Wilbraham Public Library - Interior Paint SPECS COMPLETE.pdf

SPECIFICATIONS

Interior Painting Wilbraham Public Library 25 Crane Park Drive Wilbraham, Massachusetts 01095

Board of Trustees

James Jurgens, Chair Raymond Burk, Treasurer Linda Dagradi Linda Moriarty Marjorie Williams

Karen Demers, Library Director

Roy S. Brown, Architects 85 Chilson Road Wilbraham, Massachusetts 01095 p 413.596.2360 f 413.596.2360 email: rsba85@yahoo.com

Project No. 18-11-03

November 28, 2018

TABLE OF CONTENTS

NOTICE TO BIDDERS

CENTRAL REGISTER AD

INSTRUCTIONS TO BIDDERS ........................................................................... 1 to 4

FORM FOR GENERAL BID ................................................................................. 1 to 2

REFERENCE FORM ............................................................................................ 1 to 5

CONTRACT AND CONSTRUCTION FORMS

1. Construction Contract .............................................................................. 1 to 14

2. Application for Payment

3. Continuation Sheet

4. Change Order

5. Architect’s Supplemental Instructions

6. Certificate of Substantial Completion

GENERAL CONDITIONS OF THE CONTRACT ................................................. 1 to 48

SUPPLEMENTARY GENERAL CONDITIONS ................................................... 1 to 4

1. Wage Rate Notice

2. Weekly Payroll Records Report & Statement of Compliance

3. Massachusetts Weekly Certified Payroll Report Form

4. Prevailing Wage Rates ............................................................................ 1 to 39

GENERAL REQUIREMENTS

Section 01010: Summary of Work ...................................................................... 1 to 5

Section 01027: Applications for Payment ........................................................... 1 to 2

Section 01028: Change Order Procedures ......................................................... 1 to 3

Section 01040: Coordination ............................................................................... 1 to 2

Section 01045: Cutting and Patching .................................................................. 1 to 3

Section 01120: Alteration Project Procedures .................................................... 1 to 3

Section 01200: Project Meetings ........................................................................ 1 to 2

Section 01300: Submittals .................................................................................. 1 to 2

Section 01310: Progress Schedules ................................................................... 1 to 2

Section 01340: Shop Drawings, Product Data and Samples ............................. 1 to 3

Section 01370: Schedules of Values .................................................................. 1 to 2

Section 01500: Construction Facilities and Temporary Controls ........................ 1 to 2

Section 01520: Construction Aids ....................................................................... 1 to 2

Section 01530: Barriers

Section 01540: Security

Section 01569: Construction Cleaning

Section 01600: Materials and Equipment ........................................................... 1 to 3

Section 01610: Transportation and Handling ...................................................... 1 to 2

Section 01620: Storage and Protection .............................................................. 1 to 2

Section 01630: Product Options and Substitutions ............................................. 1 to 3

Section 01700: Contract Closeout ...................................................................... 1 to 3

Section 01710: Final Cleaning ............................................................................ 1 to 2

Section 01730: Operations and Maintenance Data ............................................ 1 to 2

Section 01740: Warranties and Bonds ............................................................... 1 to 2

TECHNICAL SPECIFICATIONS

Section 09900: Painting ....................................................................................... 1 to 5

Town of Wilbraham 240 Springfield Street

Wilbraham, Massachusetts 01095

NOTICE TO BIDDERS

INTERIOR PAINTING

WILBRAHAM PUBLIC LIBRARY

25 CRANE PARK DRIVE

WILBRAHAM, MASSACHUSETTS 01095

The Town of Wilbraham, the Awarding Authority, invites sealed bids for the interior painting at the Wilbraham Public Library, 25 Crane Park Drive, Wilbraham, Massachusetts 01095.

The work involves the painting of existing gypsum wallboard, metal door frames, metal doors, etc. Various cracked and stained areas of existing gypsum wallboard to be repaired prior to painting. Estimated construction cost is forty-nine thousand dollars ($ 49,000). No prequalification is required.

Bidder selection, procedures and contract awards shall be in conformity with M.G.L.

Chapter 149 Section 44A-H. State mandated prevailing wage rates must be paid according to M.G.L. Chapter 149 sections 26-27H.

