work, which has been covered by the Subcontractor in violation of the Subcontract Documents or contrary to a directive issued to the Subcontractor by Riley Construction. Upon receipt of a written directive from Riley Construction, the Subcontractor shall uncover such work for Riley Construction�s or Owner�s inspection and restore the uncovered Subcontract work to its original condition at the Subcontractor�s time and expense.

3.22.1.2 Riley Construction may direct the Subcontractor to uncover portions of the Subcontract Work for inspection by the Owner or Riley Construction at any time. The Subcontractor is required to uncover such work whether or not Riley Construction or Owner had requested to inspect the Subcontract Work prior to it being covered. Except as provided in Clause 3.22.1.1, this Agreement shall be adjusted by Change Order for the cost and time of uncovering and restoring any work which is uncovered for the inspection and proves to be installed in accordance with the Subcontract Documents, provided Riley Construction had not previously instructed the Subcontractor to leave the work uncovered. If the Subcontractor uncovers work pursuant to a directive issued by Riley Construction, and such work upon inspection does not comply with the Subcontract Documents, the Subcontractor shall be responsible for all costs and time of uncovering, correcting and restoring the work so as to make it conform to the Subcontract Documents. If Riley Construction or some other entity for which the Subcontractor is not responsible caused the nonconforming condition, Riley Construction shall be required to adjust this Agreement by Change Order for all such costs and time.

3.22.2 CORRECTION OF WORK

3.22.2.1 If the Owner, Architect or Riley Construction rejects the Subcontract Work or the Subcontract Work is not in conformance with the Subcontract Documents, the Subcontractor shall promptly correct the Subcontractor Work whether it had been fabricated, installed or completed. The Subcontractor shall be responsible for the costs of correcting such Subcontract Work, any additional testing, inspections, and compensation for services and expenses of the Architect and Riley Construction made necessary by the defective Subcontract Work.

3.22.2.2 In addition to the Subcontractor�s obligations under Paragraph 3.21, the Subcontractor agrees to promptly correct, after receipt of a written notice from Riley Construction, all Subcontract Work performed under this Agreement which proves to be defective in workmanship or materials within a period of one year from the date of Substantial completion of the Subcontract Work or for a longer period of time as may be required by specific warranties in the Subcontract Documents. Substantial Completion of the Work, or of a designated portion, occurs on the date when construction is sufficiently complete in accordance with the Subcontract Documents so that the Owner can occupy or utilize the Project, or a designated portion, for the use for which it is intended and if required by the Owner-Riley Construction Agreement, a certificate of occupancy has been issued. If, with respect to such one-year period, Riley Construction fails to provide the Subcontractor with prompt written notice of the discovery of defective or nonconforming Subcontract Work, Riley Construction shall neither have the right to require the Subcontractor to correct such Subcontract Work nor the right to make claim for breach of warranty. If the Subcontractor fails to correct defective or nonconforming Subcontract Work within a reasonable time after receipt of notice from Riley Construction, Riley Construction may correct such Subcontract Work pursuant to Subparagraph 10.1.1.

3.22.3 The Subcontractor�s correction of Subcontract Work pursuant to this Paragraph 3.22 shall not extend the one-year period for the correction of Subcontract Work, but if Subcontract Work is first performed after Substantial Completion, the one-year period of corrections shall be extended by the time period after Substantial Completion and the performance of that portion of Subcontract Work. The Subcontractor�s obligation to correct Subcontract Work within one year as described in this Paragraph

3.22 does not limit the enforcement of Subcontractor�s other obligations with regard to the Agreement and the Subcontract

Documents.

3.22.4 If the Subcontractor�s correction or removal of Subcontract Work destroys or damages completed or partially completed work of the Owner, Riley Construction or any separate subcontractors, the Subcontractor shall be responsible for the cost of correcting such destroyed or damaged construction.

3.22.5 If portions of Subcontract Work which do not conform with the requirements of the Subcontract Documents are neither corrected by the Subcontractor nor accepted by Riley Construction, the Subcontractor shall remove such Subcontract Work from the Project site if so directed by Riley Construction.

3.23 MATERIALS OR EQUIPMENT FURNISHED BY OTHERS In the event the scope of the Subcontract Work includes installation of materials or equipment furnished by others, it shall be the responsibility of the Subcontractor to exercise proper care in receiving, handling, storing and installing such items, unless otherwise provided in the Subcontract Documents. The

Subcontractor shall examine the items provided and report to Riley Construction in writing any items it may discover that do not conform to requirements of the Subcontract Documents. The Subcontractor shall not proceed to install nonconforming items without further instructions from Riley Construction. Loss or damage due to acts or omissions of the Subcontractor shall be deducted from any amounts due or to become due the Subcontractor.

3.24 SUBSTITUTIONS No…