Digital copies of the drawings and specifications may be obtained by emailing requests to the office of Roy S. Brown Architects at rsba85@yahoo.com after Wednesday, November 28, 2018 at 2:00 pm. Paper copies of the drawings and specifications may be ordered via the office of Roy S. Brown Architects, 85 Chilson Road, Wilbraham, Massachusetts 01095, after Wednesday, November 28, 2018 at 2:00 pm. Allow three days for paper copies to be printed. Paper copies of these documents may be ordered with a certified check, money order, or cash deposit of forty ($40) dollars made payable to Roy Brown. This deposit is refundable upon return of said documents in good condition not later than ten (10) days after the opening of the bids. A non-refundable shipping and handling fee of twenty ($20) dollars made payable to Roy Brown, will be charged for each set of documents requested by mail. Bidding documents requested by mail will be shipped via the United States Postal Service only.

A project walk-thru is planned for Wednesday, December 05, 2018 at 10:00 am.

Bids will be accepted from eligible bidders at the office of the Board of Selectmen, 240 Springfield Street, Wilbraham, Massachusetts 01095 until 2:00 pm, Wednesday, December 12, 2018 at which time they shall be publicly opened and read aloud. A bid security is not required.

The Awarding Authority reserves the right to reject any or all bids, should it be deemed in the public interest to do so.

Ronald Rauscher, Facilities Director

General contract submission confirmation

The following General Contract submission was successfully received.

Planned date of publish is 11/28/2018 Awarding Agency Agency Name and Address:

Town of Wilbraham 240 Springfield Street Wilbraham, Massachusetts 01095

Project Number: 18-11-03

Estimated Cost: $ 49,000

Contractor Qualification:

Required for DCAMM contracts over $150,000, Highway Division contracts over $50,000. Add categories to the Project description below.

Contact Information Name: Roy S. Brown Architects

Phone: 413-596-2360 Fax 413-596-2360

Email Address: rsba85@yahoo.com

Notify email address listed when final publish date assigned.

Contract Information Project: Interior Painting Wilbraham Public Library 25 Crane Park Drive

Wilbraham, Massachusetts 01095

Plans/Specifications Available:

Place, date and time

Digital copies of the drawings and specifications may be obtained by emailing requests to the office of Roy S. Brown Architects at rsba85@yahoo.com after Wednesday, November 28, 2018 at 2:00 pm.

General Bid Deadline*:

12/12/2018 Time 2:00 pm

Sub Bid Deadline: Time

Sub Bid Categories:

Additional Information

A project walk-thru is planned for Wednesday, December 05, 2018 at 10:00 am.

This page can be printed for your records.

William Francis Galvin, Secretary of the Commonwealth of Massachusetts

Terms and Conditions

HOME DIRECTIONS CONTACT US Search sec.state.ma.us

Page 1 of 1SPR Central Register General Contract Submit Confirmation

11/19/2018

INSTRUCTIONS TO BIDDERS

A. GENERAL

1. The Notice to Bidders is hereby made a part of this contract.

2. The attention of bidders is called to those parts of the Legal/Contractual Documents regarding labor conditions, wage rates, etc.

3. Statutes regulating competitive bidding in the award of contracts for public building projects as promulgated by Chapter 579, Acts and Resolves of 1980, of the Commonwealth of Massachusetts shall govern the process of bidding and contract award on this project.

B. GENERAL BIDDER'S PREQUALIFICATION

1. No prequalification is required.

C. DRAWINGS AND CONTRACT DOCUMENTS

1. Digital copies of the drawings and specifications may be obtained by emailing requests to the office of Roy S. Brown Architects at rsba85@yahoo.com.

2. Paper copies of the drawings, specifications, plus all other Contract Documents may be ordered via the office of Roy S. Brown Architects, 85 Chilson Road, Wilbraham, MA 01095.

3. A deposit of forty dollars ($40) will be required on each set of paper drawings and contract documents ordered. Such deposits will be refunded upon return of said drawings and documents in good condition within ten (10) days after the opening of the General Bids.

4. A non-refundable shipping and handling fee of twenty ($20) dollars made payable to Roy Brown, will be charged for each set of paper documents requested by mail. Bidding documents requested by mail will be shipped via the United States Postal Service only.

D. QUESTIONS REGARDING SPECIFICATIONS

1. Any questions regarding the intent or meaning of the specifications and the equality or use of products or methods, other than those definitely designated or described on the drawings or in the specifications, shall be submitted in writing by the bidders to the Architect together with drawings, detailed specifications or other data in sufficient detail to enable the Architect to determine the equality of the product or method, at least five (5) days before the advertised openings of the bids.

2. The Architect shall arrange as addenda, which shall become a part of the contract and specifications, all questions so received with his decision regarding each, and he shall send a copy of these addenda to specification, at least two (2) days prior to said opening of General Bids.

3. Unless such action shall have been taken by the bidder and approval obtained, he agrees to use the product or method designated or described in the specifications.

E. EXISTING CONDITIONS

1. Bidders are required to submit their proposals upon the following express conditions, which shall apply to and become part of every bid received, viz.:

Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means as they may desire, as to actual conditions and requirements of the work.

2. The locations of existing structures and wires are shown on the drawings in accordance with the best available information in the Owner's possession.

The completeness and accuracy of said information are not guaranteed and the Contractor shall have no grounds for additional compensation because of excessive expense due to encountering any existing pipes, wires structures, etc.

F. SPECIAL JOB REQUIREMENTS

1. All components, materials, parts and labor executed under this contract shall be warranted for a period of not less than two (2) years from the date of Substantial Completion.

2. Substantial completion is required by Wednesday, March 06, 2019. Final completion of all punch list items are to be completed by Wednesday, March 13, 2019. The Contractor will be subject to the liquidated damages listed below if this deadline is not achieved.

3. The construction area must be protected and closed off to the building occupants during normal hours. The contractor is responsible for minimizing the construction area and its impact on normal function of the space. The Contractor is required to prevent construction debris and dust from effecting normal operation. The Contractor is also required to prevent occupants from accessing the construction area at all times.

4. The Contractor is required to protect all existing finishes from damage as a result of construction, and will be responsible for the repair of said finishes, landscaping, etc. if damage occurs to the architect and owner’s satisfaction.

5. A project walk-thru is scheduled for Wednesday, December 05, 2018 at 10:00 am.

G. GENERAL BIDS

1. All bids must be upon the blank form for proposal annexed hereto. Give the price for each item of work proposed, both in words and figures, and be signed by the bidder with his business address and place of residence.

2. A bid security is not required.

3. Bids may be withdrawn at any time prior to the designated time for the opening of bids. No bid may be withdrawn within thirty (30) days (Sunday or a legal holiday not included) after the actual date of opening thereof.

4. Bids will be compared on the basis of the lump sum price stated in the Proposal. In the event that there is a discrepancy between the lump sum price written in figures, the price written in words shall govern.

5. The bidder shall agree to commence the construction phase of work on or before Wednesday, January 02, 2019. All submittals must be submitted and approved prior to the start of construction. See Section 01310 Progress Schedules.

6. The Owner may reject as informal, bids which are incomplete, conditional, or obscure, or which contain additions not called for, erasures not properly initialed, alterations, or irregularities of any kind; or the Owner may waive such informalities within the general laws of the Commonwealth of Massachusetts.

H. CONTRACT AWARDS

1. A payment bond in the sum of 50% of the proposal, with a surety company satisfactory to the Owner, as surety will be required for the faithful labor and materials payment of the contract, or the assignment of savings bank, bank book in lieu of such surety company bond in the full amount of contract.

2. The party to whom the contract is awarded will be required to present forthwith the name of the surety company to be offered and to execute the contract and furnish the bond duty executed by satisfactory surety company, within the time limit stated in the proposal after notification that the contract is ready for signature.

3. In case the party to whom the contract is awarded shall fail or neglect to execute the contract and furnish a satisfactory bond within the time specified, the Owner may determine that the bidder has abandoned the contract and thereupon the proposal and acceptance shall be null and void, and the certified check accompanying the proposal shall be forfeited to and retained by the said Owner as liquidated damages for such failure or neglect, and to indemnity said Owner for any loss which may be sustained by failure of the bidder to execute the contract and furnish bond as aforesaid. After the execution of the contract and the acceptance of the bond by the Owner, the check accompanying the proposal of the successful bidder shall be returned.

I. DAMAGES

1. Liquidated damages in the amount of one hundred dollars ($ 100) per day shall be withheld by the Owner for failure to achieve Substantial Completion within the allotted time stated above.

2. Liquidated damages in the amount of fifty dollars ($ 50) per day shall be withheld by the Owner for failure to achieve Punch List Completion within the allotted time stated above.

J. ESTIMATING

1. General Bidders are reminded that not every detail of construction can be shown on the drawings and that not every part of every assembly can be listed in the specifications. The Owner assumes that General Bidders are experienced tradesman who estimate and supply all the required materials for their trades and perform in a workmanlike manner.

2. No solicitations for extra cost shall be entertained because not every item is detailed.

3. If any inconsistency shall be found to exist within the Contract Documents, the greater quantity or better quality shall be assumed.

4. The building permit fee will not be waived. Contractors are required to obtain the required permits at the Town of Wilbraham building commissioner’s office and include any associated fee(s) for permitting and inspections as part of their bid.

K. CHANGE ORDERS

1. When change order work is approved, The Owner will approve the following maximums above the direct costs:

a. Where only the general bidder (or his direct sub-contractors) are involved, ten percent (10%) overhead and profit, plus one percent (1%) for the bond.

END OF SECTION

FORM FOR GENERAL BID

TO THE AWARDING AUTHORITY:

A. Base Bid:

The undersigned proposes to furnish all labor and materials required for the Interior

Painting at the Wilbraham Public Library, 25 Crane Park Drive, Wilbraham, Massachusetts 01095 in accordance with the accompanying Plans and Specifications prepared by Roy S. Brown Architects, 85 Chilson Road, Wilbraham, Massachusetts 01095, for the Contract Price specified below, subject to additions and deductions according to the terms of the Specifications.

B. The bid includes Addenda numbered ______________ and _______________.

C. The proposed Base Bid Contract Price is ______________________________

Dollars ($ )

D. The undersigned agrees that, if he is selected as General Contractor, he will, within five (5) days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the Awarding Authority, execute a Contract in accordance with the terms of this Bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the Awarding Authority and each in the sum of the Contract Price, the premiums for which are to be paid by the General Contractor and are included in the Contract Price; provided, however, that if there is more than one (1) surety company, the surety companies shall be jointly and severally liable.

The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work;

that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he will comply fully with all laws and regulations applicable to awards made subject to section 44A.

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

FORM FOR GENERAL BID

Date: ____________________________

(Name of General Bidder)

By:

(Name and Title of Person Signing Bid)

(Signature)

(Business Address)

(City, State and Zip Code)

(Telephone Number)

NOTE: This Proposal must bear the written signature of the Bidder. If the Bidder is a partnership, the Proposal must be signed by a partner. If the Bidder is a corporation, the proposal must be signed by a duly authorized office or agent of such corporation.

Attachments Required:

- Bid Guarantee (Bid Bond or Certified Check)

- Reference Form (or equivalent)

Reference Form

1. The undersigned offers the following information as evidence of his qualifications to perform the work as bid according to all the requirements of the Plans and Specifications:

a. Have been in business under present name __________ years.

b. Ever failed to complete the work awarded? ____________

c. List three or more recent projects with names of the General Contractor and Architect on which you served as a Subcontractor for work of similar character as required for the above named building.

Project Architect or Engineer Owner Amount of Address & phone Address & phone Contract

1. ___________ _________________ _________________ ________

2. ___________ _________________ _________________ ________

3. ___________ _________________ _________________ ________

4. ___________ _________________ _________________ ________

5. ___________ _________________ _________________ ________

2. The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that he will comply fully with all laws and regulations applicable to awards of subcontracts subject to Chapter 30 Section 39M.

Date: _____________________________

(Name of Bidder)

By: _____________________________ (Signature)

(Business Address)

(City, State and Zip Code)

(Telephone Number)

Note: This reference form must bear the written signature of the Bidder. If the Bidder is a partnership, the proposal must be signed by a partner. If the bidder is a corporation, the proposal must be signed by a duly authorized officer or agent of such corporation.

Contract and Construction Forms

A107-1987 Page 1

AIA Document A107

Abbreviated Form of Agreement Between Owner and Contractor For Construction Projects of Limited Scope where the Basis of Payment is a Stipulated Sum

1987 EDITION

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH

AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR

MODIFICATION

This document includes abbreviated General Conditions and should not be used with other general conditions.

It has been approved and endorsed by the Associated General Contractors of America

AGREEMENT

made as of the day of in the year of

BETWEEN the Owner:

(Name and Address) and the Contractor:

The Project is :

(Name and Location)

The Architect is:

The Owner and Contractor agree as set forth below:

A107-1987 Page 2

ARTICLE 1

THE WORK OF THIS CONTRACT

1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be specifically the work of others.

ARTICLE 2

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and shall be the date of this Agreement as first written above, 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 Agreement or, if applicable, state that the date will be fixed in a notice to proceed.)

2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than:

(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.)

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

(Insert provisions, if any, for liquidated damages relating to failure to complete on time)

ARTICLE 3

CONTRACT SUM

3.1 The Owner shall pay the Contractor in current funds for the Contractor’s performance of the Contract, the Contract Sum of dollars ($ ), subject to additions and deductions as provided in the Contract Documents.

A107-1987 Page 3

3.2 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 decisions on other alternates are to be made by Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount of each and the date until which the amount is valid.)

3.3 Unit prices, if any, are as follows:

ARTICLE 4

PROGRESS PAYMENTS

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

4.2 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 if interest agreed upon, if any)

A107-1987 Page 4

ARTICLE 5

FINAL PAYMENT

5.1 Final payment constituting the entire unpaid balance of the Contract Sum shall be made by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect.

ARTICLE 6

ENUMERATION OF CONTRACT DOCUMENTS

6.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:

6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and

Contractor. AIA Document A107, 1987 Edition.

6.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual and dated , and are as follows:

Document Title Pages

6.1.3 The Specifications are those contained in the Project Manual dated as in Subparagraph

6.1.2 and are as follows:

(Either list the Specifications here or refer to an exhibit attached to this Agreement.)

Section Title Pages

A107-1987 Page 5

6.1.4 The Drawings are as follows, and dated unless a different date is shown below:

(Either list the Drawings here or refer to an exhibit attached to this Agreement.)

Number Title Date

6.1.5 The Addenda, if any, are as follows:

Number Date Pages

Portions of the Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 6.

6.1.6 Other documents, if any forming part of the Contract Documents are as follows:

(List any additional documents which are intended to form part of the Contract Documents.)

ARTICLE 7

CONTRACT DOCUMENTS

7.1 The Contract Documents consist of this agreement with Conditions of the Contract

(General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. 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 as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonable inferable from them as being necessary to produce the intended results.

7.2 The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and Subcontractor or Sub-subcontractor or (3) between any persons or entities other than the Owner and Contractor.

A107-1987 Page 6

7.3 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site and has become familiar with local conditions under which the Work is to be performed.

7.4 The term “Work” means the construction and services required by the Contract

Documents whether completed or partially completes, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the project.

ARTICLE 8

OWNER

8.1 The Owner shall furnish surveys and a legal description of the site.

8.2 Except for permits and fees which are the responsibility of the Contractor under the

Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities.

8.3 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order 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.

ARTICLE 9

CONTRACTOR

9.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skills 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 Contract Documents give other specific instructions concerning these matters.

9.2 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 the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

9.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

9.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitution not properly approved and authorized, may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, A107-1987 Page 7 improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay for the building permit and other permits and government fees, licenses and inspections necessary for proper execution and completion of the Work.

9.6 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work.

The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith.

9.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor.

9.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submittals.

When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications.

9.9 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under Contract. At completion of the Work, the Contractor shall remove from around the Project, waste materials, rubbish, and the Contractor’s tools, construction equipment, machinery and surplus materials.

9.10 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located.

9.11 The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the Owner 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 is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of patent.

9.12 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 attorney’s fees arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expenses attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by 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 which would otherwise exist as to a party or person described in this paragraph 9.12

A107-1987 Page 8

9.12.1 In claims against any person or entity indemnified under this paragraph 9.12 by an employee of a Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this paragraph 9.12 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’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.

9.12.2 The obligations of the Contractor under this paragraph 9.12 shall not extend to the liability of the Architect, the Architect’s Consultants and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions reports, surveys, Change Orders, Construction Change Directives, design or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect’s Consultants and agents and employees of any of them provided such giving or failure to give is the primary cause of injury or damage.

ARTICLE 10

ADMINISTRATION OF THE CONTRACT

10.1 The Architect will provide administration of the Contract and will be the Owner’s representative (1) during Construction, (2) until final payment is due and (3) with the Owner’s concurrence, from time to time during the correction period described in paragraph 18.1.

10.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work when 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 quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work.

10.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s responsibility as provided in paragraphs 9.1 and 16.1. The Architect will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.

10.4 Based on the Architect’s observations and 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.

10.5 The Architect will interpret and decide matters concerning performance under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes or other matters in question between the Owner and Contractor, but will not be liable for results of any interpretations or decisions rendered in good faith. The Architect’s decisions in matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. All other decisions of the Architect, except those which have been waived by making or acceptance of final payment, shall be subject to arbitration upon the written demand of either party.

10.6 The Architect will have authority to reject Work which does not conform to the Contract

Documents.

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10.7 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.

10.8 All claims or disputes between the Contractor and the Owner arising out or relating to the

Contract, or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise and subject to an initial presentation of the claim or dispute to the Architect as required under paragraph 10.5. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. 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. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial and (4) such person or entity is not the Architect or any of the Architect’s employees or consultants. The agreement herein among the parties to the agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof.

ARTICLE 11

SUBCONTRACTS

11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.

11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect, the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to which 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. Contracts between the Contractor and Subcontractor shall

(1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and

(2) allow to the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents.

ARTICLE 12

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to avoid 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 elsewhere in the Contract Documents.

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12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the 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 their as required by the Contract Documents.

12.3 Costs caused by delays, improperly times activities or defective construction shall be borne by the party responsible therefor.

ARTICLE 13

CHANGES IN THE WORK

13.1 The Owner without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modifications, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect.

13.2 The Contract Sum and the Contract Time shall be changed only by Change Order.

13.3 The cost or credits to the Owner from a change in the Work shall be determined by mutual agreement.

ARTICLE 14

TIME

14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work.

14.2 The date of Substantial Completion is the date certified by the Architect in accordance with paragraph 15.3.

14.3 If the Contractor is delayed at any time in progress of the Work by changes ordered in the

Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor’s control, or by other causes which 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.

ARTICLE 15

PAYMENTS AND COMPLETION

15.1 Payments shall be made as provided in Articles 4 and 5 of this Agreement.

15.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties,(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 another 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) persistent failure to carry out the Work in accordance with the Contract Documents.

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15.3 When the Architect agrees that the Work is substantially complete, the Architect will issue a Certificate of Substantial Completion.

15.4 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials or equipment for which a lien could be filed, or 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.

15.5 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 Contract Documents; or

.3 terms of special warranties required by the Contract Documents.

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

ARTICLE 16

PROTECTION OF PERSONS AND PROPERTY

16.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to:

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

.2 the Work and materials and equipment to be incorporated therein: and

.3 other property at the site or adjacent thereto.

The Contractor shall give notices and apply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage or loss to property at the site 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 Subparagraphs 16.1.2 and 16.1.3 except for damage or loss attributable acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Paragraph 9.12.

16.2 The Contractor shall not be required to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB).

ARTICLE 17

INSURANCE

17.1 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 insurance for

A107-1987 Page 12 protection from claims under workers’ or workmen’s compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and from claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor’s operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. The insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor’s obligations under Paragraph 9.12. Certificates of such insurance shall be filed with the Owner prior to the commencement of the Work.

17.2 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner’s liability insurance unless specifically required by the Contract Documents.

17.3 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 upon the entire Work at the site to the full insurable value thereof. This insurance shall be on al all-risk policy form and shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of fire and extended coverage and physical loss or damage including , without duplication of coverage, theft, vandalism, and malicious mischief.

17.4 A loss insured under Owner’s property insurance shall be adjusted with the Owner and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause.

17.5 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur.