WASHINGTON COUNTY PUBLIC SCHOOLS ADMINISTRATIVE CENTER

Transcription

1 WASHINGTON COUNTY PUBLIC SCHOOLS ADMINISTRATIVE CENTER Mechanical Systems Installation Bid # Downsville Pike Hagerstown, Maryland Washington County Public Schools PROJECT MANUAL August 26, 2013 Owner: BOARD OF EDUCATION OF WASHINGTON COUNTY 820 Commonwealth Avenue Hagerstown, Maryland Architect: KING, ASBURY & ASSOCIATES, PC 6 N. East Street, Suite 300 Frederick, Maryland (301) , FAX (301) Mechanical Engineer: RHL ENGINEERING COMPANY 3 W. 2 nd St. Frederick, Maryland (301)

2 Washington County Public Schools Administrative Center TABLE OF CONTENTS Section Title Division 0 Conditions of the Contract Section Cover Sheet Section Bid Advertisement Section Project Directory Section Invitation to Bidders Section AIA Document A Instruction to Bidders Section No Bid Reply Form Section Standard Form of Proposal Section AIA Document A Bid Bond Section AID Document A Performance Bond Section Payment Bond Form Section Proposal/Contract Affidavit Section AIA Document A General Conditions of the Contract for Construction Section Supplemental Conditions to the AIA Document A General Conditions of the Contract for Construction Section AIA Document A Standard From of Agreement Between Owner and Contractor Section AIA Document G701 Change Order Form Section AIA Document G Application and Certificate for Payment Section Change Order Request Form Section Drawing Index Division 01 General Requirements Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Summary Summary of Multiple Contracts Contract Modification Procedures Payment Procedures Project Management and Coordination Submittal Procedures Quality Requirements References Temporary Facilities & Controls Product Requirements Substitution Procedures Execution Requirement Selective Demolition Closeout Procedures Project Record Documentation Operation and Maintenance Data TOC - 1

3 Washington County Public Schools Administrative Center Section Demonstration and Training Division 03 Concrete Section Miscellaneous Cast-in-Place Concrete Division 05 Metals Section Structural Steel Division 07 Thermal and Moisture Protection Section Section Thermoplastic Polyolefin (TPO) Roofing Sheet Metal Flashing and Trim Division 15 Mechanical Section Section Section Section Section Section Section Section Section Section Section General Mechanical General Products and Materials Pipe and Pipe Fittings Valves Insulation Duct Insulation Plumbing Liquid Heat Transfer Ductwork Pre-Purchased Equipment Automatic Temperature Controls Division 16 Electrical Section Section Section Section General Provisions Basic Materials and Methods Service and Distribution Grounding TOC - 2

4 BID ADVERTISEMENT Notice is hereby given that Washington County Public Schools will accept sealed bids for the Mechanical Systems Installation at the WCPS Administrative Center, Bid No The Pre-Bid meeting is scheduled for Friday, August 30, 2013 at 9:00 AM local time at Downsville Pike, Hagerstown, MD All qualified contractors are encouraged to attend. Contractors must be pre-qualified to obtain bid documents. To check whether your company is pre-qualified, contact Michelle Schultz in the Purchasing Department at or For pre-qualified contractors, specifications and instructions may be obtained by contacting Cindy Scully in the Washington County Public Schools Purchasing Department at or Sealed proposals must be received in the Purchasing Department, 820 Commonwealth Ave, Hagerstown, MD no later than Wednesday, September 11, 2013 at 9:00 AM local time. Minority Business Enterprises are encouraged to respond to this solicitation notice. The Board of Education of Washington County, Maryland reserves the right to reject any and/or all proposals, waive informalities, and select the Proposal that will service its best interest. The Public School System of Washington County, Maryland does not discriminate on the basis of race, color, sex, age, national origin, religion or disability. By order of: Washington County Public Schools Lisa C. Freeman, C.P.M. Supervisor of Purchasing

5 PROJECT DIRECTORY OWNER S REPRESENTATIVE Bradley J. Otto, P.E. Washington County Public Schools Phone: Commonwealth Avenue Fax: Hagerstown, Maryland ottobra@wcps.k12.md.us PROJECT MANAGER Bradley J. Otto, P.E. Washington County Public Schools Phone: Commonwealth Avenue Fax: Hagerstown, Maryland ottobra@wcps.k12.md.us DESIGN PROFESSIONAL Robert M. Asbury, AIA, LEED AP King, Asbury & Associates, PC Phone: N East Street Frederick, MD asburyr@kingasbury.com

6 820 Commonwealth Avenue Hagerstown MD INVITATION TO BID August 26, 2013 Bid: # , Mechanical Systems Installation at the WCPS Administrative Center Pre-Bid Meeting: Friday, August 30, 2013 at 9:00 AM Local Time at Downsville Pike, Hagerstown, Maryland Bid Inquiries to: Mrs. Lisa C. Freeman, C.P.M. Supervisor of Purchasing (WCPS) Phone (301) ; Please copy Brad Otto at Place of Bid Opening: The Purchasing Department at the Washington County Board of Education Administrative Office, 820 Commonwealth Avenue, Hagerstown, MD Date and Hour of Bid Opening: Wednesday, September 11, 2013 at 9:00 AM Local Time Bids shall be submitted in duplicate, along with additional documentation required per the Bid Solicitation instructions, in a Sealed Envelope showing Bid Name and Due Date on the outside of the envelope. Faxed or ed bids will not be accepted. Bids delivered in person should be carried directly to the Purchasing Department and handed to a Purchasing Department staff member prior to the bid due date/time to ensure the bid is properly filed in advance of the Bid Opening. Bids not received prior to the day/time designated for the bid opening, or bids not submitted to the Purchasing Staff, may not be properly filed. Such bids, upon discovery by the Purchasing Official, will be refused and/or returned unopened to the Bidder. The Purchasing Department is open Monday through Friday, 8:00 am 12:00 pm and 1:00 pm 4:30 pm local time, except national and school holidays. Address Mail or Delivery Package to: Attention Lisa C. Freeman, Supervisor of Purchasing Telephone: (301)

7 820 Commonwealth Avenue Hagerstown MD TO VIEW CURRENT SOLICITATIONS, PLEASE SEE THIS WEB ADDRESS: FOR BID RESULTS, PLEASE SEE THIS WEB ADDRESS: Bid Solicitation Document includes the following: Instructions to Bidders (AIA A701) General Conditions (AIA A201) Technical Specifications Affidavit to Bid Terms & Conditions (AIA A101) Signature Sheet Plans/Drawings/Schematics Proposal Form No-Bid Reply Form 2

8 820 Commonwealth Avenue Hagerstown MD INVITATION TO BID, CONTINUED NOTICE Notice is hereby given that Washington County Public Schools will accept sealed bids for the purpose of establishing a contract for the Mechanical Systems Installation at the WCPS Administrative Center at Downsville Pike for November 15, 2013 completion. The Contract /Bid Solicitation Documents were prepared by King, Asbury & Associates (the Architect) and Washington County Public Schools (the Owner). Below is a summary of the project: The successful Bidders shall furnish all labor, materials, equipment, and services necessary for, and incidental to, performing the work specified in the enclosed Specifications and Drawings for Bid No , Mechanical Systems Installation at the WCPS Administrative Center at Downsville Pike, Hagerstown, Maryland The construction contract will be awarded to the lowest responsible bidder with consideration given to quantities involved; time required for delivery; the purpose for which required; the competency and responsibility of the bidder; the ability of the bidder to perform satisfactory service; and the plan for utilization of minority contractors. The Washington County Board of Education ( WCBOE ) may reject any and all bids and re-advertise for other bids. BIDS DUE Sealed bids will be received at the Washington County Public Schools Purchasing Department at 820 Commonwealth Avenue, Hagerstown, Maryland, by 9:00 AM local time Wednesday, September 11, Bids will be opened and read aloud at that time. Bids received after that time will not be accepted and will be returned unopened. Interested parties are invited to attend. No bidder may withdraw his bid for a minimum period of sixty (60) calendar days after the day of the bid opening. The deadline for questions about this Bid Solicitation is close of business (COB) Wednesday, September 4, 2013 WCPS will issue responses to all questions about this Bid Solicitation by close of business (COB) Friday, September 6,

9 820 Commonwealth Avenue Hagerstown MD BID SOLICITATION AVAILABILITY Contractors who are licensed by the State of Maryland may obtain the files that comprise the Bid Solicitation Document from the Purchasing Department on the following basis: 1. Pre-qualified Mechanical Contractors can obtain the Bidding Documents from the Purchasing Department. Only pre-qualified contractors are eligible to bid this project. To check whether or not your company is pre-qualified, you may contact the Purchasing Department by calling Michelle Schultz at , or by or by to: The Bid Solicitation Document includes the bid instructions, technical specifications, drawings, and will be supplemented by all addenda issued during the bidding phase. 2. The Bidder assumes all responsibility for coordinating any pertinent information on the Bidding Documents and/or the selection of said documents. Obtaining only specific section(s) will not relieve the contractor or subcontractor from the Work indicated on other drawings or specifications not obtained. 3. Bids received from contractors who have not been pre-qualified at least seven days prior to the bid day will be refused or returned unopened to them. To obtain an application to bid, complete the Prequalification Questionnaire available by contacting the Purchasing Department or by visiting our website, OBJECTION TO AWARD Any company objecting to the bid procedure or the recommendation for award has five (5) business days following the date of award by the Board of Education to file a written protest with the Superintendent of Schools. It is the company s responsibility to ascertain and confirm the date/time of the pertinent Board Meeting. The written appeal must be submitted on company letterhead, dated and signed by the senior officer in the company. The protest letter must include a request for review and ruling by WCPS, a detailed statement of the legal and factual grounds for the protest, including the resulting prejudice to the company, copies of relevant documents, and a statement of the form of relief being requested. Failure to comply with these instructions may result in the protest being deemed not filed. Bid protests received later than five (5) days after the Board Meeting will result in the protest being deemed not timely. WCPS will not respond or address bid protests that do not conform to these instructions. 4

10 820 Commonwealth Avenue Hagerstown MD BIDDING REQUIREMENTS Bid Security Bond in the amount of 5% of the Total Bid is required from all Bidders. The Bid Security Bond serves as security for obtaining Performance Bond and Payment Bonds in 100% of the Contract amount from the successful bidder within ten (10) days from Notice of Award of the Contract. Bidder must use the AIA bond form versions provided herein and should not substitute without also providing a letter from the bonding agent that, if awarded this bid, AIA Performance and Payment bonds will be provided (only AIA forms have been reviewed for acceptance by WCPS legal counsel.) The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and prospective Bidders may be required to furnish evidence of performance of similar projects of similar magnitude and complexity and all such information and data as requested. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligation of the Contract and to complete the Work contemplated therein. The Owner reserves the right to reject any or all bids, to waive irregularities in the bids, select alternates in any order, choose the price model (wage scale or non-wage scale) and to make the award in the manner that the WCBOE determines will best serve the interests of WCPS. By order of: Washington County Public Schools Lisa C. Freeman, Supervisor of Purchasing 5

11 Instructions to Bidders TM Document A for the following PROJECT: (Name and location or address): THE OWNER: (Name and address): Washington County Board of Education P.O. Box Commonwealth Road Hagerstown, MD THE ARCHITECT: (Name and address): ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES 1 DEFINITIONS 2 BIDDER S REPRESENTATIONS 3 BIDDING DOCUMENTS 4 BIDDING PROCEDURES 5 CONSIDERATION OF BIDS 6 POST-BID INFORMATION 7 PERFORMANCE BOND AND PAYMENT BOND 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 1

12 ARTICLE 1 DEFINITIONS 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract. 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201 as modified by the Board of Education of Washington County, or in other Contract Documents are applicable to the Bidding Documents. 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents, including Drawings and Specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents when the Construction Contract is executed 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids. 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work. ARTICLE 2 BIDDER S REPRESENTATIONS 2.1 The Bidder by making a Bid represents that: The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction The Bid is made in compliance with the Bidding Documents The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder s personal observations with the requirements of the proposed Contract Documents The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception Generally, neither law nor regulations make allowance for negligent errors either of omission or commission on the part of the bidders. Each Bidder, by making his Bid, represents that he has read and understands the Bidding Documents. Failure of the Bidder to thoroughly understand all aspects of the Solicitation before submitting his Bid will not act as an excuse to permit withdrawal of his Bid nor secure relief on plea of error Once the Contract is awarded to the successful Bidder, no claims for any extra work will be allowed because of alleged impossibilities in the production of the results specified, or because of inadequate or improper plans or AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 2

13 specifications, and whenever a result is required, the successful Bidder shall furnish any and all extras and make any changes needed to produce, to the satisfaction of the Owner, the required results The Bidder shall warrant that no person or selling agency has been employed or retained to solicit or secure the Contract upon an agreement of understanding for a commission or percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the bidder for the purpose of securing business. For breach or violation of the warrantee the Owner shall have the right to annul the Contract without liability or at its discretion to deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage, or contingent The Bidder, by the submission of this Bid agrees as a supplier of good, materials, equipment, or services covered by this Bid or the Contract that he will not discriminate in the employment in any way against any person or persons because of their race, creed, color, sex, national origin, age, or handicap. The Owner does not discriminate on the basis of race, color, sex, age, national origin, religion, or disability. ARTICLE 3 BIDDING DOCUMENTS 3.1 COPIES Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid. Either a CD on which all of the Bidding Documents have been scanned or one (1) hard copy set of Bidding Documents will be issued to each bonafide bidder Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the Advertisement or Invitation to Bid, or in supplementary instructions to bidders Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents. 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them Questions shall be in writing and sent to the Owner for interpretation and/or clarification. 3.3 SUBSTITUTIONS The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 3

14 contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. Where less than three (3) manufacturers or products are listed in the Specifications, or the specification lists "Approved Equal" as an acceptable product, the burden of proof of equivalency rests with the Contractor and evidence shall be submitted to the Architect and approved by Architect with final approval to be determined by the Owner. Criteria includes but is not limited to performance, materials, craftsmanship, quality control, certification procedures or requirements, warranty, installation procedures, etc.. Any proposed substitution, or proposed equal product, must be submitted to the Architect for review, 10 days prior to the bid date. After the receipt of bids and award of the Contract, the Owner and Architect are under no obligation to review or approve requests for substitution or equal products that were not specifically mentioned in the Specifications. The Owner reserves the right to request a substitute at any time in the project If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents. 3.4 ADDENDA Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose Addenda will be issued no later than four days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. ARTICLE 4 BIDDING PROCEDURES 4.1 PREPARATION OF BIDS Bids shall be submitted on the forms included with the Bidding Documents All blanks on the bid form shall be legibly executed in a non-erasable medium Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. (Paragraph deleted) All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change." (Paragraph deleted) Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent s authority to bind the Bidder The contractor or subcontractor shall use or supply American steel products in performance of this Contract in accordance with the Annotated Code of Maryland, State Finance and Procurement Article as implemented in the Code of Maryland Regulations (COMAR) BID SECURITY Each Bid shall be accompanied by a bid security in the form and amount required. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 4

15 or fail to furnish such bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The successful Bidder, upon his failure or refusal to execute and deliver the bonds required in Article 7 within ten (10) days after Notice of Award of the Contract shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his Bid Bid bond shall be in the amount of five percent (5%) of the total Bid and shall be submitted with the Washington County Board of Education as the sole oblige and shall be issued for a period of sixty (60) calendar days from the receipt of Bids Surety bond shall be written on AIA Document A310, Bid Bond and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected. 4.3 SUBMISSION OF BIDS All copies of the Bid, the bid security and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder s name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. Submit the Standard Form of Proposal and required documents in duplicate Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered All prospective bidders must be currently pre-qualified with the WCPS Purchasing Department to be eligible to participate in the bidding process Upon request of the Owner, Bidders should be prepared to provide a list of major subcontractors after submission of bids and within two (2) business days of the request Errors in bids: Bidders or their authorized representatives are expected to read and review the bid solicitation documents in order to inform themselves as to the conditions, requirements, and specifications before they submit bids: failure to do so will be at the bidder s own risk and the bidder cannot secure relief from the plea of error. Generally, neither law nor regulations make allowance for errors either of omission or commission on part of bidders. In case of error in extension of prices in the bid, the unit price shall govern 4.4 MODIFICATION OR WITHDRAWAL OF BID A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and time-stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders Bid security shall be in an amount sufficient for the Bid as resubmitted. AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 5

16 4.4.5 No Bidder shall modify, withdraw or cancel his Bid, or any part thereof, for sixty (60) days after the receipt of Bids. ARTICLE 5 CONSIDERATION OF BIDS 5.1 OPENING OF BIDS At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders. 5.2 REJECTION OF BIDS The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and prospective Bidders may be required to furnish evidence of performance of similar projects of this magnitude and complication and all such information and data as requested. The Owner reserves the right to reject any bid if evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out obligations of the Contract and to complete the Work contemplated therein Conditional Bids will not be accepted The Owner also reserves the right to reject the bid of any Bidder who has previously failed to perform properly or complete on time, contracts of a similar nature, who is not in position to perform the contract, or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to Subcontractors, material, men, or employees. In determining the lowest responsible Bidder the following elements, in addition to those above mentioned, will be considered, whether the Bidder involved: 1. Maintains a place of business 2. Has adequate plant equipment to do the work properly and expeditiously, 3. Has suitable financial status to meet the obligations incidental to the work 4. Has appropriate technical experience The Bidder will be required to establish to the satisfaction of the Owner the reliability and responsibility of the proposed Subcontractors and perform the Work described in the Bidding Documents pertaining to such proposed Subcontractors respective trades. 5.3 ACCEPTANCE OF BID (AWARD) It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner s judgment, is in the Owner s own best interests. In the event of tie bids where all factors are equal, award shall be made to the Washington County Bidder, the out-of-county Bidder, the Bidder incorporated in Maryland, and the Bidder not incorporated in the state of Maryland, in that order of preference. If bidders within these geographical designations are equal as all factor of consideration the award shall be made by a coin toss The Owner shall have the right to accept Alternates in any order or combination and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST-BID INFORMATION 6.1 CONTRACTOR S QUALIFICATION STATEMENT Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305, Contractor s Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. (Paragraphs deleted) AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 6

17 6.3 SUBMITTALS The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Architect in writing:.1 a designation of the Work to be performed with the Bidder s own forces;.2 names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and.3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder s option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND 7.1 BOND REQUIREMENTS The Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder s usual sources. Firm issuing bonds must be an A-rated or above bond company (A.M. Best rating) and be on the United States Treasury list and be licensed to do business in the State of Maryland If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum If the Owner requires that bonds be secured from other than the Bidder s usual sources, changes in cost will be adjusted as provided in the Contract Documents Bid Bond shall be in the amount of five percent (5%) of the total Bid and shall be submitted with the Washington County Board of Education as the sole oblige and shall be issued for a period of sixty (60) calendar days from the receipt of Bids The Contractors Performance Bond and Payment Bond shall be supplied in the amount of 100% of the value of the total contracted work and shall be submitted with the Washington County Board of Education as the sole obligee The Owner shall require within ten (10) days after Notice of Award of the Contract, the selected bidder to furnish PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND in the amount of not less than (100%) of the total amount of the contract covering the faithful performance of the Contract and the payment of all obligations arising there-under in such form and amount as specified in the Specifications. Unless otherwise approved by the Owner, obtain bonds from same surety that furnished bid security. The premiums for said bonds shall be paid by the Bidder. Obtaining of bonds by the selected bidder shall be a condition precedent to effectuation of the Contract between the Owner and the selected bidder. 7.2 TIME OF DELIVERY AND FORM OF BONDS The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 7

18 shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section The bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum The bonds shall be dated on or after the date of the Contract The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney indicating the monetary limit of such power. ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR The Agreement for the Work will be written on AIA Document A101, as amended by the Board of Education of Washington County, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum. ARTICLE 9 MISCELLANEOUS 9.1 OBJECTION OF AWARD Any Company objecting to the bid procedure or the recommendation for award has five (5) business days following the date of award by the Board of Education to file a written appeal to the Superintendent of Schools. It is the Company s responsibility to ascertain the date /time of the pertinent Board Meeting. The written appeal must be formally submitted on a company letterhead, dated, and signed by an officer of the company. The letter must clearly describe the basis for the objection in order to be considered. 9.2 EMARYLAND MARKETPLACE All bidders are strongly encouraged to register on the State of Maryland s emaryland Marketplace web portal to facilitate WCPS compliance to State law. For registration requirements, visit to join Maryland s gateway to bidding opportunities throughout the State. Effective June 1, 2008, public school systems in Maryland are required to publish notices of procurements and procurement awards on emaryland Marketplace. Awards can only be posted to registered companies. AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 8

19 Additions and Deletions Report for AIA Document A701 TM 1997 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:01:33 on 03/28/2011. PAGE 1 (Name and location or address)address): (Name, legal status and address)(name and address): Washington County Board of Education P.O. Box Commonwealth Road Hagerstown, MD (Name, legal status and address)(name and address): TABLE OF ARTICLESTABLE OF ARTICLES PAGE Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, A201 as modified by the Board of Education of Washington County, or in other Contract Documents are applicable to the Bidding Documents. 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents Documents, including Drawings and Specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents when the Construction Contract is executed Generally, neither law nor regulations make allowance for negligent errors either of omission or commission on the part of the bidders. Each Bidder, by making his Bid, represents that he has read and understands the Bidding Documents. Failure of the Bidder to thoroughly understand all aspects of the Solicitation before submitting his Bid will not act as an excuse to permit withdrawal of his Bid nor secure relief on plea of error Once the Contract is awarded to the successful Bidder, no claims for any extra work will be allowed because of alleged impossibilities in the production of the results specified, or because of inadequate or improper plans or specifications, and whenever a result is required, the successful Bidder shall furnish any and all extras and make any changes needed to produce, to the satisfaction of the Owner, the required results. Additions and Deletions Report for AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 1

20 2.1.7 The Bidder shall warrant that no person or selling agency has been employed or retained to solicit or secure the Contract upon an agreement of understanding for a commission or percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the bidder for the purpose of securing business. For breach or violation of the warrantee the Owner shall have the right to annul the Contract without liability or at its discretion to deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage, or contingent The Bidder, by the submission of this Bid agrees as a supplier of good, materials, equipment, or services covered by this Bid or the Contract that he will not discriminate in the employment in any way against any person or persons because of their race, creed, color, sex, national origin, age, or handicap. The Owner does not discriminate on the basis of race, color, sex, age, national origin, religion, or disability. PAGE Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder s deposit will be refunded.bid. Either a CD on which all of the Bidding Documents have been scanned or one (1) hard copy set of Bidding Documents will be issued to each bonafide bidder Questions shall be in writing and sent to the Owner for interpretation and/or clarification No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect s decision of approval or disapproval of a proposed substitution shall be final.where less than three (3) manufacturers or products are listed in the Specifications, or the specification lists "Approved Equal" as an acceptable product, the burden of proof of equivalency rests with the Contractor and evidence shall be submitted to the Architect and approved by Architect with final approval to be determined by the Owner. Criteria includes but is not limited to performance, materials, craftsmanship, quality control, certification procedures or requirements, warranty, installation procedures, etc.. Any proposed substitution, or proposed equal product, must be submitted to the Architect for review, 10 days prior to the bid date. After the receipt of bids and award of the Contract, the Owner and Architect are under no obligation to review or approve requests for substitution or equal products that were not specifically mentioned in the Specifications. The Owner reserves the right to request a substitute at any time in the project. PAGE Interlineations, alterations and erasures must be initialed by the signer of the Bid Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder s refusal to accept award of less than the combination of Bids stipulated Additions and Deletions Report for AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 2

21 by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner The contractor or subcontractor shall use or supply American steel products in performance of this Contract in accordance with the Annotated Code of Maryland, State Finance and Procurement Article as implemented in the Code of Maryland Regulations (COMAR) Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the Instructions to Bidders. required. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2.successful Bidder, upon his failure or refusal to execute and deliver the bonds required in Article 7 within ten (10) days after Notice of Award of the Contract shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his Bid Bid bond shall be in the amount of five percent (5%) of the total Bid and shall be submitted with the Washington County Board of Education as the sole oblige and shall be issued for a period of sixty (60) calendar days from the receipt of Bids If a surety bond is required, it Surety bond shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, Bond and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney. PAGE All copies of the Bid, the bid security, if any, security and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder s name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. Submit the Standard Form of Proposal and required documents in duplicate All prospective bidders must be currently pre-qualified with the WCPS Purchasing Department to be eligible to participate in the bidding process Upon request of the Owner, Bidders should be prepared to provide a list of major subcontractors after submission of bids and within two (2) business days of the request Errors in bids: Bidders or their authorized representatives are expected to read and review the bid solicitation documents in order to inform themselves as to the conditions, requirements, and specifications before they submit bids: failure to do so will be at the bidder s own risk and the bidder cannot secure relief from the plea of error. Generally, neither law nor regulations make allowance for errors either of omission or commission on part of bidders. In case of error in extension of prices in the bid, the unit price shall govern Bid security, if required, security shall be in an amount sufficient for the Bid as resubmitted No Bidder shall modify, withdraw or cancel his Bid, or any part thereof, for sixty (60) days after the receipt of Bids. Additions and Deletions Report for AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 3

22 PAGE The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and prospective Bidders may be required to furnish evidence of performance of similar projects of this magnitude and complication and all such information and data as requested. The Owner reserves the right to reject any bid if evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out obligations of the Contract and to complete the Work contemplated therein Conditional Bids will not be accepted The Owner also reserves the right to reject the bid of any Bidder who has previously failed to perform properly or complete on time, contracts of a similar nature, who is not in position to perform the contract, or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to Subcontractors, material, men, or employees. In determining the lowest responsible Bidder the following elements, in addition to those above mentioned, will be considered, whether the Bidder involved: 1. Maintains a place of business 2. Has adequate plant equipment to do the work properly and expeditiously, 3. Has suitable financial status to meet the obligations incidental to the work 4. Has appropriate technical experience The Bidder will be required to establish to the satisfaction of the Owner the reliability and responsibility of the proposed Subcontractors and perform the Work described in the Bidding Documents pertaining to such proposed Subcontractors respective trades It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner s judgment, is in the Owner s own best interests. In the event of tie bids where all factors are equal, award shall be made to the Washington County Bidder, the out-of-county Bidder, the Bidder incorporated in Maryland, and the Bidder not incorporated in the state of Maryland, in that order of preference. If bidders within these geographical designations are equal as all factor of consideration the award shall be made by a coin toss The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, combination and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. 6.2 OWNER S FINANCIAL CAPABILITY The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner s obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor. PAGE If stipulated in the Bidding Documents, the The Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder s usual sources. Firm issuing bonds must be an A-rated or above bond company (A.M. Best rating) and be on the United States Treasury list and be licensed to do business in the State of Maryland Bid Bond shall be in the amount of five percent (5%) of the total Bid and shall be submitted with the Washington County Board of Education as the sole oblige and shall be issued for a period of sixty (60) calendar days Additions and Deletions Report for AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 4

23 from the receipt of Bids The Contractors Performance Bond and Payment Bond shall be supplied in the amount of 100% of the value of the total contracted work and shall be submitted with the Washington County Board of Education as the sole obligee The Owner shall require within ten (10) days after Notice of Award of the Contract, the selected bidder to furnish PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND in the amount of not less than (100%) of the total amount of the contract covering the faithful performance of the Contract and the payment of all obligations arising there-under in such form and amount as specified in the Specifications. Unless otherwise approved by the Owner, obtain bonds from same surety that furnished bid security. The premiums for said bonds shall be paid by the Bidder. Obtaining of bonds by the selected bidder shall be a condition precedent to effectuation of the Contract between the Owner and the selected bidder. PAGE Unless otherwise provided, the The bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.attorney indicating the monetary limit of such power. Unless otherwise required in the Bidding Documents, the The Agreement for the Work will be written on AIA Document A101, as amended by the Board of Education of Washington County, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum. ARTICLE 9 MISCELLANEOUS 9.1 OBJECTION OF AWARD Any Company objecting to the bid procedure or the recommendation for award has five (5) business days following the date of award by the Board of Education to file a written appeal to the Superintendent of Schools. It is the Company s responsibility to ascertain the date /time of the pertinent Board Meeting. The written appeal must be formally submitted on a company letterhead, dated, and signed by an officer of the company. The letter must clearly describe the basis for the objection in order to be considered. 9.2 EMARYLAND MARKETPLACE All bidders are strongly encouraged to register on the State of Maryland s emaryland Marketplace web portal to facilitate WCPS compliance to State law. For registration requirements, visit to join Maryland s gateway to bidding opportunities throughout the State. Effective June 1, 2008, public school systems in Maryland are required to publish notices of procurements and procurement awards on emaryland Marketplace. Awards can only be posted to registered companies. Additions and Deletions Report for AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 5

24 Certification of Document s Authenticity AIA Document D I, Robert H. Rollins, Director of Facilities Planning & Development, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:01:33 on 03/28/2011 under Order No _1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A , Instructions to Bidders, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D Copyright 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 1

25 WASHINGTON COUNTY PUBLIC SCHOOLS P.O. Box 730 Hagerstown, Maryland PURCHASING DEPARTMENT Bidder: NO BID REPLY FORM To assist us in obtaining good competition on our Invitations to Bid, we ask that each firm that has received an invitation, but does not wish to bid, state their reason(s) below. This information will not preclude receipt of future invitations unless you request removal from the Bidders List by so indicating below. BID#: BID TITLE: Mechanical Systems Installation at Downsville Pike Unfortunately, we must offer a NO BID at this time because: 1. We do not wish to participate in the bid process. 2. We do not wish to bid under the terms and conditions of the Invitation to Bid document. Our objections are: 3. We do not feel we can be competitive. 4. We cannot submit a bid because of the marketing or franchising policies of the manufacturing company. 5. We do not wish to sell to the Washington County Public Schools. Our objections are: 6. We do not sell the items/services on which bids are requested. 7. Other: FIRM SIGNED We wish to remain on the Bidders List We wish to be deleted from the Bidders List.

26 WCPS ADMINISTRATIVE CENTER MECHANICAL SYSTEMS INSTALLATION WASHINGTON COUNTY, MARYLAND WASHINGTON COUNTY PUBLIC SCHOOLS Bid No WCPS ADMINISTRATIVE CENTER Mechanical Systems Installation SECTION STANDARD FORM OF PROPOSAL (Submit the following Proposal Form in duplicate) Bid STANDARD FORM OF PROPOSAL

27 WCPS ADMINISTRATIVE CENTER MECHANICAL SYSTEMS INSTALLATION WASHINGTON COUNTY, MARYLAND WASHINGTON COUNTY PUBLIC SCHOOLS Hagerstown, Maryland MECHANICAL SYSTEMS INSTALLATION AT THE WCPS ADMINISTRATIVE CENTER at Downsville Pike Hagerstown, Maryland Bid Opening on Wednesday, September 11, 2013 at 9:00 AM Local Time FORM OF PROPOSAL BID NO Proposal of (Corporation, a partnership, or an individual hereinafter called Bidder ) organized and doing business and existing under the laws of the state of. I/We as the Bidder, in compliance with the Invitation to Bid for the Mechanical Systems Installation at the WCPS Administrative Center, have examined the Bidding Documents, and have become familiar with all the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby propose to furnish all labor, materials, services and equipment necessary to properly complete the Work in accordance with the Contract Documents and Addenda, and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this Proposal is a part. All prices include all applicable sales and/or use taxes; include all insurance premiums required and include all premiums for a Performance Bond and a Labor and Material Payment Bond in the sum of one hundred percent (100%) of the Contract price. A five percent (5%) Bid Bond shall be attached to the Proposal. The Bid Bond amount shall be computed on the Lump Sum Total Price inclusive of Alternate Values; shall be submitted with the Washington County Board of Education as the sole obligee, and shall be issued for a minimum period of sixty (60) calendar days from the receipt of Bids. PREQUALIFICATIONS Bids received from contractors who have not been pre-qualified at least seven days prior to the bid opening will be refused or returned unopened to them. To obtain a prequalification questionnaire, contact the Purchasing Department or visit our web site: COMPLETION TIME SCHEDULE OF WORK I/We as the Bidder, agree to begin to perform the Work at the time stated in the Notice to Award/Proceed and to substantially complete the entire work in accordance with the provisions of the Contract Documents. If this work is not completed within the time period specified, I/we will be liable for Liquidated Damages of $1, per calendar day. Bid STANDARD FORM OF PROPOSAL

28 WCPS ADMINISTRATIVE CENTER MECHANICAL SYSTEMS INSTALLATION WASHINGTON COUNTY, MARYLAND BASE BID Bidders furnish all labor, materials, services, and equipment necessary to properly complete the Work required for the Mechanical Systems Installation at the WCPS Administrative Center in strict accordance with the Contract Documents for the following lump sum total: Lump Sum Total: (Amount in words) DOLLARS $ (Amount in numbers) ADDENDA The following Addenda have been received and reviewed and all Work therein is incorporated in the Bid Form of Proposal (if none please write NONE ): Addendum No. Date ATTACHMENTS The following items are mandatory and are to be included with the Bid Form of Proposal and shall be completed by the Bidder: 1. WCPS Bid/Proposal Affidavit 2. Bid Security See Section AIA Document A Bid Bond REPRESENTATIONS I/We as the Bidder, have reviewed the complete AIA Document A Instructions to Bidders, as modified by the Washington County Board of Education, and agree with the terms and conditions specified therein and submit this Bid Proposal in accordance. The Owner reserves the right to reject any or all Bids. The Owner shall have the right to waive informalities and irregularities in the bids and in the bidding process and to accept the Bid which, in the Owner s judgment, is in the Owner s own best interests. A Bid not accompanied by a required bid security, or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular, is subject to rejection. No Bidder shall withdraw, modify, or cancel his bid, or any part thereof, for a minimum of sixty (60) calendar days after the receipt of bids. The undersigned shall complete the total Work within the timeframe previously stated once the Owner indicates acceptance of this Bid Proposal by way of a written Notice of Award or Letter of Intent within this minimum sixty (60) day time period, or any time thereafter before the Bid is withdrawn. Bid STANDARD FORM OF PROPOSAL

29 WCPS ADMINISTRATIVE CENTER MECHANICAL SYSTEMS INSTALLATION WASHINGTON COUNTY, MARYLAND I/We certify that this Bid is made without previous understanding, agreement, or connection with any person, firm or corporation submitting a bid for the same items and/or services and is, in all respects fair and without collusion or fraud; that none of this company's officers, directors or its employees have been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or federal government; and that no member of the Board of Education of Washington County, administrative or supervisory personnel or other employees of Washington County Public Schools have any interest in the bidding company except as follows: (complete if applicable) Respectfully submitted, By (Company) (Signature) (Printed Name) (Business Address) (Date) (Title) (Phone) I/we the bidder represent, and agree that it is a precedent to acceptance of this bid, that the bidder has not been a party to any agreement to bid of fixed or uniform price. (SEAL) if bid is by Corporation. (Signature of Office & Title) (SEAL) SUBSCRIBED AND SWORN to before me, a Notary Public in the State of, County of City of this day of, Commission Expires: NOTICE: The Washington County Board of Education reserves the right to award any, all or none due to budgetary constraints. END OF FORM OF PROPOSAL Bid STANDARD FORM OF PROPOSAL

30 Bid Bond TM Document A CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) BOND AMOUNT: $ PROJECT: (Name, location or address, and Project number, if any) SURETY: (Name, legal status and principal place of business) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety s consent for an extension beyond sixty (60) days. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. If this Bond is issued in connection with a subcontractor s bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Init. / AIA Document A Copyright 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:13 on 01/03/2012 under Order No _1 which expires on 04/13/2012, and is not for resale. User Notes: ( ) 1

31 Signed and sealed this day of, (Contractor as Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) Init. / AIA Document A Copyright 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:13 on 01/03/2012 under Order No _1 which expires on 04/13/2012, and is not for resale. User Notes: ( ) 2

32 Additions and Deletions Report for AIA Document A310 TM 2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:58:13 on 01/03/2012. There are no differences. Additions and Deletions Report for AIA Document A Copyright 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:13 on 01/03/2012 under Order No _1 which expires on 04/13/2012, and is not for resale. User Notes: ( ) 1

33 Certification of Document s Authenticity AIA Document D I, Robert H. Rollins, III, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:58:13 on 01/03/2012 under Order No _1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A , Bid Bond, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D Copyright 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:13 on 01/03/2012 under Order No _1 which expires on 04/13/2012, and is not for resale. User Notes: ( ) 1

34 Performance Bond TM Document A CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) CONSTRUCTION CONTRACT Date: Amount: $ Description: (Name and location) SURETY: (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. BOND Date: (Not earlier than Construction Contract Date) Amount: $ Modifications to this Bond: None See Section 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER S REPRESENTATIVE: (Architect, Engineer or other party:) Init. / AIA Document A Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

35 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety s obligation under this Bond shall arise after.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety s receipt of the Owner s notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner s right, if any, subsequently to declare a Contractor Default;.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. / AIA Document A Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 2

36 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;.2 additional legal, design professional and delay costs resulting from the Contractor s Default, and resulting from the actions or failure to act of the Surety under Section 5; and.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety s liability is limited to the amount of this Bond. 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. Init. / AIA Document A Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 3

37 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init. / AIA Document A Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 4

38 Additions and Deletions Report for AIA Document A312 TM 2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:49:30 on 10/09/2012. There are no differences. Additions and Deletions Report for AIA Document A Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

39 Certification of Document s Authenticity AIA Document D I,, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:49:30 on 10/09/2012 under Order No _1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A , Performance Bond, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D Copyright 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

40 Payment Bond TM Document A CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) CONSTRUCTION CONTRACT Date: Amount: $ Description: (Name and location) SURETY: (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. BOND Date: (Not earlier than Construction Contract Date) Amount: $ Modifications to this Bond: None See Section 18 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER S REPRESENTATIVE: (Architect, Engineer or other party:) Init. / AIA Document A Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

41 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owner Default under the Construction Contract, the Surety s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner s property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety s expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. 5 The Surety s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor,.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and.2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6 If a notice of non-payment required by Section is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant s obligation to furnish a written notice of non-payment under Section When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety s expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety s failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8 The Surety s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney s fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner s priority to use the funds for the completion of the work. Init. / AIA Document A Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 2

42 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum:.1 the name of the Claimant;.2 the name of the person for whom the labor was done, or materials or equipment furnished;.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract;.4 a brief description of the labor, materials or equipment furnished;.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim;.7 the total amount of previous payments received by the Claimant; and.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor s subcontractors, and all other items for which a mechanic s lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. / AIA Document A Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 3

43 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init. / AIA Document A Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 4

44 Additions and Deletions Report for AIA Document A312 TM 2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:43:03 on 10/09/2012. There are no differences. Additions and Deletions Report for AIA Document A Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

45 Certification of Document s Authenticity AIA Document D I,, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:43:03 on 10/09/2012 under Order No _1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A , Payment Bond, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D Copyright 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

46 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 BID/PROPOSAL AFFIDAVIT COMAR Bidder shall complete and submit this bid/proposal affidavit to the Supervisor of Purchasing, Washington County Public Schools with the bid or offer. A. AUTHORITY I HEREBY AFFIRM THAT: I (print name) possess the legal authority to make this Affidavit. B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and supplies, and has not engaged in discrimination as defined in of the State Finance and Procurement Article of the Annotated Code of Maryland. Discrimination means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor s supplier s or commercial customer s employees or owners. Discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State s Commercial Nondiscrimination Policy as described under Title19 of the State Finance and Procurement Article of the Annotated Code of Maryland. B-1 Certification Regarding Minority Business Enterprises. The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, (a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and: Bid /Proposal Affidavit Page 1

47 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal; Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal; Fail to use the certified minority business enterprise in the performance of the contract; or Pay the certified minority business enterprise solely for the use of its name in the bid or proposal. Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. C. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section (b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):. D. AFFIRMATION REGARDING OTHER CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has: (1) Been convicted under state or federal statute of: Bid /Proposal Affidavit Page 2

48 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 (a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property; (2) Been convicted of any criminal violation of a state or federal antitrust statute; (3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C et seq., or the Mail Fraud Act, 18 U.S.C et seq., for acts in connection with the submission of bids or proposals for a public or private contract; (4) Been convicted of a violation of the State Minority Business Enterprise Law, of the State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of of the State Finance and Procurement Article of the Annotated Code of Maryland; (6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1) (5) above; (7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or (8)Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; or (9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in B and D (1)- (7) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):. E. AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT: Bid /Proposal Affidavit Page 3

49 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person's involvement in any activity that formed the grounds of the debarment or suspension).. F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES I FURTHER AFFIRM THAT: (1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections , et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and (2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):. G. SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction. H. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: Bid /Proposal Affidavit Page 4

50 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Neither I, nor to the best of my knowledge, information, and belief, the above business has: (1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or offer that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted. I. CERTIFICATION OF TAX PAYMENT I FURTHER AFFIRM THAT: Except as validly contested, the business has paid, or has arranged payment of all taxes due the State of Maryland and has filed all required returns and reports with the Controller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement. J. CONTINGENT FEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract. K. ACKNOWLEDGEMENT I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions f the State of Maryland ;(3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms, and covenants undertaken by the above business with respect to (1) this affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Bid /Proposal Affidavit Page 5

51 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Date: By: (Print name of Authorized Representative and Affiant) (Signature of Authorized Representative and Affiant) Bid /Proposal Affidavit Page 6

52 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 MANDATORY CONTRACT ADDENDUM COMAR CONTRACT AFFIDAVIT Bidder shall complete and submit this contract affidavit to the Legal Department of Washington County Public Schools to attach with the contract form. A.AUTHORITY I HEREBY AFFIRM THAT: I, (print name) possess the legal authority to make this Affidavit. B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION I FURTHER AFFIRM THAT: The business named above is a (check applicable items): Corporation- domestic or foreign Limited Liability Company- domestic or foreign Partnership- domestic or foreign Statutory Trust- domestic or foreign Sole Proprietorship and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with State Department of Assessments and Taxation is: Name and Department ID Number: Address: and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as: Mandatory Contract Addendum Page 1

53 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Name and Department ID Number: Address:. C. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of the State Finance and Procurement Article , Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall,within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I FUTHER AFFIRM THAT: I am aware of, and the above business will comply with, Election Law Article , Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary election. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head s designee has determined that application of COMAR and this certification in connection with the law enforcement agency s undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR shall have the same meanings when use in this certification. (2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: (a.) Maintain a workplace free of drug and alcohol abuse during the term of the contract; (b.) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business workplace and specifying the actions that will be taken against employees for violation of the prohibitions; (c.) Prohibit its employees form working under the influence of drugs or alcohol; Mandatory Contract Addendum Page 2

54 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 (d.) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e.) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred; (f.) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) The dangers of drug abuse and alcohol abuse in the workplace; (ii) The business s policy of maintaining a drug and alcohol free workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and (iv) (iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; (g.) Provide all employees engaged in the performance of the contract with a copy of the statement required by E(2)(b), above; (h.) Notify its employees in the statement required by E(2)(b), above, that as a condition of continued employment on the contract, the employee shall: (i.) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i)notify the procurement officer within 10 days after receiving notice under E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction; (j)within 30 days after receiving notice under E(2)(h)(ii),above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: (i) Take appropriate personnel action against an employee, up to and including termination; or (ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of E(2)(a)-(j),above. (3) If the business is an individual, the individual shall certify and agree as set forth in E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or alcohol in the performance on the contract. (4) I acknowledge and agree that: (a.) The award of the contract is conditional upon compliance with COMAR and this certification; Mandatory Contract Addendum Page 3

55 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 (b.) The violation of the provisions of COMAR or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR or , as applicable; and (c.)the violation of the provisions of COMAR or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR F. CERTAIN AFFIRMATIONS VALID I FURTHER AFFIRM THAT: To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgments contained in that certain Bid/Proposal Affidavit dated, 20, and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: By: (Printed name of Authorized Representative and Affiant) (Signature of Authorized Representative and Affiant) Mandatory Contract Addendum Page 4

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97 Supplement to the General Conditions of the Contract for Construction AIA Document A Paragraph 1.1.1; ADD the following to the end of the paragraph: Written material incorporated within the Agreement shall have precedence, and shall supersede conflicting requirements of the other Contract Documents. However, this provision shall apply only where such written material is explicit and clearly and fully enumerated within the Agreement, all provisions of various Contract Documents shall remain in force; notwithstanding all prior negotiations, representations, or agreements, either written or oral, including the Bidding Documents. Paragraph 1.1; ADD the following subparagraph ADDENDA Addenda are written or graphic instruction issued prior to the execution of the Contract which modifies or interprets the Bidding Documents, including Drawings, Specifications, by additions, deletions, clarifications, or corrections. Addenda will become part of the Contract Documents when the Construction Contract is executed. Paragraph 1.2.3; ADD the following subparagraphs It is the responsibility of each Bidder, Contractor and Subcontractor to familiarize himself with the provisions of the Contract Documents Alleged conflicts or ambiguities shall be brought in writing to the attention of the Architect prior to Proposal Submission. The Architect shall then issue a written interpretation in the form of an Addendum treating the area in question Should an alleged conflict or ambiguity be discovered after Proposal submission, it is agreed that the Contractor and/or Subcontractor shall be deemed to have estimated the work on the provisions and interpretation as may be directed by the Architect. It is understood that this provision shall not require the performance of any work unless such work is covered within the Contract Documents or is reasonably inferable there from as being necessary to produce the intended results If in the language of the Contract Documents it is alleged that certain provisions, words, phrases, and sentences may be considered unclear, equivocal, conflicting or ambiguous, it is understood and agreed, under the Contract, that they shall be interpreted by the Architect based on complementary provisions of all documents, the context of item in question, and the intent of the Architect Where any item of work or piece of equipment is referred to in the singular, it shall be deemed to apply to as many such items or pieces of equipment as required for a complete installation Words such as include, provide, install, perform, apply, construct, supply erect or similar instructions contained within the Contract Document are comprehensive actions to be performed by Contractor. Unless deliberately stated or otherwise indicated by contrasting wording, the above mentioned words shall include all others listed above The term noted or as indicated shall mean as shown, indicated or noted on the Drawings or in the Specifications or on any other Contract Document The term typical means a representative example to be repeated in all similar situations. However, minor variations where necessary to adapt the typical item to a specific situation shall be included. Page 1 of 24

98 Where reference is made to a text, standard, federal specification, manufacturer s directions, or to other publication, the latest publication published prior to the date of issuance of Contract Documents shall apply, unless identified in Specification by a specific publication date Locations, sizes, and depth of existing services (i.e. manholes, utilities, etc.) are indicated are based on records made available by the utility companies and/or the authorities having jurisdiction. Under the work of each applicable section, examine the premises and verify visible, existing conditions prior to proposal submission and the starting of work Drawing indications of items are generally diagrammatic. Connection and anchorage of materials, interconnection of equipment and accessories necessary to any system operation not otherwise detailed or specified shall be selected under the work of each section, subject to Architect s approval, to suit the requirements of the items. Paragraph 1.2.2; DELETE paragraph 1.2.2, and replace in lieu thereof the following NEW paragraph The organization of the Specifications into divisions, sections and paragraphs, and arrangement of Drawings shall in no way be construed to control or limit the manner in which the Contractor performs the work among his Subcontractors, nor shall they relieve the Contractor of his responsibility to perform the work, drawn and/or specified, in its entirety. Paragraph 1.2.2; ADD the following subparagraph Wherever in the Specifications there appears a reference to a Contractor or to the Subcontractor or a reference to a Contractor, installer or supplier of a particular trade, or for a particular type of Work, such reference, regardless of the language thereof, shall be deemed a reference to the Contractor. It shall not be construed as relieving the Contractor from the duty to perform all of the Work and other obligations provided for under this Contract. Paragraph 1.2; ADD the following subparagraphs Computed dimensions shall take precedence over scaled dimensions and large scale drawings over small scale drawings. The drawings are intended to show the general arrangement, design and extent of the Work, and are partly diagrammatic; they are not to be scaled or used in lieu of shop drawings were required Should the Drawings disagree in themselves, or with the Specifications, the better quality or greater quantity of Work or materials shall be used for the purpose of bidding and, unless otherwise ordered in writing shall be provided Where typical or representative detail is shown on the drawings, this detail shall constitute the standard in workmanship and materials throughout corresponding parts of the Work and, when necessary, the Contractor shall be required to adapt such detail for use in said corresponding parts of the Work, said adaptation however, shall be subject to the consent of the Architect. Paragraph 1.5.2; ADD the following to the end of the paragraph General information of existing conditions is available in the project manual. Paragraph 2.1.1; DELETE paragraph 2.1.1, and replace in lieu thereof the following NEW paragraph: The Owner is the Board of Education of Washington County identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term Owner means the Owner or the Owner s authorized representative. Where the word Architect occurs in these specifications, it shall be taken to designate either Architect or Engineer. Paragraph 2.1.2; DELETE paragraph 2.1.2, and replace in lieu thereof the following NEW paragraph: The Contractor understands that the Board of Education of Washington County is a public agency and no mechanics liens are permitted against its property. Paragraph 2.2.1; DELETE in its entirety. Page 2 of 24

99 Paragraph DELETE paragraph 2.2.3, and replace in lieu thereof the following NEW paragraph: The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site to the extent reasonably required for the execution of the Work and requested by the Contractor in writing within one (1) month of the date of the Contract. The Owner does not warrant or undertake responsibility for the location of utilities or the accuracy of tests concerning the soil, surface, and subsurface conditions. Paragraph 2.2.4; DELETE paragraph 2.2.4, and replace in lieu thereof the following NEW paragraph: Information or services under the Owner s control shall at the Contractor s written request be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. Paragraph 2.2.5; DELETE paragraph 2.2.5, and replace in lieu thereof the following NEW paragraph: The Contractor is responsible for obtaining and maintaining their own copies of Drawings and Project Manuals as necessary for execution of the Work. Paragraph 2.3.1; DELETE paragraph 2.3.1, and replace in lieu thereof the following NEW paragraph: If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, without additional charge, claim, or penalty 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. This right shall be in addition to and not in restriction or derogation of the Owner s rights under Section Paragraph 2.3; ADD the following subparagraph: If unforeseen conditions occur or are encountered which may substantially impair the quality of the Work unless the Work is suspended, the Owner may suspend the Work by written notice to the Contractor. In the event of such a suspension, Contractor shall be entitled to only adjustments in the Contract Time and an adjustment in the Contract Sum for costs actually incurred at the Project site by reason of such suspension. In any event where the Contractor reasonably determines that a suspension is required in such circumstances the Contractor shall promptly provide written notification to the Owner, and Architect of such determination. Paragraph 2.4.1; DELETE paragraph 2.4.1, and replace in lieu thereof the following NEW paragraph: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Owner, and Architect s and their respective consultants additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. Paragraph 3.2.1; ADD the following as the first sentence of the paragraph: The Contractor warrants that it has made itself familiar with the project site, including soils, surface and subsurface conditions and the location of utilities, and the improvements to be constructed. Page 3 of 24

100 Paragraph 3.3.1; ADD the following subparagraphs: Any construction means, methods, technique, sequence, and procedures specified within the Contract Documents are to establish minimum standards only Nothing contained within the Contract Documents shall be construed as limiting the Contractor s sole responsibility under this Article. Paragraph 3.3.3; ADD the following subparagraph: All inspections required by law shall be obtained by the Contractor including but not limited to those required by law to be obtained by the Owner and no failure of the Owner to obtain such inspection shall constitute a waiver of Contractor s obligation hereunder. The Contractor shall notify the Owner of any application for inspection required to be executed by the Owner. Paragraph 3.4.2; DELETE paragraph 3.4.2, and replace in lieu thereof the following NEW paragraph: If the specification has listed three (3) or more product lines, substitutions will not be considered. Where less than three (3) manufacturers or products are listed in the Specifications, or the specification lists Approved Equal as an acceptable product, the burden of proof of equivalency rests with the Contractor and evidence shall be submitted to the Architect and approved by Architect with final approval to be determined by the Owner. Criteria includes but is not limited to performance, materials, craftsmanship, quality control, certification procedures or requirements, warranty, installation procedures, etc.. Any proposed substitution, or proposed equal product, must be submitted to the Architect for review, 10 days prior to the bid date. After the receipt of bids and award of the Contract, the Owner and Architect are under no obligation to review or approve requests for substitution or equal products that were not specifically mentioned in the Specifications. The Owner reserves the right to request a substitute at any time in the project. Paragraph 3.4.3; ADD the following to the end of the paragraph: The Contractor shall at all times be in control of the Work and shall be responsible for the safety of his employees, subcontractors, sub-subcontractors, and their employees. Paragraph 3.4; ADD the following subparagraphs: Not later than ten (10) days from the Contract Date, the Contractor shall provide to the Architect, and the Owner a list showing the name of the manufacturer proposed to be used for each of the products identified in the Specifications, and, where applicable, the name of the installing Subcontractor The Architect will promptly reply in writing to the Contractor stating whether the Owner or the Architect, after due investigation, has reasonable objection to such proposal. If adequate data on any proposed manufacturer or installer is not available, the Architect may state that action will be deferred until the Contractor provides further data. Failure of the Owner or Architect to reply promptly shall not constitute notice of no reasonable objection. Acceptance of a substitute manufacturer must conform to such requirements By making requests for substitutions based on Clause above, the Contractor: (a) represents that he has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; (b) represents that he will provide the same warranty for the substitution that he would for that specified: (c) certifies that the cost data presented is complete and includes all related costs under his Contract, but excludes additional costs related to the substitution which subsequently become apparent: and (d) will coordinate the installation of the accepted substitute, making such changes as may be required for the work to be complete in all respects By law, all school sites are drug, alcohol and tobacco free Asbestos-Free Products. All products intended for use on this project shall be free of asbestos material in compliance with the Local, State and Federal laws and regulations. Page 4 of 24

101 3.4.9 Lead-Free-Paint. All paint used on this project shall be lead free. This requirement applies to all coatings, including materials applied at the place of fabrication or field application. Paragraph 3.5.1; DELETE paragraph 3.5.1, and replace in lieu thereof the following NEW paragraph: 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 be free from defects, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Paragraph 3.5; ADD the following subparagraphs: Provisions of these Contract Documents, including specified guarantees, shall not limit the extent or nature of any warranty or guarantee under the law; or limit the extent or nature of other warranty or guarantee provisions either expressed or implied, including warranties of merchantability or fitness for particular use Any Contract or Purchase pertaining to this project shall provide the Owner as ultimate user, with the right to all warranties and guarantees No Contract or Purchase pertaining to this project shall allow for waiver of warranties or guarantees Except as provided by the technical Specification Sections, each Contractor shall warrant all materials, workmanship, and equipment against original defects or against injury from proper and usual wear for a period of not less than two (2) years from the date of Substantial Completion of the project or designated portion thereof and shall repair or replace, at no additional cost to the Owner, any item which may become defective within the warranty period. Any exceptions or additions to this Paragraph are noted in the technical Specifications Sections. This Paragraph shall in no way limit the Contractor s obligation to warrant the work as identified in any other provisions of the Contract Documents. Paragraph 3.6.1; DELETE paragraph 3.6.1, and replace in lieu thereof the following NEW paragraph: The Contractor shall pay sales, consumer, use and similar taxes for the Work, or portions thereof, provided by the Contractor which are legally enacted when bids are received whether or not yet effective or merely scheduled to go into effect. Paragraph 3.6.1; ADD the following subparagraph: Contractor shall pay all costs associated with the performance of the work. Paragraph 3.7.1; DELETE paragraph 3.7.1, and replace in lieu thereof the following NEW paragraph: Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the building permit and the Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received. Provisions of this Paragraph shall apply to all items of work both permanent and temporary. The Owner will not reimburse the Contractor for the cost of elective permits which the Contractor chooses to secure in conjunction with his means and methods of executing the work or for any off-site permits. All permit fees not waived by the Governing Authorities will be reimbursed to the Contractor by Washington County Public Schools with no mark up of overhead, profit, or bond to the Contractor. The Owner will be responsible for payment of all utility connection fees. Page 5 of 24

102 Paragraph 3.7.3; DELETE paragraph 3.7.3, and replace in lieu thereof the following NEW paragraph: The Contractor shall review the Contract Documents to ascertain that the Contract Documents are to be best of the Contractor s knowledge in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor shall promptly notify the Architect and Owner in writing, of any variance therewith and necessary changes shall be accomplished by appropriate Modification. Paragraph 3.7.4; DELETE paragraph 3.7.4, and replace in lieu thereof the following NEW paragraph: If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Paragraph 3.8.1; DELETE paragraph 3.8.1, and replace in lieu thereof the following NEW paragraph: The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as acceptable to the Owner, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. Paragraph 3.8.2, Item 3; DELETE the following sentence: The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section and (2) Changes in Contract s costs under Section Paragraph 3.9; ADD the following subparagraphs: Within five (5) days following the award of the Contract, the Contractor shall furnish to the Owner a detailed resume of the proposed project manager, superintendent and assistant superintendent for the project. The Owner may make such investigations as he deems necessary to determine the qualifications of the proposed persons to perform their duties, and the Contractor shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject the candidates if the evidence submitted by or investigation of, the Contractor fails to satisfy the Owner that they are qualified to perform the duties An experienced project manager must be assigned to this project. His duties generally are to set schedules, to coordinate with the Architect s office and the field, to expedite subcontractors, to handle paperwork, to represent the Contractor in meetings and to maintain documentation in a timely manner. Communicating with the Architect and the Owner is an extremely important part of this job. If the project manager does not maintain the prompt performance of his duties, the Owner can direct the replacement and the approval of personnel for the position The position of superintendent is to be one of managing the Work on site and not to assist in any of the physical construction work. His duties are to coordinate, plan, problem solve, and keep the Work on schedule. He shall have an assistant superintendent who is at the work observing the subcontractors, anticipating material needs and to assist the superintendent as required. He also will be in charge and performing any other duties when the superintendent is absent. No work shall be done without one of these personnel there at the Work, including weekends, evenings, and holidays If the above personnel do not perform their duties to the Owner s satisfaction, the Owner may order him replaced and the Contractor shall comply therewith. No claim will be allowed for actions by the Owner under this provision The Contractor shall coordinate and supervise the work of the subcontractors to the end so that the Work is carried out without conflict between trades and so that no trade, at any time, causes delay to the general progress of the work. The Contractors and Subcontractors shall at all times afford each trade, any separate Contractor, or the Owner, every reasonable opportunity for the installation of Work and the storage of materials. Page 6 of 24

103 Paragraph ; ADD the following subparagraph: The Contractor shall revise and update construction schedule for the Work on a monthly basis, and submit to Owner and Architect. The Construction Schedule shall give accurate representation to the entire Project, for all completed, current, and planned activities within scope of Project, and include all respective dates. Paragraph ; ADD the following to the end of the paragraph; This shall be completed prior to final payment and shall be executed by the Contractor certifying that they have been kept in accordance with the provisions of this subparagraph and accurately reflect the construction of the Work as built. In addition to one copy of Drawings, Specifications, Addenda, Shop Drawings, Change Orders and Modifications, the Contractor shall maintain one additional set of Contract Documents to be used solely as a record for the future preparation of As-Built Drawings. The Contractor shall record all changes and departures from the Contract Documents (floor plans, site plans, ceiling plans, etc.) and the correct locations of concealed work, recording them in red ink on the Documents maintained for this purpose. Recording shall be made immediately after each item of work is completed. At the completion of the Project and before a final payment is made, the Contractor shall deliver these documents to the Architect. Paragraph ; DELETE paragraph , and replace in lieu thereof the following NEW paragraph: Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment or systems for some portion of the work. Paragraph 13.12; ADD the following subparagraph: Submittal review times listed in the Contract Documents are the minimum review time per submission. The Architect is not obligated to approve submittals on the first submission or any subsequent submission if the submittals are incomplete or require revision. It is the responsibility of the Contractor to schedule submittals well in advance of order and delivery times, allowing a reasonable variance in review time and the possibility of revisions and resubmission. Paragraph 3.13; ADD the following subparagraph: The Contractor shall assume responsibility for all of its construction activities on the site. All employees, subcontractors, sub-subcontractors, and material suppliers of the Contractor shall be bound by the directions of the Contractor pertaining to disposition of materials and equipment on the site and precautions necessary for protection of life and property. The Contractor shall be responsible for and shall maintain continuous access to the work for use by all contractors, employees, subcontractors, sub-subcontractors, and material suppliers. Paragraph 3.14; ADD the following subparagraph: No contractor shall cut structural members except with written permission of the Owner and Architect. Paragraph ; ADD the following to the end of the paragraph: The Contractor shall, on a daily basis, police and keep clean the site and surrounding areas of the project of his materials, rubbish, tools, construction equipment, machinery, or any materials to be stored thereon, either temporarily or permanently. Paragraph ; DELETE paragraph , and replace in lieu thereof the following NEW paragraph: To the fullest extent permitted by law, and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 11.3, the Contractor shall indemnify, protect, defend and hold harmless the Owner, Architect, Architect s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work caused in whole or in part by 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 Page 7 of 24

104 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 Section Paragraph 3.18; ADD the following subparagraphs: The obligations of the Contractor under this section 3.18 shall not extend to the liability of the Architect, their 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, designs or specifications, or (2) the giving of, or the failure to give, direction or instructions by the architect, their consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage and provided that the giving of such instructions is usual and customary as otherwise herein defined The Contractor agrees to perform the Work in a safe and proper manner and comply with all laws and Ordinances referring to such Work, and to indemnify and save the Owner, his respective agents, consultants, servants, and employees(hereinafter the Indemnities). Such indemnity, as used in this Article, includes the defense of claims, made against the Indemnities and all penalties for violation of the same The purchase of insurance by the Contractor shall in no event be construed as a fulfillment or discharge of the obligations set forth in this section To the fullest extent permitted by Law, the Contractor shall properly guard its Work and areas affected from being injured by it or by the condition of the Project Site, and shall in all respects comply with any and all provisions of the law and local ordinances relating to the maintenance of danger signals, barriers, lights, and similar safeguards respecting falling materials and in and about all excavations, protruding nails, hoists, openings, scaffolding, stairways and other parts of the work and adjacent area where the same are required. The Contractor agrees to indemnify, defend and save harmless the Indemnities against loss and expense by reason of liability imposed by law upon the Indemnities for damages because of bodily injuries including death at any time resulting therefrom, sustained by any person or persons other than employees of the Contractor, whether or not the Indemnities are negligent in such event To the fullest extent permitted by law, the Contractor shall agree to indemnify, defend and save harmless the Indemnities against loss and expense by reason of the liability imposed by law upon the Indemnities for damages because of bodily injuries, including death at any time resulting therefrom, sustained by any employee of the Contractor while at the site where Work under this Contract is conducted, or elsewhere, while engaged in the performance of Work under this contract. The Contractor will not indemnify the Indemnities sole or concurrent negligence, whether attributable to a breach of statutory duty, or administration regulation, or otherwise The Contractor agrees to indemnify and hold the Indemnities harmless by reason of any liens, claims, demands or other liabilities, which may be asserted against the Indemnities by any other independent Contractor on the Project, and which arise out of any act or omission of the Contractor In the event of any such liability, loss, expense, damage or injury, or if any claim or demand for damage is made against the Indemnities, the Owner may withhold from any payment due or thereafter to become due to the Contractor under the terms of this Contract, an amount sufficient in its judgment to protect and indemnify Indemnities for any and all such claims,liability expense, loss, damage or injury; or the Owner, in its sole decision may require the Contractor to furnish a surety bond satisfactory to the Owner, guaranteeing such protection, which bond shall be furnished by the Contractor within five (5) days after written demand had been made thereafter The indemnification obligation of the Contractor under this Article 3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefit payable by or Page 8 of 24

105 for the Contractor or any Subcontractor under Workman s Compensation Acts, Disability Benefits Acts or other employee benefits Acts The Owner will obtain and pay for, if necessary, the general building permit, post applicable utility bonds and pay access fees and right of way fees. The Contractor will arrange and pay for the cost of all other trade permits, approvals and inspections. The Contractor will be responsible for notifying all agencies to schedule inspections or approvals, whether permits or fees are in the Contractor s or the Owner s responsibility Contractor shall not place any signs, billboards or poster on any portion of the project site, building property or fences (temporary or permanent) surrounding the same, unless prior written permission has been received from the Owner, and then only of a size, material, color and type and a location approved by the Owner The Contractor shall be responsible for implementing safety programs for his own forces in accordance with Federal, State, and local requirements. In addition to other indemnities contained herein the Contractor agrees to indemnify and hold harmless against any and all damages, claims and losses, the Owner, and/or Architect from any and all damages, claims and losses made as a result of Contractor s failure to abide by this provision, the Contract and for any and all safety and health (including but not limited to OSHA, MOSH, and VOSH) claims or violations that are alleged or brought. Said indemnification shall include but not be limited to Owner s, and/or Architect s attorney s fees and costs. Paragraph ; DELETE the following: When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. Paragraph ; DELETE paragraph , and replace in lieu thereof the following NEW paragraph: The Architect s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents and acceptable to the Owner. Paragraph 4.3.1; ADD the following to the end of the paragraph: Written notice shall be on Contractor s stationary; meeting minutes and facsimile transmission will not be considered written notice. Paragraph 4.3.2; ADD the following to the beginning of the first sentence: Except as indicated in 4.3.7, Paragraph 4.3.3; DELETE paragraph 4.3.3, and replace in lieu thereof the following NEW paragraph: Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents except the Owner may withhold payment to an extent reasonably necessary to secure or compensate for a claim. Paragraph ; DELETE paragraph , and replace in lieu thereof the following NEW paragraph: If the Contractor wishes to make Claim for an increase in the Contract Time, written notice shall be made in writing to the Owner and Architect not more than ten (10) days after the commencement of the delay, otherwise shall be waived. The Contractor s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. Page 9 of 24

106 Paragraph ; ADD the following paragraph: It has been determined that the following table will be used to determine allowable noncompensable time extensions to the contract for unusually severe weather at the construction site based on a five (5) day work week. Month No. of work day delays that may be expected to occur under normal weather conditions. January 7 February 7 March 5 April 4 May 3 June 3 July 3 August 3 September 3 October 4 November 4 December 4 Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the contractor s scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated as listed above, the Contractor shall be entitled to additional Contract time. Paragraph 4.5; DELETE in its entirety Paragraph 4.6; DELETE in its entirety Paragraph 5.2.1; REVISE the first sentence in paragraph to read as follows: Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, but no later than 48 hours after requested by the Owner, shall furnish in writing to the Owner the names of persons or entities Paragraph 5.2.4; DELETE paragraph 5.2.4, and replace in lieu thereof the following NEW paragraph: The Contractor shall not change a Subcontractor, person or entity previously selected without approval of Owner. Paragraph 5.2; ADD the following subparagraphs: If the Contractor fails to submit names of persons or entities to whom the Owner and Architect has no reasonable objection within a reasonable amount of time, the Contract may be terminated by the Owner The Contractor shall not be entitled to progress payments prior to approval of the persons or entities as provided in Subparagraph Paragraph 5.3.1; REVISE the first sentence as follows: By appropriate agreement to By an appropriate written agreement Page 10 of 24

107 Paragraph 5.4.1; DELETE Item No. 1, and replace in lieu thereof the following NEW Item No. 1: assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 or stoppage of the Work pursuant to Subparagraph 2.3 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and Paragraph 5.4.2; DELETE in its entirety. Paragraph 6.1.4; DELETE in its entirety. Paragraph 6.2.4; DELETE paragraph 6.2.4, and replace in lieu thereof the following NEW paragraph: The Contractor shall promptly remedy damage caused by the Contractor to completed construction or partially completed construction or to property of the Owner or other Contractors as provided in Section ADD the following subparagraphs: Should the Contractor be caused damage by another Contractor, no action will lie against the Owner and the Owner shall have no liabilities therefore, but the Contractor may assert his claim for damages against such other Contractor as the third party beneficiary under the Contract between such other Contractor and the Owner. Should such other Contractor make a claim against the Owner or Architect on account of damages alleged to have been so sustained, such the Contractor agrees that he will hold the Owner or Architect harmless against any such claim or suit and the he will reimburse to the Owner or Architect as the case maybe, the cost of defending such suit, including reasonable attorney s fees, and if any judgment against the Owner or Architect arises therefrom the Contractor shall pay or satisfy it and shall pay all costs incurred by the Owner or Architect Upon entering the project, locate all general reference points provided, and take such action as necessary to prevent their destruction Under the work of each Contractor, subcontractor, and all personnel, layout work and be responsible for all lines, levels, elevations, and measurements from points provided. Exercise proper precautions to verify conditions indicated in the Contract Documents and be responsible for any error resulting from failure to exercise such precaution. Paragraph 7.1.2; DELETE paragraph 7.1.2, and replace in lieu thereof the following NEW paragraph: A Change Order shall not release the Contractor of obligations under the contract and be based upon agreement among the Owner, Contractor and Architect; A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. Paragraph 7.1; ADD the following subparagraph: Except in any emergency which might endanger life or property, no extra work or charge shall be made unless a written change order from the Owner and/or Architect has been received by the Contractor. Paragraph 7.3.2; DELETE paragraph 7.3.2, and replace in lieu thereof the following NEW paragraph s: A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order or in the event that full execution of a Change Order may cause undo delay to the work. Page 11 of 24

108 Paragraph 7.3.5; ADD the following to the end of the paragraph: Failure of the Contractor to advise the Architect of any disagreement with the Construction Change Directive within a reasonable period, and prior to the commencement of the change in the work involved, will constitute the Contractor s agreement to the terms provided in the Construction Change Directive. Paragraph 7.3.6, DELETE paragraph 7.3.6, and replace in lieu thereof the following NEW paragraph: If the Contractor does not respond promptly or disagrees with the method for adjustment in Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including an allowance for overhead and profit in accordance with the schedule set forth in Paragraph below. In such case, and also under Clause , the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section shall be limited to the following: All Change Orders shall be subject to the following format for itemization of the costs: 1. Attach an itemization of labor hours. A certified payroll affidavit may be required to substantiate labor rates. The cost of foreman and superintendents may be added only when the change order makes necessary the hiring of additional supervisory personnel or makes their employment for time in addition to that required by the basic contract, or if the foreman or superintendent participates in the actual work of the Change Order. 2. Labor burden percentage costs shall include all fringes, taxes, insurance, liabilities, workmen s compensation and unemployment. Labor burden percentage rates are subject to approval of the Owner and are not subject to profit and overhead. 3. Attach an itemization of all materials used listing unit prices and extended prices. 4. Attach an itemization of equipment used and rental rates. If equipment is a rental, attach copy of rental invoice. Rental equipment and contractor-owner equipment costs shall include all costs associated with the equipment, i.e. transportation, set-up, gas and oil. Rental rates shall not exceed rates established by local rental companies and MEANS DATA rates. 5. Profit and overhead shall be considered full reimbursement for any additional expenses caused by the change order work. The Contractor shall agree to profit and overhead markup on work by his own forces as outlined in paragraph 10 below. These allowances for overhead and profit include among other costs; maintenance and/or operations of Contractor s regular established office, branch office, and other facilities; resident and / or non-actively engaged supervision; time keepers; clerks; stenographers; watchmen; cost of correspondence; increased item of warranty under the change. 6. The cost of the bond is not included in allowable markups. 7. A Change Order request shall not be considered unless submitted with all required and requested supporting documentation. All parties to the change shall use the Change Order Format. 8. For all work to be performed by Subcontractor/Subcontractors, the Contractor shall furnish the Subcontractors itemized proposal which shall contain original signatures by an authorized representative of the Subcontracting firm. If requested by the Owner or Architect, proposals from suppliers or other supporting data to substantiate the Contractor s or Subcontractor s cost shall be furnished. 9. Change Order costs shall not exceed unit pricing as provided in the Contract Documents. 10. Unless otherwise specified, the allowable markup for combined overhead and profit, for work performed by the Contractor with his own forces will be based on the monetary value of the work in accordance with the following schedule: Value of work Combined Overhead and Profit $0 - $1,000 15% $1,001 - $5,000 10% $5,001 - $10,000 7% $10,001 - $25,000 5% Over $25,000 negotiated, but not more than 5% Page 12 of 24

109 11. For extra work performed by a Subcontractor with his own organization, the percentages for combined overhead and profit will be as outlined above. On the work partly or solely performed by a Subcontractor, the Contractor will be allowed five percent (5%) of total costs of the Subcontractor s labor, materials, overhead and profit only. Only one markup for combined overhead and profit by a Subcontractor will be permitted. 12. The Contractor shall submit all Change Orders on Washington County Public Schools Change Order Request Form attached in Contract Documents. Paragraph 7.3.8; DELETE in its entirety. Paragraph 7.4.1; DELETE paragraph 7.4.1, and replace in lieu thereof the following NEW paragraph: The Architect with concurrence of the Owner will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the purposes of the building and the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. Paragraph 8.1.2; DELETE paragraph 8.1.2, and replace in lieu thereof the following NEW paragraph: The date of commencement of the Work is the date established in the Notice to Proceed. If there is no Notice to Proceed it shall be such other date as may be established in the Owner-Contractor Agreement or elsewhere in the Contract Documents. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. Paragraph 8.1.3; DELETE paragraph 8.1.3, and replace in lieu thereof the following NEW paragraph: The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8 or when the required certificate of use or occupancy has been received by the Owner, whichever is later. Paragraph 8.2.2; DELETE the following: to permit the timely filing of mortgages, mechanic s liens and other security interests. Paragraph 8.2; ADD the following Subparagraph: Should the progress of the Work be delayed by any fault, neglect, act, or omission of the Contractor or any person or firm employed by him or should it be necessary to complete the work within the time permitted for the Contractor s work, the Contractor shall, at his own expense, work such overtime as may be necessary to make up for all lost time and to avoid delay in completion of the Work. The Contractor shall compensate the Owner for and hold him harmless against any and all cost, expense, losses, liability, and damages which the Owner may sustain or incur by reason of such delay. Paragraph 8.3.1; DELETE paragraph 8.3.1, and replace in lieu thereof the following NEW paragraph: Requests for extension of completion time due to conditions over which the Contractor has no control or its subcontractors and suppliers have no control will be reviewed by the Owner after written application is made to the Owner and Architect for a time extension, with reasons stated clearly, and detailed proof given for all delays beyond the Contractor s or its subcontractors and suppliers control. No time extension will be allowed except by written and specific approval of the Owner. Delays beyond the Contractor s or its subcontractors and suppliers control may include: an act or neglect of the Owner s own forces, Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in delivers, unavoidable casualties or other causes beyond the Contractor s or its subcontractors and suppliers control or by other causes which the Owner and Architect determine may justify delay, then the Contract Time shall be extended by Change Order. Extension of time shall be Contractor s sole remedy for delays unless the same shall have been caused by acts constituting intentional interference by the Owner with Contractor s performance Page 13 of 24

110 of the work where and to the extent such acts continue after Contractor s notice to Owner of such interference. Owner s exercise of any of its rights under Article 7, Changes in the work, or subparagraph , regardless of the extent or number of such changes, or Owner s exercise of any of its remedies of suspension of the work, or requirement of correction or re-execution of any defective work, shall not under any circumstances, constitute intentional interference with Contractor s performance of the work. No claim for extension of time shall be made or entertained on the basis of rejection of work in place, shop drawings, or samples or for non conformance with the Contract Documents. Paragraph 9.3.2, DELETE paragraph 9.3.2, and replace in lieu thereof the following NEW paragraph: Unless previously approved by Owner, payments shall not be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Similarly, unless previously approved by the Owner, payments shall not be made for materials and/or equipment stored off the site. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner s title to such materials and equipment or otherwise protect the Owner s interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. Paragraph 9.3.3; ADD the following: Nothing contained herein diminishes the responsibility of the Contractor to replace stolen, defective, or vandalized work, materials or equipment. Paragraph 9.4; ADD the following subparagraph: Retainage in the amount of ten (10%) percent shall be withheld with each application for payment until Substantial Completion. If the Contractor has shown earnest progress and prompt payment of subcontractors during the first half of the construction billing period, he may in writing to the Owner/Architect request that no further retainage be withheld. The Owner/Architect will review the request and respond in writing within 14 calendar days of the receipt of the request of their decision In any event where the Architect, with cause, does not certify payment or withholds certification to any extent, the Contractor shall nonetheless continue to fully perform the work. Paragraph 9.5.1; ADD the following item: mechanic s lien notice or action filed, or reasonable evidence indicating probable filling of each notice or action. Paragraph 9.6.1; ADD the following to the end of the paragraph: Progress payments shall not be due until the following conditions have been achieved: (A) The Contractor has submitted a sworn Application for Payment in an Owner s approved format showing all money paid out and costs incurred to the date of Application for Payment: (B) The Contractor has submitted unconditional lien waiver on a form acceptable to the Owner, establishing the total amount of payments to date and conditional lien waivers for the amount of payments to date and conditional lien waivers for the amount of the current request for all Subcontractors and Supplies. Paragraph 9.7.1; DELETE paragraph 9.7.1, and replace in lieu thereof the following NEW paragraph s: If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect, then the Contractor may, upon fifteen (15) additional days written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor s reasonable costs of shut-down, delay, and start-up, plus interest as provided for in the Contract Documents. Page 14 of 24

111 Paragraph 9.8.1; ADD the following to the end of the paragraph: Substantial Completion shall include receipt and all warranties and approval of all O&M Manuals, demonstrations and training as required by the Contract Documents. Paragraph 9.8; ADD the following subparagraph: When the Architect and Owner agree that the project has reached Substantial Completion as set forth in paragraph 8.1.3, is on schedule, and it appears that there are no complications, problems in completing the job, the retainage may be reduced to five percent (5%) at the Owner s discretion. Paragraph 9.9.1; DELETE paragraph 9.9.1, and replace in lieu thereof the following NEW paragraph: The Owner may occupy or use any completed or partially completed portion of the Work at any stage. Paragraph , DELETE paragraph , and replace in lieu thereof the following NEW paragraph: Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment with AIA Form and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner and Release of Liens on the Contractor s Affidavit of Release of Liens and Payments of Debts and Claims AIA Form: (6) all records, drawings and specifications, addenda, change orders, and other modifications maintained at the site under the subparagraph all warranties, instruction and maintenance manuals required. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys fees. Final payment to the Contractor shall not become due until all close-out documents have been properly submitted to and certified by the Architect, and delivered by the Architect to the Owner. Paragraph ; ADD the following item: faulty or defective Work appearing after Substantial Completion. Paragraph 9.10; ADD the following Subparagraph: Final payment constituting the entire unpaid balance of the Contract Sum shall be paid by the Owner to the Contractor not later than sixty (60) days after the work has been completed and accepted by the Owner, and the Architect, in accordance with all other provisions of Paragraph ; DELETE paragraph , and replace in lieu thereof the following NEW paragraph: The Contractor shall solely be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor s safety program to the Owner. It is expressly understood and agreed that the Owner, the Architect, and his Project Representative are not in charge of the Work or in control thereof. Any provisions in the Contract Documents in conflict with this Article shall be null and void. Page 15 of 24

112 Paragraph ; ADD the following: This person, or approved alternate person, shall be on site at all times while personnel for whom they are responsible are on site. This person will be fully responsible for implementing and enforcing a program amongst his company s employees, that ensures their safety and the safety of others affected by their work, and that is in full compliance with governing agencies including the Occupational Safety and Health Administration. Paragraph ; DELETE paragraph , and replace in lieu thereof the following NEW paragraph: The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety or the safety of persons or property and the Contractor shall protect adjoining properties, streets, walkways, sidewalks, and paths so as to protect the safety of persons or property using such adjoining properties, walkways, sidewalks and paths. Paragraph 10.2; ADD the following subparagraphs: The Contractor shall maintain an updated materials data sheet for materials being used by Contractor of the Work. A copy of the list must be kept on site by the Contractor in a readily accessible area. Under no circumstances will the storage of hazardous materials unnecessary for completion of the Work to be allowed on site. It is the Contractor s responsibility to promptly remove all stored hazardous materials from the site upon completion of the Work for which it is intended The Contractor shall protect excavations and structures from damage by rain, water, ground water, or water from any other source The Contractor shall provide constant protection to maintain work, materials, apparatus and fixtures free from injury and damage by rain, snow, wind, storms, frost, or heat and normal constructions operations and shall protect work as necessary or at the end of each day s work The Contractor shall remove work damaged due to failure to provide specified protection and replace the work at no additional cost to the Owner. Paragraph 10.3; ADD the following subparagraph: In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect. Paragraph ; ADD the following: Failure of Contractor to stop work upon encountering asbestos or PCB per Subparagraph shall relieve the Owner of responsibility for any losses by the Contractor attributable to these materials. Paragraph ; DELETE paragraph , and replace in lieu thereof the following NEW paragraph: In any case of an emergency, the Contractor shall immediately respond in accordance with the Contractor s safety plan and notify the Architect and Owner by the most expeditious means available, written notice explaining the situation and actions taken. Paragraph 10.6; ADD the following subparagraph: Additional compensation or extension of time will not be considered or permitted for emergencies arising from delay, damage, or loss as stipulated in and or other applicable provisions. Page 16 of 24

113 Paragraph 11.1; REVISE the paragraphs as follows: General Insurance Requirements The Contractor shall require all Subcontractors to maintain during the term of the Contract commercial general liability insurance, business auto liability insurance, workers compensation insurance, employers liability insurance, and umbrella excess liability insurance to the same extent required of the Contractor. The Contractor shall furnish Subcontractors certificates of insurance to the Owner immediately upon request All insurance policies required hereunder shall be endorsed to provide that policy is not subject to cancellation, non-renewal or material reduction coverage until sixty (60) days prior written notice has been given to the Owner All required insurance coverages must be underwritten by insurers allowed to do business in the State of Maryland and acceptable to the Owner. The insurers must also have a policy holders rating of A- or better, and a financial size of Class VII or better in the latest evaluation by A.M. Best Company, unless Owner grants specific approval for an exception Insurance Limits The Contractor shall purchase and maintain the following insurance coverages on an occurrence basis which shall be written for not less than the limits specified below or required by law, whichever is greater Commercial general liability insurance or its equivalent for bodily injury, personal injury and property damage including loss of use, with minimum limits of: $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate; and $2,000,000 projects/completed operations aggregate This insurance shall include coverage for all of the following: i. General aggregate limit applying on a per project basis; ii. Liability arising from premises and operations; iii. Liability arising from actions of independent contractors; iv. Liability arising from products and completed operations with such coverage to be maintained for two years after completion of Work; v. Contractual liability including protection for contractor from bodily injury and property damage claims arising out of liability assumed under this Contract; and vi. Liability arising from the explosion, collapse, or underground (XCU) hazards Business auto liability insurance or its equivalent with a minimum limit of $1,000,000 per accident and including coverage for all of the following: i. Liability arising out of ownership, maintenance or use of any auto (or hired and nonowned autos only if no owned autos); and ii. Auto contractual liability Workers compensation insurance or its equivalent with statutory benefits as required by any state or Federal law, including standard other states coverage; employers liability insurance or its equivalent with minimum limits of: $100,000 each accident for bodily injury by accident; $100,000 each employee for bodily injury by disease; and $500,000 policy limit for bodily injury by disease. Page 17 of 24

114 Umbrella excess liability or excess liability insurance or its equivalent with minimum limits of: $5,000,000 per occurrence; $5,000,000 aggregate for other than products/completed operations and auto liability; and $5,000,000 products/completed operations aggregate And including all of the following coverages on the applicable schedule of underlying insurance: i. Commercial general liability ii. Business auto liability; and iii. Employers liability The elected and appointed officials, officers, consultants, agents and employees and authorized volunteers of the Washington County Board of Education shall be named as additional insureds on the Contractor s commercial general liability insurance and umbrella excess or excess liability insurance policies with respect to liability arising out of the Contractors projects, installation, and/or services provided under this Contract. Such coverage shall extend to cover the additional insured(s) for liability arising out of the following: i. On-going operations; and ii. Projects and completed operations The commercial general liability policy and the umbrella excess liability or excess liability policies, if required herein, must include additional insured language, which shall afford liability coverage for the exposures listed above in i. and ii The certificate of insurance must be provided to the Purchasing Department of WCPS, Hagerstown, MD prior to commencement of the Contract. Paragraph ; REVISE the paragraph as follows: WCPS will not provide Builder s Risk protection as it does not apply. Paragraph , REVISE the paragraph as follows: The Owner will effect and maintain All Risk insurance for physical loss or vandalism and malicious mischief perils subject to a deductible of $1,000 per occurrence upon all structures and appurtenances thereto on which the Work of the Contract is to be done to the full insurable value thereof, including materials in place or to be used as part of the permanent construction. Coverage shall protect the Owner, the Contractor and Subcontractor as interests may appear. The Owner does not maintain insurance of any kind on tools, equipment, temporary offices, sheds, shacks, and other property of the Contractor or his employees, no materials or supplies stored on site or away from the job site. It shall be the complete responsibility of the Contractor to provide for his own protection and that of his employees against any losses of such tools, equipment, and other property and materials. Paragraph ; DELETE in its entirety. Paragraph ; REVISE the paragraph as follows: WCPS will not provide boiler and machinery insurance as it does not apply. Page 18 of 24

115 Paragraph ; REVISE the paragraph as follows: If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach. If after such loss no other special agreement is made, replacement of damaged property shall be covered by appropriate Change Order. Paragraph ; REVISE the paragraph as follows: The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing five days after occurrence of loss to the Owner s exercise of this power. Paragraph ; REVISE the paragraph as follows: Unless waived by the Owner in writing, the Contractor shall furnish a Performance Bond and Labor and Material Payment Bond covering the faithful performance of the Contract and the payment of all obligations arising thereunder and complying with the requirements of Maryland law. Both Bonds shall be in the amount of one hundred percent (100%) of the contract amount and shall name the Owner as Obligee. Firms issuing bonds must be licensed to write bonds in the State of Maryland. The Contractor shall pay premiums for required bonds. Obtaining of bonds by Contractor shall be a condition precedent to effectuation of the Contract between the Owner and Contractor. If additional work is authorized the amounts of the bonds shall be increased to cover the value of the increased Contract sum. All bonds shall confirm to the requirements of the Maryland Little Miller Act. Paragraph ; REVISE the paragraph as follows: If any portion of the Work is covered contrary to the request of the Architect or to the requirements specifically expressed in the Contract Documents, it must, if required in writing by either, the Architect, Owner, or any other governmental agency be uncovered for their observation and be replaced at the Contractor s expense without change in the Contract Time. Paragraph ; REVISE the paragraph as follows: The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect s, the Owner s, or any governmental agency s services and expenses made necessary thereby. Paragraph ; ADD the following subparagraphs: Defective work shall include by not be limited to Work which may be caused by deterioration or failure to perform due to: premature wear (not occasioned by abuse); or inherent defects in materials workmanship of manufacturer, or fabrication; or improper execution of work Cost of correcting such related work also includes all contingent damages arising therefrom, including damages to the work (whether installed by the Contractor or another) and to other property of the Owner Such warranties as provided herein do not deprive the Owner of the Owner s right to prosecute any claim for breach of contract Any defective or nonconforming work during this period, causing hazard to life, safety, property, or use causing the Owner a financial loss shall be corrected immediately without regard to normal working hours. The Owner will immediately endeavor to make telephone notice to the Contractor on the next working day. Page 19 of 24

116 The Owner shall direct, if endeavors to contact the Contractor fail, certain telephone notification to Subcontractors in order to expedite emergency repairs. The Contractor shall not be relieved of this responsibility and shall supervise and direct correction of defects as required by the Contract Documents The manufacturer of a product may be specifically mentioned as a party to a warranty. Then, in such cases, it shall be the Contractor s obligation to produce the required warranty of the manufacturer and submit it to the Architect for examination and approval. Inclusion of a manufacturer as a party to a warranty does not relieve the Contractor from the requirements of the Contract Documents Warranties on operating systems, equipment, or components placed in operation prior to Substantial Completion or acceptance shall begin on the date of Substantial Completion. Paragraph ; REVISE the paragraph as follows: In addition to the Contractor s obligations under Section 3.5, if, within two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the two-year period for correction of Work, if the Owner fails to notify the correction by the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. Paragraph ; REVISE the paragraph as follows: The two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. Paragraph ; REVISE the paragraph as follows: The two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section Paragraph ; REVISE the paragraph as follows: The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor s correction or removal of Work which is not in accordance with the requirements of the Contract Documents, including attorneys fees and expenses. Paragraph ; REVISE the paragraph as follows: Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the two-year period for the correction of Work as described in Section relates only to the specific obligation of the Contactor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor s liability with respect to the Contractor s obligations other than specifically to correct the Work. Page 20 of 24

117 Paragraph 12.2; ADD the following subparagraph: Inspection, failure to inspect, or approval or acceptance of any part of the Work, or any payment on account thereof, shall not in any way limit the right to reject materials or equipment later found by the Architect, the Owner, or any Governmental Agency to be defective or not in accordance with requirements of the Contract Documents. Paragraph 13.3; ADD the following subparagraph: All proposals, approvals, instructions, requests, claims, demands and other notices shall be made in writing on Contractor s stationary; meeting minutes and facsimile transmission will not be considered written notice. Paragraph ; REVISE the paragraph as follows: No consent or waiver, expressed or implied, by either party to this agreement to or of any breach or default by the other in performance of any obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default by such party hereunder. Failure on the part of any party hereto to complain of any act or failure to act of the other party or to declare the other party in default hereunder, irrespective of how long such failure continues, shall not constitute a waiver of the rights of such party hereunder. Inspection by, payment by, or tentative approval or acceptance by the Owner or the failure by Owner to perform any inspection hereunder, shall not constitute final acceptance of the work or any part thereof, and shall not release Contractor from any of its obligations hereunder. Paragraph 13.4: ADD the following subparagraph: The Contractor is subject to liquidated damages in the amount set forth on the bid form specification for delay of the date established in the Contract Documents for substantial completion, when such delay has been determined to be caused by the Contractor. Paragraph ; DELETE paragraph , and replace in lieu thereof the following NEW paragraph: Where Specifications or IBC Code requires testing by an independent testing laboratory, the Owner will retain and pay for the services of a testing laboratory under a separate contract. The Contractor shall be responsible for coordinating the scheduling of all tests with the testing laboratory. Reports will be delivered to the Owner, Architect, and the Contractor simultaneously. 1. Tests, inspections and approvals of portions of the Work not listed in the Contract Documents by required by the laws, ordinances, rules, regulations or orders or public authorities or municipalities having jurisdiction shall be made at an appropriate time. 2. The contractor shall make arrangements for such tests, inspections and approvals with the Owner s independent testing laboratory or with the appropriate public authority. 3. The Contractor shall give the Owner and Architect\Engineer timely notice of when and where tests and inspections are to be made so the Architect\Engineer may observe such procedures. Paragraph 13.5: ADD the following subparagraph: If required, subsequent to completion of construction, the Contractor shall submit to the Owner a signed certification indicating that to the best of his knowledge and belief, Work was performed in accordance with the approved Construction Documents. Paragraph ; REVISE the paragraph as follows: No interest shall be paid by the Owner to Contractor under the Contract Documents. Paragraph ; REVISE the paragraph as follows: Contractor recognizes and agrees that Owner is a Governmental Agency and that the statute of limitations is not applicable to the Owner. Page 21 of 24

118 Paragraph ; DELETE in its entirety. Paragraph ; REVISE the paragraph as follows: If one of the reasons described in section exists, the Contractor may, upon seven additional days written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work Executed to date. Paragraph ; DELETE in its entirety. Paragraph ; REVISE the paragraph as follows: If the Contractor is adjudged a bankrupt or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of insolvency, or if he fails to make prompt payment for materials, supplies, labor, or other items purchased or used in connection with the work or to Subcontractors, or if he fails to pursue the work in accordance with the Contract Documents or schedules established, or fails to supply enough skilled supervisors, or workmen, or materials, tools, equipment, or supplies, or the proper quality (including failure occasioned by strike, picketing, boycott, or other cessation of the work),or if he interferes with or disrupts or threatens to interfere or disrupt the operations of the Owner, or any other Contractor or Subcontractor, which by reason of labor dispute, picketing, boycott, other cause, or if he is otherwise guilty of a substantial violation of the provisions of the Contract Documents, the Owner may, without prejudice to any right or remedy and after giving the Contractor and his Surety, if any, two (2) days notice, or immediately in the event the default will, in the reasonable judgment of the Owner, endanger the project if permitted to continue, terminate the employment of the Contractor and take possession of the site and materials in the Contractor s shop or in transit, and my finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. Paragraph ; REVISE the paragraph as follows: When any of the above reasons exist, and the Owner confirms that sufficient cause exists to justify such action, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor s surety, if any, two (2) days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: 1. take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor 2. accept assignment of subcontractors pursuant to Section 5.4; and 3. finish the Work by whatever reasonable method the Owner may deem expedient. Paragraph , REVISE the paragraph as follows: If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architects services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the Architect in the manner provided in Paragraph 9.4, and this obligation for payment shall survive termination of the Contract. Paragraph 14.2; ADD the following subparagraph: In addition to, and not in substitution of the remedies herein specified, the Owner may, with cause, upon two (2) days written notice to the Contractor, provide or arrange for the provision of such workmen and materials necessary to continue and complete the work contracted for hereunder for the account of the Contractor and at Contractor s cost and expense, and apply any and all funds which may become due to the Contractor thereto, all without terminating, rescinding, or voiding this Agreement of releasing the Contractor from any liability hereunder. Page 22 of 24

119 Paragraph ; REVISE the paragraph as follows: The Owner may, at any time, terminate the Contract in whole or in part for the Owner s convenience and without cause. Termination by the Owner under this Paragraph shall be by a notice of termination delivered to the Contractor specifying the extent of termination and the effective date. Paragraph ; REVISE the paragraph as follows: Upon receipt of a notice of termination for convenience, the Contractor shall immediately in accordance with instructions from the Owner, proceed with performance of the following duties regardless of delay in determining or adjusting amounts due under this Paragraph..1 cease operation as specified in the notice;.2 place no further orders and enter into no further Subcontracts for materials, labor services or facilities except as necessary to complete on-going portions of the Contract as directed by the Owner;.3 terminate all Subcontracts and orders to the extent they relate to the Work terminated;.4 proceed to complete the performance of Work not terminated; and.5 take actions that may be necessary or that the Owner may direct, for the protection and preservation of the terminated Work. Paragraph ; REVISE the paragraph as follows: Upon such termination, the Contractor shall recover as its sole remedy payment for Work properly performed in connection with the terminated portion of the Work prior to the effective date of termination and for items properly and timely fabricated off the Project site, delivered and stored in accordance with the Owner s Instructions. The Contractor herby waives and forfeits all other claims for payment and damages including without limitation, anticipated profits. Paragraph 14.4; ADD the following subparagraph: The Owner shall be credited for (1) payments previously made to the Contractor for the terminated portion of the Work, (2) potential claims which the Owner has against the Contractor under the Contract and (3) the value of the materials, supplies, equipment or other items that are to be disposed of by the Contractor that are part of the Contract Sum. The Owner may at its option also require that the Contractor assign the balance of the Contract to another Contractor of the Owner s choosing. If the Contractor fails or refuse to execute any documents necessary to effectuate such assignment, the Owner may execute such documents on behalf of the Contractor. ADD the following paragraphs: 15.1 Policies of Employment The Contractor shall maintain the policies of employment as follows: The Contractor and all Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or age. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, sex, national origin or age. Such action shall include but not limited to the following: Employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of non-discrimination The Contractor and all subcontractors shall in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regards to race, religion, color, sex, national origin, or age Minority Business Enterprise (MBE) Requirements are part of the Conditions of the Contract. Page 23 of 24

120 The Maryland General Assembly has enacted a law that prohibits a person who enters into a contract with the Washington County Board of Education from knowingly employing an individual to work at a school if the individual is a registered sex offender. It is your duty as a person who has or, who may have, a contract with the Washington County Board of Education to confirm whether an individual you plan to assign to work at a Washington County school is a registered sex offender. A person who violates this law is guilty of a misdemeanor and or conviction is subject to imprisonment not exceeding five (5) years or a fine not exceeding $5, or both In the event you assign an individual to work at a Washington County school and a claim or lawsuit is asserted against the Washington County Board of Education or any of its employees or agents as a result of such act or omission, you must indemnify and hold harmless the Washington County Board of Education and its employees and agents from any and all loses, expenses, litigation expenses, attorney s fees, court costs, settlements, judgments or the like "Protection of Resident Workers Clause - The contractor shall comply with all federal, State and local laws, regulations and ordinances applicable to its activities and obligations under this contract. The Immigration & Nationality Act (INA) includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States, (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U. S. The employer must verify the identity and employment eligibility of anyone to be hired. The contractor shall establish appropriate procedures and controls so no services or products under the contract documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. For more information, visit the U.S. Citizenship and Immigration Services website: END OF SUPPLEMENTAL CONDITIONS Page 24 of 24

121 AIA Document A101 TM 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year «Two Thousand Thirteen» (In words, indicate day, month and year) BETWEEN the Owner: «Board of Education of Washington County» «820 Commonwealth Avenue Hagerstown, MD 21740» and the Contractor: for the following Project: Bid No Mechanical Systems Installation at WCPS Administrative Center Downsville Pike Hagerstown, Maryland The Architect is: King, Asbury & Associates 6 N. East Street Frederick, Maryland The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A , General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 1

122 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than: «The Contractor shall achieve Substantial Completion of the entire Work not later than.» Portion of Work Substantial Completion Date Complete Project November 15, 2013 subject to adjustments of this Contract Time as provided in the Contract Documents. «Liquidation damages in the amount of One Thousand Dollars ($1,000) per day to apply and shall be assessed against the contractor for delay to Substantial Completion.» AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 2

123 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor s performance of the Contract. The Contract Sum shall be Dollars and Zero Cents» ($ ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Price Per Unit ($ 0.00) None 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price None ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 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, or as follows: Provided that an Application for Payment is received by the Architect not later than the «1 st» day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the «15th» day of the «following» month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than «Forty-five» («45») days after the Architect receives and approves the Application for Payment Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor s Applications for Payment Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent» («5.00%»). Amounts for changes in the work shall not be included on an Application for Payment until the Change Order is executed..2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent» «5.00%»). Reference the Washington County Public School s Supplement Conditions to the AIA Document A , page 14 of 23, paragraph for the policy concerning payments for stored materials. AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 3

124 .3 Subtract the aggregate of previous payments made by the Owner; and.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A The progress payment amount determined in accordance with Section shall be further modified under the following circumstances:.1 Upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section of AIA Document A requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any..2 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable shall be in accordance with Section of AIA Document A Reduction or limitation of retainage, if any, shall be at the sole discretion of the owner Except with the Owner s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor per the Washington County Public School s Supplement Conditions to the AIA Document A , paragraph the Contractor has fully performed the Contract except for the Contractor s responsibility to correct Work as provided in Section of AIA Document A , and to satisfy other requirements, if any, which extend beyond final payment; and.2 a final Certificate for Payment has been issued by the Architect The Owner s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect s final Certificate for Payment, or as follows: ARTICLE 7 TERMINATION OR SUSPENSION 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A The Work may be suspended by the Owner as provided in Article 14 of AIA Document A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of AIA Document A or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Deleted 8.3 The Owner s representative: 8.4 The Contractor s representative: (Name, address and other information)» AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 4

125 8.5 Neither the Owner s nor the Contractor s representative shall be changed without ten days written notice to the other party. 8.6 Other provisions: The following provisions may be fully described in the General Conditions of the Contract for Construction and the associated Supplemental Conditions by Washington County Public Schools. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below The Agreement is this executed AIA Document A , Standard Form of Agreement Between Owner and Contractor The General Conditions are AIA Document A , General Conditions of the Contract for Construction as presented in the Project Manual, as modified by the Board of Education of Washington County The Supplementary and other Conditions of the Contract are those contained in the Project Manual; dated August 26, The Specifications are those contained in the Project Manual dated August 26, 2013, and are listed in Exhibit A The Drawings are dated August 26, 2013 and listed in Exhibit B unless modified by the Addenda listed in Section below: The Addenda, if any: Number Date ARTICLE 10 INSURANCE AND BONDS 10.1 The Contractor shall provide a Performance Bond and a Labor and Material Payment Bond in the sum of one hundred percent (100%) of the Contract price as set forth in AIA Document A General Conditions of the Contract for Construction, as amended by the Board of Education of Washington County The Contractor shall provide insurance with limits as described within Article 11 of the General Conditions of the Contract for Construction AIA Contract A , as amended by the Board of Education of Washington County Certificate of Insurance: Prior to proceeding with the work, the contractor agrees to provide a Certificate of Insurance with the application coverage as listed in the Specifications:» List the Certificate Holder and Additional Insured as: List the Project as: Board of Education of Washington County Mechanical Systems Installation at 820 Commonwealth Avenue WCPS Administrative Center Hagerstown, MD Downsville Pike Hagerstown, Maryland AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 5

126 This Agreement entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER (Signature) «Clayton M. Wilcox, Ed.D» «Superintendent of Schools» (Printed name and title) CONTRACTOR (Signature) (Printed name and title) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 6

127 Change Order TM Document G PROJECT (Name and address): CHANGE ORDER NUMBER: 001 OWNER: DATE: ARCHITECT: TO CONTRACTOR (Name and address): ARCHITECT S PROJECT NUMBER: CONTRACT DATE: CONTRACT FOR: General Construction THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) CONTRACTOR: FIELD: OTHER: The original Contract Sum was $ 0.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 0.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 0.00 The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) ADDRESS ADDRESS ADDRESS BY (Signature) BY (Signature) BY (Signature) (Typed name) (Typed name) (Typed name) DATE DATE DATE AIA Document G Copyright 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:16:45 on 02/01/2010 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 1

128 AIA Document G702 TM 1992 Application and Certificate for Payment TO OWNER: FROM CONTRACTOR: Washington County Public Schools 82 Commonwealth Avenue Hagerstown, MD CONTRACTOR'S APPLICATION FOR PAYMENT PROJECT: APPLICATION NO: 001 Distribution to: PERIOD TO: CONTRACT FOR: General Construction OWNER: ARCHITECT: VIA CONTRACT DATE: CONTRACTOR: ARCHITECT: PROJECT NOS: / / FIELD: The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance Application is made for payment, as shown below, in connection with the Contract. with the Contract Documents, that all amounts have been paid by the Contractor for Work for Continuation Sheet, AIA Document G703, is attached. which previous Certificates for Payment were issued and payments received from the Owner, and 1. ORIGINAL CONTRACT SUM... $ 0.00 that current payment shown herein is now due. 2. Net change by Change Orders... $ 0.00 CONTRACTOR: 3. CONTRACT SUM TO DATE (Line 1 ± 2)... $ 0.00 By: Date: 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703)... $ 0.00 State of: 5. RETAINAGE: County of: a. 0 % of Completed Work Subscribed and sworn to before (Column D + E on G703) $ 0.00 me this day of b. 0 % of Stored Material (Column F on G703) $ 0.00 Notary Public: Total Retainage (Lines 5a + 5b or Total in Column I of G703)... $ 0.00 My Commission expires: 6. TOTAL EARNED LESS RETAINAGE... $ 0.00 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT... $ 0.00 (Line 6 from prior Certificate) OTHER: In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. 8. CURRENT PAYMENT DUE... $ BALANCE TO FINISH, INCLUDING RETAINAGE AMOUNT CERTIFIED... $ 0.00 (Line 3 less Line 6) $ 0.00 (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner $ 0.00 $ 0.00 By: Date: Total approved this Month $ 0.00 $ 0.00 TOTALS $ 0.00 $ 0.00 NET CHANGES by Change Order $ 0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract AIA Document G Copyright 1953, 1963, 1965, 1978 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:51:20 on 02/13/2009 under Order No _1 which expires on 4/13/2009, and is not for resale. User Notes: ( ) 1

129 Continuation Sheet AIA Document G703 TM 1992 AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO: 001 containing Contractor's signed certification is attached. In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: Use Column I on Contracts where variable retainage for line items may apply. PERIOD TO: ARCHITECT'S PROJECT NO: A B C D E F G H I WORK COMPLETED TOTAL MATERIALS FROM COMPLETED BALANCE TO RETAINAGE ITEM SCHEDULED PRESENTLY % DESCRIPTION OF WORK PREVIOUS AND STORED FINISH (IF VARIABLE NO. VALUE THIS PERIOD STORED (NOT (G C) APPLICATION TO DATE (C - G) RATE) IN D OR E) (D + E) (D+E+F) GRAND TOTAL $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ % $ 0.00 $ 0.00 AIA Document G Copyright 1963, 1965, 1966, 1967,1970, 1978, 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:53:52 on 02/13/2009 under Order No _1 which expires on 4/13/2009, and is not for resale. User Notes: ( ) 1

130 WCPS Administrative Center - Mechanical Systems Installation Proposal Request Form Date: Proposal Request #: Prime Contractor: Subcontractor: Sub-Subcontractor Change Order Scope: A. Labor, Materials & Equipment A.1 Direct Payroll- less fringes, insurances, taxes (Burden) $ - A.2 Material Cost $ - A.3 Equipment Rental $ - A.4 Direct Equipment Costs $ - Total A Labor, Material & Equipment $ - B. Overhead & Profit * Allowable O&P= Total A multiplied by O&P % listed below B.1 15% $ $1, $ - B.2 10% $ $5, $ - B.3 7% $ $10, $ - B.4 5% $10, $25, $ - B.5 over $25, negotiable not to exceed 5% 5.00% $ - Total B Overhead & Profit $ - C. Sales Tax (6% times materials only) $ - D. Labor Burden % $ - E. Sub-contractor cost E.1 Sub-contractor cost (Provide detailed breakdown) $ - E.2 Sub-contractor Overhead & Profit use B calculation $ - E.3 Sub-contractor total $ - E.4 Prime contractor mark up of sub-contractor price =5% of E3 $ - Total E Sub-contractor cost $ - F. Sub-Total (A+B+C+D+E) G. Bond (1% x F) H. Total cost F+G $ $ $ - - -

131 Washington County Public Schools Administrative Center SECTION DRAWING LIST D1 A1 A2 S1 MP1.1 MP2.1 Title sheet Roof and Penthouse Demolition Roof and Penthouse Plan Details Cooling Tower Dunnage Penthouse Plan HVAC Piping Demo Plumbing Plan Detail E1.1 Penthouse Plan Electrical Demo E1.2 Schedules DRAWING LIST

132 MECHANICAL SYSTEMS INSTALLATION DOWNSVILLE PIKE WASHINGTON COUNTY, MARYLAND SECTION SUMMARY OF WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 0 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Work Covered by the Contract Documents 2. Schedule 3. Contractor s Duties 4. Work Sequence and General Installation Provisions 5. Cleaning and Protecting 6. Use of Premises and Temporary Facilities 7. Owner's Occupancy Requirements 8. Work Restrictions 9. Specification Formats and Conventions 10. Work Scope 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: 1. Mechanical Systems Installation at Downsville Pike Location: Downsville Pike Hagerstown, Maryland Owner: Washington County Board of Education 3. Bid No B. The Project Manual dated August 26, 2013 and the Contract Drawings dated August 26, 2013 were prepared for the Project by King, Asbury & Associates at 6 N. East Street, Suite 300, Frederick, Maryland C. Project Description: 1. Removal of existing roof-mounted cooling tower and chiller equipment and associated piping, curbs, enclosures, electrical connections and any other related appurtenances not required to be maintained for the new installation, removal and replacement of the existing roof in the cooling tower well area, installation of an equipment rack for the new cooling towers, installation of new chiller units and a new make-up air unit, and installation of all associated piping, pumps, controls, power connections and associated equipment for a SUMMARY OF WORK

133 MECHANICAL SYSTEMS INSTALLATION DOWNSVILLE PIKE WASHINGTON COUNTY, MARYLAND complete and fully functioning central cooling and ventilation system. The existing boiler shall be removed and returned to the Owner. 1.4 SCHEDULE A. The Contract Award is anticipated to occur on or before September 17, 2013 and the Notice of Award letter will be issued immediately. B. The Contractor shall provide all required submittals to the Owner and Architect within ten (10) days after Contract Award. C. The Contractor shall order materials as soon as submittals are approved by the Architect so that the materials are in possession upon commencement of field work. D. The field work is to occur as soon as possible after Contract Award. E. Substantial Completion Date = November 15, F. The Contractor shall prepare and submit for the Owner s and Architect s approval a Construction Schedule for the Work within ten (10) days after Contract Award. G. Liquidated Damages: 1. Total Project: Should the Work not be performed on or before the times stated, there will be deducted from the Contract Balance the sum of one thousand dollars ($1,000.00) per consecutive calendar days, as Liquidated Damages, but not as a penalty, for each day's delay after expiration of such period, and until final completion of the Work and its acceptance by the Owner. Plus the contractor will be held responsible for additional extended general conditions, consumables, and direct labor costs to the Third Party Inspectors and the Architect for work and re-inspections required until the Contract Work is determined to be acceptable by the Owner. 2. Completion of Punchlist Items: Should the Contractor fail to correct punchlist items within the 15 day period (beginning the date of the receipt of the list) there will be deducted from the Contract Balance the sum of fifty dollars ($50.00) per item per consecutive calendar days, as Liquidated Damages, but not as a penalty, for each day's delay after expiration of such period, and until final completion of the Work and its acceptance by the Owner. 1.5 CONTRACTOR'S DUTIES includes but is not limited to the following: A. Shop Drawings, Product Data, and Samples B. Receive and unload products at site. Inspect for completeness and damage. Repair or replace items damaged after receipt. C. Handle, store, install and finish products. D. Pay legally required sales, consumer and use taxes. E. When it is necessary to modify or interrupt existing utility service, the Contractor shall notify the Owner a minimum of 72 hours prior to the planned work. Obtain the Owner s written approval. SUMMARY OF WORK

134 MECHANICAL SYSTEMS INSTALLATION DOWNSVILLE PIKE WASHINGTON COUNTY, MARYLAND F. All Labor, Materials, Equipment, and other facilities and services necessary for proper execution and completion of work. This includes but is not limited to multiple mobilizations and any escalation in material and fuel costs throughout the duration of the project. G. Perform all work to comply with the rules and the regulations of the governing bodies and state local laws. Provide all necessary permits, fees, and coordinate all inspections from applicable agencies that may be required. Provide all permits and inspection certificates to the Owner for their records. H. The Owner shall obtain and pay for the Building Permit. The Contractor shall obtain and pay for all other permits and inspections required by law for the execution of this Work. The Contractor is responsible for scheduling all inspections with the City of Hagerstown Permits and Inspections Department. I. All utility usage charges for permanent services during construction shall be by the Owner. All temporary services and usage charges required by the Contractor to perform their Work shall be arranged for and paid for by the Contractor. J. Field Engineering: 1. Contractor shall be solely responsible for properly laying out the work and for all lines and measurements for all of the work executed under the Contract Documents. 2. All dimensions and grades shown on Drawings are believed to be correct, but the Contractor shall verify them at the site and notify the Owner and Architect in writing of any discrepancies found before proceeding with the work. In the absence of such notifications, extra work caused by discrepancies shall not entitle Contractor s to additional compensation. 3. Working from lines and levels established by property survey, and as shown in relation to the work. Calculate and measure required dimensions as shown (within recognized tolerances if not otherwise indicated); do not scale drawings to determine dimensions. Contractor shall be solely responsible for the proper location and level of all the work and for the maintenance of the reference lines and bench marks. K. Work by Others: 1. The Owner will maintain the right to have additional trade contractors (at its discretion) working on site during the course of the project. 1.6 WORK SEQUENCE AND GENERAL INSTALLATION PROVISIONS A. Installer's Inspection of Conditions: Each Installer is required to inspect substrate to receive work, and conditions under which work will be performed, and to report, in writing to the Owner and the Architect, unsatisfactory conditions. B. Manufacturer's Instructions: Where installations include manufactured products, comply with manufacturer's applicable instructions and recommendations for installation when they are more explicit or more stringent than the requirements indicated in Contract Documents. C. Inspect each item of material or equipment immediately prior to installation, and reject damaged and defective items. SUMMARY OF WORK

135 MECHANICAL SYSTEMS INSTALLATION DOWNSVILLE PIKE WASHINGTON COUNTY, MARYLAND D. Provide attachment and connection devices and methods for securing work properly as it is installed; true to line and level, and within recognized industry tolerances if not otherwise indicated. Allow for expansions and movements. Provide uniform joint widths in exposed work, organized for best possible visual effect. Refer questionable visual-effect choices to the Architect for final decision. E. Recheck measurements and dimensions of the work, as an integral step of starting each installation. F. Install work during conditions of temperature, humidity, exposure, forecasted weather, and status of project completion which will ensure best possible results for each unit of work, in coordination with entire work. G. Concealed Work: Coordinate enclosure of work, with the Owner and the Architect and with required inspections and tests, so as to minimize necessity of uncovering work for that purpose. Record exact locations of utility work on Record Drawings. H. Mounting Heights: Where mounting heights are not indicated, mount individual units of work at industry-recognized standard mounting heights, or at heights specified by applicable codes, for applications indicated. Refer questionable mounting height choices to the Owner and Architect for final decision. I. Enclose and conceal from view wiring, conduit, ducts, heat piping, sprinkler piping, water piping and other utility lines in habitable rooms and spaces, unless otherwise shown or specified. J. Where not otherwise shown, match adjacent masonry, gypsum board or other finish construction to form the enclosing chase or furring. K. Locate sprinkler heads, ceiling diffusers, lighting fixtures, grilles, speakers and other similar items in ceiling lay-in panels centered in both directions or to fill a full ceiling grid module. L. Coordination: Do not fabricate or install ductwork, electric conduit, pull boxes, piping and other mechanical items above suspended ceilings until the coordination process has verified that there will be no interference and that the design requirements shown and specified for room construction, equipment, fixtures and finishes can be maintained. Prior to fabrication and installation, promptly report to the Owner and Architect apparent interference or difficulties anticipated. 1.7 CLEANING AND PROTECTION: A. During handling and installation of work at project site, clean and protect work in progress and adjoining work on a basis of perpetual maintenance. Apply suitable protective covering on newly installed work where reasonably required to ensure freedom from damage or deterioration at time of substantial completion; otherwise, clean and perform maintenance on newly installed work as frequently as necessary through remainder of construction period. B. Limiting Exposure of Work: To extent possible through reasonable control and protection methods, supervise performance of work in a manner and by means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, damaging, or otherwise deleterious exposures during construction period. Such exposures include where applicable (but not by way of limitation) static loading, dynamic loading, internal pressures, external pressures, high or low temperatures, thermal shock, high or low humidity, air contamination or pollution, water, ice, solvents, chemicals, light, radiation, puncture, abrasion, heavy traffic, soiling, bacteria, insect infestation, combustion, electrical current, high speed SUMMARY OF WORK

136 MECHANICAL SYSTEMS INSTALLATION DOWNSVILLE PIKE WASHINGTON COUNTY, MARYLAND operation, improper lubrication, unusual wear, misuse, incompatible interface, destructive testing, misalignment, excessive weathering, unprotected storage, improper shipping/handling, theft and vandalism. C. Construct work in accordance with project schedule; coordinate the schedule and operations with the Owner. There shall be no shutdown of electricity, water, or sanitary/storm sewers during the life of the project unless approved in writing by the Owner in advance. 1.8 USE OF PREMISES AND TEMPORARY FACILITIES General: During the construction period, the Contractor shall have limited use of the premises. Use of any areas other than those in which work is done is prohibited. A. Use of Site: Confine construction operations to areas within the limits indicated on the Contract Documents. Do not disturb the building and property beyond areas in which the Work is indicated. B. Owner Occupancy: Allow for Owner occupancy of facility and use by the Public during the entire construction period for the portions of the facility not being disturbed by construction. Maintain code compliant egress in Owner occupied spaces. C. Contractor has access to facility s water supply for use during construction. D. Temporary toilet facilities are not required facility restrooms will be available for contractor use. E. Contractor field office trailer(s) will not be permitted on the property for this project. F. Parking: During construction operations, contractor parking is limited to the discretion of the Owner. G. Driveways and Entrances: Keep driveways, loading areas, and entrances serving the 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 without obtaining prior written authorization from the Owner. 1. Schedule and coordinate deliveries to minimize use of driveways and entrances. 2. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. 3. Lay down and staging areas will be established jointly by the Contractor and the Owner within the Construction Limits of Disturbance. 1.9 OWNER S OCCUPANCY REQUIREMENTS A. Maintain existing entrances and exits. Provide not less than 72 hours' notice to the Owner of activities that will affect the Public and the Owner's operations. B. Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and to place and install equipment in completed areas before Substantial Completion, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and partial occupancy shall not constitute acceptance of the total Work. SUMMARY OF WORK

137 MECHANICAL SYSTEMS INSTALLATION DOWNSVILLE PIKE WASHINGTON COUNTY, MARYLAND 1. The Architect will prepare a Punch list for each specific portion or area(s) of the Work to be occupied before Owner occupancy. 2. The Contractor is to obtain approval from Authorities Having Jurisdiction before Owner occupancy of completed spaces. 3. Prior to Owner occupancy, all work shall be fully operational, and required tests and inspections shall be successfully completed. Upon final completion of the Project, the Owner and Architect will issue a Certificate of Substantial Completion indicating acceptance. 4. Upon Project Substantial Completion, Owner will assume responsibility for maintenance and custodial service for occupied portions of work WORK RESTRICTIONS A. The field work is to occur between September 17 th and November 15 th. a. It is imperative that this project be completed between September 17 th and November 15 th. The Contractor shall include the means necessary to accomplish this schedule. The Contractor may elect to work two shifts each day. The Contractor may elect to work on weekends. b. Washington County Public Schools will provide Contractors with badge access to the facility. B. The Contractor is responsible for conducting construction activities so as to minimize impact to spaces outside of the project area. C. All work to comply with the local noise restrictions and other laws governing. D. All workers on site are to wear hardhats, clean clothes (shirts & pants no shorts), protective eyeglasses and protective footwear, and clearly visible identification. E. Interruption of Existing Utilities: 1. Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: a. Notify the Owner not less than 72 hours in advance of proposed utility interruptions. b. Do not proceed with utility interruptions without receiving the Owner s written permission SPECIFICATION FORMATS AND CONVENTIONS A. Section Identification: The Specifications use Section numbers and titles to help crossreferencing in the Contract Documents. Sections in the Project Manual are in numeric sequence; however, the sequence is incomplete because all available Section numbers are not used. Consult the table of contents at the beginning of the Project Manual to determine numbers and names of Sections in the Contract Documents. SUMMARY OF WORK

138 MECHANICAL SYSTEMS INSTALLATION DOWNSVILLE PIKE WASHINGTON COUNTY, MARYLAND B. 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: C. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. a. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by each Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by each Contractor or by others when so noted. b. 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 WORK SCOPE The work of contract includes but is not limited to providing all labor, equipment, materials, and incidentals to complete all Work in accordance with the specifications, drawings and applicable codes. All Work is to be performed as shown on the Contract Drawings and Specifications in the Project Manual. In addition to the above, the scope includes but is not limited to the Division 0 Bidding Requirements and Contract Forms, and Division 1 General Requirements of the Project Manual. THE SCOPE OF WORK IS TO INCLUDE, but is not limited to, the following items: 1. Contractor shall provide all required submittals to the Architect within ten (10) days after issuance of Notice of Award / Notice to Proceed, or sooner if necessary to avoid delay of work. 2. Contractor shall be required to conduct his activities in a safe manner and shall be responsible for observing the safety regulations of MOSH, OSHA, and local life safety agencies. Contractor to provide all OSHA specified protection required, including fall protection. 3. Contractor shall maintain at all times sufficient manpower levels to meet scheduling requirements and avoid delay to completion of work. 4. Contractor shall provide as-built drawings and warranty of all work under this Contract. Provide copies of Operation and Maintenance Manuals in the format and quantity indicated in the documents. Provide instruction of Owner's personnel on maintenance of equipment and material installed by this Contract. 5. Contractor must be on site to receive and unload construction material deliveries. WCPS staff is not responsible for receiving any deliveries for this construction project. Contractor is responsible for own lifting and hoisting. 6. Contractor shall protect all existing finishes when receiving deliveries and removing trash through areas of the facility outside the limits of disturbance. Contractor shall protect all finished areas of work adjacent to area of new work as construction progresses within the project limits. SUMMARY OF WORK

139 MECHANICAL SYSTEMS INSTALLATION DOWNSVILLE PIKE WASHINGTON COUNTY, MARYLAND 7. Provide dumpsters or trucking required to clean and remove daily from site all excess material and debris connected with this work. Should the Contractor s cleanup be unsatisfactory, the Owner shall perform the work at the Contractor s expense. The Contractor shall coordinate with the Owner to identify a mutually agreeable location for dumpsters. The Contractor is responsible for preventing damage to property, such as by setting the dumpsters on plywood in paved areas, and is responsible for repairing any damage occurring as result of the dumpsters. 8. The Owner will clear furniture surfaces and remove loose furniture in the project area prior to demolition. The Contractor shall protect bulk furniture and built-ins within the project area by covering them with plastic sheets throughout demolition and construction. Once renovations are complete, the Contractor is responsible for removing the plastic sheets and thoroughly vacuuming and cleaning the entire project area. 9. Contractor shall provide final cleaning of all surfaces within the project limits. Include cleaning all glazing. Including wet mop of floor tile only. The Owner will strip and wax the VCT floors. Provide final cleaning of all light fixtures including light lenses. Prior to final cleaning, Contractor shall remove all miscellaneous labels, stickers, and shipping protection from all hardware and other finish products. Do NOT remove any fire rating labels. 10. Prior to the installation of new flooring, the Contractor is responsible for properly preparing the existing concrete floor substrate and for applying leveling and patching compounds in accordance with the Specification Sections for a smooth and level floor finish. Contractor is responsible for grinding down existing concrete as necessary for a smooth and level floor finish. 11. Contractor shall provide and maintain temporary protection of finished flooring work until final cleaning. Protection is to consist of Craft paper with taped edges. 12. Contractor shall patch and refinish existing walls that are adjacent to, and affected by, new construction as necessary for a finished product in exposed areas. Contractor shall patch existing masonry block walls and drywall partitions as necessary to maintain wall rating at the top of walls and at through-wall penetrations above the ceiling. 13. Contractor shall provide all priming, block filling, and finish painting of all drywall, CMU, door frames, and other interior surfaces as required and as indicated in the Contract Documents. Contractor is responsible for all required surface preparation prior to application of finishes, including, but not limited to scraping, sanding, puttying, etc. Provide interior caulking between surfaces of dissimilar materials such as at hollow metal frames in drywall or block walls, CMU block abutting drywall construction, interior joints of painted wood surfaces, etc. 14. Contractor shall turn over all keys, tagged and marked in an acceptable manner to the Owner. 15. Contractor is responsible for taking all precautions necessary to ensure all existing power and data lines and connections remain intact throughout construction. The Contractor is responsible for verifying that all power and data lines and connections and devices are in operating order upon completion of the project and if not, the Contractor is responsible for repair and/or replacement. END OF SCOPE END OF SECTION SUMMARY OF WORK

140 Washington County Public Schools Administrative Center SECTION SUMMARY OF MULTIPLE CONTRACTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes a summary of each contract, including responsibilities for coordination and temporary facilities and controls. B. Specific requirements for work of each contract are also indicated in individual Specification Sections and on Drawings. C. Related Section: 1. Division 1 Section "Summary" for the Work covered by the Contract Documents, restrictions on use of the project site, coordination with occupants, and work restrictions. 1.2 DEFINITIONS A. Permanent Enclosure: As determined by Architect, the condition at which roofing is insulated and weathertight; exterior walls are insulated and weathertight; and all openings are closed with permanent construction or substantial temporary closures equivalent in weather protection to permanent construction. 1.3 GENERAL REQUIREMENTS OF CONTRACTS A. Extent of Contract: Unless the Agreement contains a more specific description of the work, requirements indicated on Drawings and in Specification Sections determine which contract includes a specific element of Project. 1. Unless otherwise indicated, the work described in this Section for each contract shall be complete systems and assemblies, including products, components, accessories, and installation required by the Contract Documents. 2. Equipment pads for the work of each contract shall be the work of each contract for its own work. 3. Roof-mounted equipment curbs for the work of each contract shall be the work of each contract for its own work. 4. Cutting and Patching: Provided under each contract for its own work. 5. Through-penetration firestopping for the work of each contract shall be provided by each contract for its own work. B. Temporary Facilities and Controls: In addition to specific responsibilities for temporary facilities and controls indicated in this Section and in Division 1 Section "Temporary Facilities and Controls," each contractor is responsible for the following: SUMMARY OF MULTIPLE CONTRACTS

141 Washington County Public Schools Administrative Center 1. Installation, operation, maintenance, and removal of each temporary facility necessary for its own normal construction activity, and costs and use charges associated with each facility, except as otherwise provided for in this Section. 2. Plug-in electric power cords and extension cords, supplementary plug-in task lighting, and special lighting necessary exclusively for its own activities. 3. Temporary enclosures for its own construction activities. 4. Staging and scaffolding for its own construction activities. 5. General hoisting facilities for its own construction activities. 6. Waste disposal facilities, including collection and legal disposal of its own hazardous, dangerous, unsanitary, or other harmful waste materials. 7. Progress cleaning of work areas affected by its operations on a daily basis. 8. Secure lockup of its own tools, materials, and equipment. 9. Construction aids and miscellaneous services and facilities necessary exclusively for its own construction activities. 1.4 GENERAL CONSTRUCTION CONTRACT A. Work in the General Construction Contract includes, but is not limited to, the following: 1. Interior construction, electrical, plumbing and HVAC work, primarily in the occupied sections of the building. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION SUMMARY OF MULTIPLE CONTRACTS

142 Washington County Public Schools Administrative Center SECTION CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for handling and processing Contract modifications. 1.2 MINOR CHANGES IN THE WORK A. Architect will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time. 1.3 PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Proposal Requests issued by Architect are not instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in Proposal Request or 20 days, when not otherwise specified, after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. e. Quotation Form: Use forms acceptable to Architect. B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to Architect. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. CONTRACT MODIFICATION PROCEDURES

143 Washington County Public Schools Administrative Center 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 6. Comply with requirements in Division 1 Section "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified. 7. Proposal Request Form: Use form acceptable to Architect. 1.4 ADMINISTRATIVE CHANGE ORDERS A. Allowance Adjustment: Refer to Division 1 Section "Allowances" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect actual costs of allowances. B. Unit Price Adjustment: Refer to Division 1 Section "Unit Prices" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect measured scope of unit price work. 1.5 CHANGE ORDER PROCEDURES A. On Owner's approval of a Proposal Request, Architect will issue a Change Order for signatures of Owner and Contractor on AIA Document G CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: Architect may issue a Construction Change Directive on AIA Document G714. Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. CONTRACT MODIFICATION PROCEDURES

144 PART 2 - PRODUCTS (Not Used) Washington County Public Schools Administrative Center PART 3 - EXECUTION (Not Used) END OF SECTION CONTRACT MODIFICATION PROCEDURES

145 Washington County Public Schools Administrative Center SECTION PAYMENT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. 1.2 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's construction schedule. 1. Correlate line items in the schedule of values with other required administrative forms and schedules, including the following: a. Application for Payment forms with continuation sheets. b. Submittal schedule. c. Items required to be indicated as separate activities in Contractor's construction schedule. 2. Submit the schedule of values to Architect at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment. B. Format and Content: Use the Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one line item for each Specification Section. 1. Identification: Include the following Project identification on the schedule of values: a. Project name and location. b. Name of Architect. c. Architect's project number. d. Contractor's name and address. e. Date of submittal. 2. Arrange schedule of values consistent with format of AIA Document G Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide multiple line items for principal subcontract amounts in excess of five percent of Contract Sum. 4. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 5. Provide a separate line item in the schedule of values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. PAYMENT PROCEDURES

146 Washington County Public Schools Administrative Center 6. Provide separate line items in the schedule of values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 7. Allowances: Provide a separate line item in the schedule of values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. 8. Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at Contractor's option. 9. Schedule Updating: Update and resubmit the schedule of values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.3 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction work covered by each Application for Payment is the period indicated in the Agreement. C. Payment Application Times: Progress payments shall be submitted to Architect by the seventh of the month. The period covered by each Application for Payment is one month, ending on the last day of the month. D. Application for Payment Forms: Use AIA Document G702 and AIA Document G703 as form for Applications for Payment. E. Application for Payment Forms: Use forms provided by Owner for Applications for Payment. Sample copies are included in the Project Manual. F. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action. 1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made. 2. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. PAYMENT PROCEDURES

147 Washington County Public Schools Administrative Center G. Transmittal: Submit three signed and notarized original copies of each Application for Payment to Architect by a method ensuring receipt. One copy shall include waivers of lien and similar attachments if required. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. H. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Schedule of values. 3. Contractor's construction schedule (preliminary if not final). 4. Schedule of unit prices. 5. Submittal schedule (preliminary if not final). 6. List of Contractor's staff assignments. 7. List of Contractor's principal consultants. 8. Copies of building permits. 9. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 10. Initial progress report. 11. Report of preconstruction conference. 12. Certificates of insurance and insurance policies. I. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. J. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. AIA Document G , "Contractor's Affidavit of Payment of Debts and Claims." 5. AIA Document G706A-1994, "Contractor's Affidavit of Release of Liens." 6. AIA Document G , "Consent of Surety to Final Payment." 7. Evidence that claims have been settled. 8. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. 9. Final liquidated damages settlement statement. PAYMENT PROCEDURES

148 PART 2 - PRODUCTS (Not Used) Washington County Public Schools Administrative Center PART 3 - EXECUTION (Not Used) END OF SECTION PAYMENT PROCEDURES

149 Washington County Public Schools Administrative Center SECTION PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. Requests for Information (RFIs). 2. Project meetings. B. Related Sections: 1. Division 1 Section "Summary of Multiple Contracts" for a description of the division of work among separate contracts and responsibility for coordination activities not in this Section. 2. Division 1 Section "Execution Requirements" for procedures for coordinating general installation and field-engineering services, including establishment of benchmarks and control points. 1.2 DEFINITIONS A. RFI: Request from Owner, Architect, or Contractor seeking information from each other during construction. 1.3 COORDINATION A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. PROJECT MANAGEMENT AND COORDINATION

150 Washington County Public Schools Administrative Center C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activitiesand activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's construction schedule. 2. Preparation of the schedule of values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems. 9. Project closeout activities. 1.4 REQUESTS FOR INFORMATION (RFIs) A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. 1. Architect will return RFIs submitted to Architect by other entities controlled by Contractor with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Architect. 6. RFI number, numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate. 11. Contractor's suggested resolution. If Contractor's solution(s) impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 12. Contractor's signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. C. Architect's Action: Architect will review each RFI, determine action required, and respond. Allow seven working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: PROJECT MANAGEMENT AND COORDINATION

151 Washington County Public Schools Administrative Center a. Requests for approval of submittals. b. Requests for approval of substitutions. c. Requests for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum. e. Requests for interpretation of Architect's actions on submittals. f. Incomplete RFIs or inaccurately prepared RFIs. 2. Architect's action may include a request for additional information, in which case Architect's time for response will date from time of receipt of additional information. 3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 1 Section "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response. D. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response. E. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. 1.5 PROJECT MEETINGS A. General: Architect will schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times. B. Preconstruction Conference: Architect will schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Architect, but no later than 15 days after execution of the Agreement. 1. Attendees: Authorized representatives of Owner, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Phasing. c. Critical work sequencing and long-lead items. d. Designation of key personnel and their duties. e. Procedures for processing field decisions and Change Orders. PROJECT MANAGEMENT AND COORDINATION

152 Washington County Public Schools Administrative Center f. Procedures for RFIs. g. Procedures for testing and inspecting. h. Procedures for processing Applications for Payment. i. Distribution of the Contract Documents. j. Submittal procedures. k. Sustainable design requirements. l. Preparation of record documents. m. Use of the premises and existing building. n. Work restrictions. o. Working hours. p. Owner's occupancy requirements. q. Responsibility for temporary facilities and controls. r. Procedures for moisture and mold control. s. Procedures for disruptions and shutdowns. t. Construction waste management and recycling. u. Parking availability. v. Office, work, and storage areas. w. Equipment deliveries and priorities. x. First aid. y. Security. z. Progress cleaning. 3. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes. C. Progress Meetings: Architect will conduct progress meetings at biweekly intervals. 1. Attendees: In addition to representatives of Owner and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. PROJECT MANAGEMENT AND COORDINATION

153 Washington County Public Schools Administrative Center 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Progress cleaning. 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. 14) Status of proposal requests. 15) Pending changes. 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests. 3. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information. a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION PROJECT MANAGEMENT AND COORDINATION

154 Washington County Public Schools Administrative Center SECTION SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. Related Sections: 1. Division 1 Section "Construction Progress Documentation" for submitting schedules and reports, including Contractor's construction schedule. 2. Division 1 Section "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data. 3. Division 1 Section "Operation and Maintenance Data" for submitting operation and maintenance manuals. 4. Division 1 Section "Demonstration and Training" for submitting video recordings of demonstration of equipment and training of Owner's personnel. 1.2 DEFINITIONS A. Action Submittals: Written and graphic information and physical samples that require Architect's responsive action. B. Informational Submittals: Written and graphic information and physical samples that do not require Architect's responsive action. Submittals may be rejected for not complying with requirements. 1.3 ACTION SUBMITTALS A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or modifications to submittals noted by the Architect[ and Construction Manager] and additional time for handling and reviewing submittals required by those corrections. 1.4 SUBMITTAL ADMINISTRATIVE REQUIREMENTS A. Architect's Digital Data Files: Electronic copies of CAD Drawings of the Contract Drawings will be provided by Architect for Contractor's use in preparing submittals. 1. Architect will furnish Contractor one set of digital data drawing files of the Contract Drawings for use in preparing Shop Drawings and Project record drawings. SUBMITTAL PROCEDURES

155 Washington County Public Schools Administrative Center a. Architect makes no representations as to the accuracy or completeness of digital data drawing files as they relate to the Contract Drawings. b. Contractor shall execute a data licensing agreement in the form of an Agreement form acceptable to the Owner and Architect. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 15 days for review of each resubmittal. D. Identification and Information: Place a permanent label or title block on each paper copy submittal item for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 6 by 8 inches (150 by 200 mm) on label or beside title block to record Contractor's review and approval markings and action taken by Architect. 3. Include the following information for processing and recording action taken: a. Project name. b. Date. c. Name of Architect. d. Name of Construction Manager. e. Name of Contractor. f. Name of subcontractor. g. Name of supplier. h. Name of manufacturer. i. Submittal number or other unique identifier, including revision identifier. 1) Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.g., ). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., A). SUBMITTAL PROCEDURES

156 Washington County Public Schools Administrative Center j. Number and title of appropriate Specification Section. k. Drawing number and detail references, as appropriate. l. Location(s) where product is to be installed, as appropriate. m. Other necessary identification. E. Identification and Information: Identify and incorporate information in each electronic submittal file as follows: 1. Assemble complete submittal package into a single indexed file with links enabling navigation to each item. 2. Name file with submittal number or other unique identifier, including revision identifier. 3. Provide means for insertion to permanently record Contractor's review and approval markings and action taken by Architect. 4. Include the following information on an inserted cover sheet: a. Project name. b. Date. c. Name and address of Architect. d. Name of Construction Manager. e. Name of Contractor. f. Name of firm or entity that prepared submittal. g. Name of subcontractor. h. Name of supplier. i. Name of manufacturer. j. Number and title of appropriate Specification Section. k. Drawing number and detail references, as appropriate. l. Location(s) where product is to be installed, as appropriate. m. Related physical samples submitted directly. n. Other necessary identification. F. Options: Identify options requiring selection by the Architect. G. Deviations: Identify deviations from the Contract Documents on submittals. H. Additional Paper Copies: Unless additional copies are required for final submittal, and unless Architect observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal. 1. Submit one copy of submittal to concurrent reviewer in addition to specified number of copies to Architect. I. Transmittal: Assemble each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will discard submittals received from sources other than Contractor. 1. On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Architect on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same identification information as related submittal. SUBMITTAL PROCEDURES

157 Washington County Public Schools Administrative Center J. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked with approval notation from Architect's action stamp. K. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. L. Use for Construction: Use only final submittals that are marked with approval notation from Architect's action stamp. PART 2 - PRODUCTS 2.1 SUBMITTAL PROCEDURES A. General Submittal Procedure Requirements: 1. Submit electronic submittals via as PDF electronic files. a. Architect will return annotated file. Annotate and retain one copy of file as an electronic Project record document file. 2. Action Submittals: Submit five paper copies of each submittal, unless otherwise indicated. Architect will return three copies. 3. Informational Submittals: Submit two paper copies of each submittal, unless otherwise indicated. Architect will not return copies. 4. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Division 1 Section "Closeout Procedures." 5. Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. a. Provide a notarized statement on original paper copy certificates and certifications where indicated. 6. Test and Inspection Reports Submittals: Comply with requirements specified in Division 1 Section "Quality Requirements." B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: SUBMITTAL PROCEDURES

158 Washington County Public Schools Administrative Center a. Manufacturer's catalog cuts. b. Manufacturer's product specifications. c. Standard color charts. d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency. f. Application of testing agency labels and seals. g. Notation of coordination requirements. h. Availability and delivery time information. 4. For equipment, include the following in addition to the above, as applicable: a. Wiring diagrams showing factory-installed wiring. b. Printed performance curves. c. Operational range diagrams. d. Clearances required to other construction, if not indicated on accompanying Shop Drawings. 5. Submit Product Data before or concurrent with Samples. 6. Submit Product Data in the following format: a. Five paper copies of Product Data, unless otherwise indicated. Architect will return three copies. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data, unless submittal based upon Architect's digital data drawing files is otherwise permitted. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Identification of products. b. Schedules. c. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm) but no larger than 30 by 42 inches (750 by 1067 mm). 3. Submit Shop Drawings in the following format: a. Three opaque (bond) copies of each submittal. Architect will return one copy. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: SUBMITTAL PROCEDURES

159 Washington County Public Schools Administrative Center a. Generic description of Sample. b. Product name and name of manufacturer. c. Sample source. d. Number and title of applicable Specification Section. 3. Disposition: Maintain sets of approved Samples at Project site, available for qualitycontrol comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use. b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor. 4. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a. Number of Samples: Submit one full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Architect will return submittal with options selected. 5. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit three sets of Samples. Architect will retain two Sample sets; remainder will be returned. Mark up and retain one returned Sample set as a Project record sample. 1) If variation in color, pattern, texture, or other characteristic is inherent in material or product represented by a Sample, submit at least three sets of paired units that show approximate limits of variations. E. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form: 1. Submit product schedule in the following format: a. Five paper copies of product schedule or list, unless otherwise indicated. Architect will return three copies. F. Contractor's Construction Schedule: Comply with requirements specified in Division 1 Section "Construction Progress Documentation." SUBMITTAL PROCEDURES

160 Washington County Public Schools Administrative Center G. Application for Payment: Comply with requirements specified in Division 1 Section "Payment Procedures." H. Schedule of Values: Comply with requirements specified in Division 1 Section "Payment Procedures." I. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. 1. Submit subcontract list in the following format: a. PDF electronic file. J. Coordination Drawings: Comply with requirements specified in Division 1 Section "Project Management and Coordination." K. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of architects and owners, and other information specified. L. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on American Welding Society (AWS) forms. Include names of firms and personnel certified. M. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. N. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. O. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. P. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. Q. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. R. Product Test Reports: Submit written reports indicating current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. S. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. SUBMITTAL PROCEDURES

161 Washington County Public Schools Administrative Center T. Schedule of Tests and Inspections: Comply with requirements specified in Division 1 Section "Quality Requirements." U. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. V. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. W. Field Test Reports: Submit reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. X. Maintenance Data: Comply with requirements specified in Division 1 Section "Operation and Maintenance Data." Y. Design Data: Prepare and submit written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. 2.2 DELEGATED-DESIGN SERVICES A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. 1. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Architect. B. Delegated-Design Services Certification: In addition to Shop Drawings, Product Data, and other required submittals, submit three paper copies of certificate, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional. 1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services. SUBMITTAL PROCEDURES

162 Washington County Public Schools Administrative Center PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Project Closeout and Maintenance/Material Submittals: Refer to requirements in Division 1 Section "Closeout Procedures." C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 ARCHITECT'S ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or modifications required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action. C. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party. D. Incomplete submittals are not acceptable, will be considered nonresponsive, and will be returned without review. E. Submittals not required by the Contract Documents may not be reviewed and may be discarded. END OF SECTION SUBMITTAL PROCEDURES

163 Washington County Public Schools Administrative Center SECTION QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specified tests, inspections, and related actions do not limit Contractor's other qualityassurance and -control procedures that facilitate compliance with the Contract Document requirements. 2. Requirements for Contractor to provide quality-assurance and -control services required by Architect, Owner,[ Construction Manager,] or authorities having jurisdiction are not limited by provisions of this Section. C. Related Sections: 1. Divisions 2 through 16 Sections for specific test and inspection requirements. 1.2 DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect. C. Mockups: Full size physical assemblies that are constructed on-site. Mockups are constructed to verify selections made under sample submittals; to demonstrate aesthetic effects and, where indicated, qualities of materials and execution; to review coordination, testing, or operation; to show interface between dissimilar materials; and to demonstrate compliance with specified installation tolerances. Mockups are not Samples. Unless otherwise indicated, approved mockups establish the standard by which the Work will be judged. 1. Laboratory Mockups: Full-size, physical assemblies constructed at testing facility to verify performance characteristics. QUALITY REQUIREMENTS

164 Washington County Public Schools Administrative Center D. Preconstruction Testing: Tests and inspections performed specifically for the Project before products and materials are incorporated into the Work to verify performance or compliance with specified criteria. E. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements. F. Source Quality-Control Testing: Tests and inspections that are performed at the source, i.e., plant, mill, factory, or shop. G. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work. H. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. I. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1. Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade or trades. J. Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.3 CONFLICTING REQUIREMENTS A. Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Architect for a decision before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. 1.4 INFORMATIONAL SUBMITTALS A. Contractor's Statement of Responsibility: When required by authorities having jurisdiction, submit copy of written statement of responsibility sent to authorities having jurisdiction before starting work on the following systems. QUALITY REQUIREMENTS

165 Washington County Public Schools Administrative Center 1. Seismic-force resisting system, designated seismic system, or component listed in the designated seismic system quality assurance plan prepared by the Architect. 2. Main wind-force resisting system or a wind-resisting component listed in the wind-forceresisting system quality assurance plan prepared by the Architect. B. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. 1.5 REPORTS AND DOCUMENTS A. Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Include the following: 1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting. B. Manufacturer's Field Reports: Prepare written information documenting tests and inspections specified in other Sections. Include the following: 1. Name, address, and telephone number of representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 4. Results of operational and other tests and a statement of whether observed performance complies with requirements. 5. Other required items indicated in individual Specification Sections. C. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. QUALITY REQUIREMENTS

166 1.6 QUALITY ASSURANCE Washington County Public Schools Administrative Center A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar to those indicated for this Project in material, design, and extent. F. Specialists: Certain Specification Sections require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. 1. Requirements of authorities having jurisdiction shall supersede requirements for specialists. G. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 329; and with additional qualifications specified in individual Sections; and where required by authorities having jurisdiction, that is acceptable to authorities. 1. NRTL: A nationally recognized testing laboratory according to 29 CFR NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program. H. Manufacturer's Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. I. Preconstruction Testing: Where testing agency is indicated to perform preconstruction testing for compliance with specified requirements for performance and test methods, comply with the following: 1. Contractor responsibilities include the following: a. Provide test specimens representative of proposed products and construction. QUALITY REQUIREMENTS

167 Washington County Public Schools Administrative Center b. Submit specimens in a timely manner with sufficient time for testing and analyzing results to prevent delaying the Work. c. Build laboratory mockups at testing facility using personnel, products, and methods of construction indicated for the completed Work. d. When testing is complete, remove test specimens, assemblies, mockups; do not reuse products on Project. 2. Testing Agency Responsibilities: Submit a certified written report of each test, inspection, and similar quality-assurance service to Architect, with copy to Contractor. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the Contract Documents. J. Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work: 1. Build mockups in location and of size indicated or, if not indicated, as directed by Architect. 2. Notify Architect seven days in advance of dates and times when mockups will be constructed. 3. Demonstrate the proposed range of aesthetic effects and workmanship. 4. Obtain Architect's approval of mockups before starting work, fabrication, or construction. a. Allow seven days for initial review and each re-review of each mockup. 5. Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. 6. Demolish and remove mockups when directed, unless otherwise indicated. 1.7 QUALITY CONTROL A. Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. 1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. 2. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor. B. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not. 1. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. QUALITY REQUIREMENTS

168 Washington County Public Schools Administrative Center 2. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. 3. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. 4. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. 5. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer's Field Services: Where indicated, engage a manufacturer's representative to observe and inspect the Work. Manufacturer's representative's services include examination of substrates and conditions, verification of materials, inspection of completed portions of the Work, and submittal of written reports. D. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents. E. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Determine the location from which test samples will be taken and in which in-situ tests are conducted. 3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor. 5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. 6. Do not perform any duties of Contractor. F. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at Project site. QUALITY REQUIREMENTS

169 Washington County Public Schools Administrative Center G. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. 1.8 SPECIAL TESTS AND INSPECTIONS A. Special Tests and Inspections: Owner will engage a qualified testing agency to conduct special tests and inspections required by authorities having jurisdiction as the responsibility of Owner, and as follows: 1. Verifying that manufacturer maintains detailed fabrication and quality-control procedures and reviewing the completeness and adequacy of those procedures to perform the Work. 2. Notifying Architect and Contractor promptly of irregularities and deficiencies observed in the Work during performance of its services. 3. Submitting a certified written report of each test, inspection, and similar quality-control service to Architect with copy to Contractor and to authorities having jurisdiction. 4. Submitting a final report of special tests and inspections at Substantial Completion, which includes a list of unresolved deficiencies. 5. Interpreting tests and inspections and stating in each report whether tested and inspected work complies with or deviates from the Contract Documents. 6. Retesting and reinspecting corrected work. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Division 1 Section "Execution Requirements." B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION QUALITY REQUIREMENTS

170 Washington County Public Schools Administrative Center SECTION REFERENCES PART 1 - GENERAL 1.1 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract. C. "Directed": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed." D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. H. "Provide": Furnish and install, complete and ready for the intended use. I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.2 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. REFERENCES

171 Washington County Public Schools Administrative Center C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. 1.3 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Thomson Gale's "Encyclopedia of Associations" or in Columbia Books' "National Trade & Professional Associations of the U.S." B. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. AA AAADM AABC AAMA AASHTO AATCC ABAA ABMA ACI ACPA AEIC AF&PA AGA AGC AHA AHAM Aluminum Association, Inc. (The) American Association of Automatic Door Manufacturers Associated Air Balance Council American Architectural Manufacturers Association American Association of State Highway and Transportation Officials American Association of Textile Chemists and Colorists Air Barrier Association of America American Bearing Manufacturers Association American Concrete Institute American Concrete Pipe Association Association of Edison Illuminating Companies, Inc. (The) American Forest & Paper Association American Gas Association Associated General Contractors of America (The) American Hardboard Association (Now part of CPA) Association of Home Appliance Manufacturers REFERENCES

172 Washington County Public Schools Administrative Center AI AIA AISC AISI AITC ALCA ALSC AMCA ANSI AOSA APA APA APA EWS API ARI ARMA ASCE ASCE/SEI ASHRAE ASME ASSE ASTM AWCI Asphalt Institute American Institute of Architects (The) American Institute of Steel Construction American Iron and Steel Institute American Institute of Timber Construction Associated Landscape Contractors of America (Now PLANET - Professional Landcare Network) American Lumber Standard Committee, Incorporated Air Movement and Control Association International, Inc. American National Standards Institute Association of Official Seed Analysts, Inc. Architectural Precast Association APA - The Engineered Wood Association APA - The Engineered Wood Association; Engineered Wood Systems (See APA - The Engineered Wood Association) American Petroleum Institute Air-Conditioning & Refrigeration Institute Asphalt Roofing Manufacturers Association American Society of Civil Engineers American Society of Civil Engineers/Structural Engineering Institute (See ASCE) American Society of Heating, Refrigerating and Air-Conditioning Engineers ASME International (American Society of Mechanical Engineers International) American Society of Sanitary Engineering ASTM International (American Society for Testing and Materials International) Association of the Wall and Ceiling Industry REFERENCES

173 Washington County Public Schools Administrative Center AWCMA AWI AWPA AWS AWWA BHMA BIA BICSI BIFMA BISSC BWF CCC CDA CEA CEA CFFA CGA CIMA CISCA CISPI CLFMI CRRC CPA CPPA American Window Covering Manufacturers Association (Now WCMA) Architectural Woodwork Institute American Wood Protection Association (Formerly: American Wood Preservers' Association) American Welding Society American Water Works Association Builders Hardware Manufacturers Association Brick Industry Association (The) BICSI, Inc. BIFMA International (Business and Institutional Furniture Manufacturer's Association International) Baking Industry Sanitation Standards Committee Badminton World Federation (Formerly: IBF - International Badminton Federation) Carpet Cushion Council Copper Development Association Canadian Electricity Association Consumer Electronics Association Chemical Fabrics & Film Association, Inc. Compressed Gas Association Cellulose Insulation Manufacturers Association Ceilings & Interior Systems Construction Association Cast Iron Soil Pipe Institute Chain Link Fence Manufacturers Institute Cool Roof Rating Council Composite Panel Association Corrugated Polyethylene Pipe Association REFERENCES

174 Washington County Public Schools Administrative Center CRI CRSI CSA CSA CSI CSI CSSB CTI DHI EIA EIMA EJCDC EJMA ESD ETL SEMCO FIBA FIVB FM Approvals FM Global FMRC FRSA Carpet and Rug Institute (The) Concrete Reinforcing Steel Institute Canadian Standards Association CSA International (Formerly: IAS - International Approval Services) Cast Stone Institute Construction Specifications Institute (The) Cedar Shake & Shingle Bureau Cooling Technology Institute (Formerly: Cooling Tower Institute) Door and Hardware Institute Electronic Industries Alliance EIFS Industry Members Association Engineers Joint Contract Documents Committee Expansion Joint Manufacturers Association, Inc. ESD Association (Electrostatic Discharge Association) Intertek ETL SEMCO (Formerly: ITS - Intertek Testing Service NA) Federation Internationale de Basketball (The International Basketball Federation) Federation Internationale de Volleyball (The International Volleyball Federation) FM Approvals LLC FM Global (Formerly: FMG - FM Global) Factory Mutual Research (Now FM Global) Florida Roofing, Sheet Metal & Air Conditioning Contractors Association, Inc. REFERENCES

175 Washington County Public Schools Administrative Center FSA FSC GA GANA GRI GS GSI HI HI HMMA HPVA HPW IAS IBF ICEA ICRI IEC IEEE IESNA IEST IGCC IGMA ILI ISO Fluid Sealing Association Forest Stewardship Council Gypsum Association Glass Association of North America (Part of GSI) Green Seal Geosynthetic Institute Hydraulic Institute Hydronics Institute Hollow Metal Manufacturers Association (Part of NAAMM) Hardwood Plywood & Veneer Association H. P. White Laboratory, Inc. International Approval Services (Now CSA International) International Badminton Federation (Now BWF) Insulated Cable Engineers Association, Inc. International Concrete Repair Institute, Inc. International Electrotechnical Commission Institute of Electrical and Electronics Engineers, Inc. (The) Illuminating Engineering Society of North America Institute of Environmental Sciences and Technology Insulating Glass Certification Council Insulating Glass Manufacturers Alliance Indiana Limestone Institute of America, Inc. International Organization for Standardization Available from ANSI REFERENCES

176 Washington County Public Schools Administrative Center ISSFA ITS ITU KCMA LMA LPI MBMA MFMA MFMA MH MHIA MIA MPI MSS NAAMM NACE NADCA NAGWS NAIMA NBGQA NCAA NCMA NCPI International Solid Surface Fabricators Association Intertek Testing Service NA (Now ETL SEMCO) International Telecommunication Union Kitchen Cabinet Manufacturers Association Laminating Materials Association (Now part of CPA) Lightning Protection Institute Metal Building Manufacturers Association Maple Flooring Manufacturers Association, Inc. Metal Framing Manufacturers Association, Inc. Material Handling (Now MHIA) Material Handling Industry of America Marble Institute of America Master Painters Institute Manufacturers Standardization Society of The Valve and Fittings Industry Inc. National Association of Architectural Metal Manufacturers NACE International (National Association of Corrosion Engineers International) National Air Duct Cleaners Association National Association for Girls and Women in Sport North American Insulation Manufacturers Association National Building Granite Quarries Association, Inc. National Collegiate Athletic Association (The) National Concrete Masonry Association National Clay Pipe Institute REFERENCES

177 Washington County Public Schools Administrative Center NCTA NEBB NECA NeLMA NEMA NETA NFHS NFPA NFRC NGA NHLA NLGA NOFMA NOMMA NRCA NRMCA NSF NSSGA NTMA NTRMA NWWDA OPL PCI National Cable & Telecommunications Association National Environmental Balancing Bureau National Electrical Contractors Association Northeastern Lumber Manufacturers' Association National Electrical Manufacturers Association InterNational Electrical Testing Association National Federation of State High School Associations NFPA (National Fire Protection Association) National Fenestration Rating Council National Glass Association National Hardwood Lumber Association National Lumber Grades Authority NOFMA: The Wood Flooring Manufacturers Association (Formerly: National Oak Flooring Manufacturers Association) National Ornamental & Miscellaneous Metals Association National Roofing Contractors Association National Ready Mixed Concrete Association NSF International (National Sanitation Foundation International) National Stone, Sand & Gravel Association National Terrazzo & Mosaic Association, Inc. (The) National Tile Roofing Manufacturers Association (Now TRI) National Wood Window and Door Association (Now WDMA) Omega Point Laboratories, Inc. (Now ITS) Precast/Prestressed Concrete Institute REFERENCES

178 Washington County Public Schools Administrative Center PDCA PDI PGI PLANET PTI RCSC RFCI RIS SAE SDI SDI SEFA SEI/ASCE SGCC SIA SIGMA SJI SMA SMACNA SMPTE SPFA SPIB Painting & Decorating Contractors of America Plumbing & Drainage Institute PVC Geomembrane Institute Professional Landcare Network (Formerly: ACLA - Associated Landscape Contractors of America) Post-Tensioning Institute Research Council on Structural Connections Resilient Floor Covering Institute Redwood Inspection Service SAE International Steel Deck Institute Steel Door Institute Scientific Equipment and Furniture Association Structural Engineering Institute/American Society of Civil Engineers (See ASCE) Safety Glazing Certification Council Security Industry Association Sealed Insulating Glass Manufacturers Association (Now IGMA) Steel Joist Institute Screen Manufacturers Association Sheet Metal and Air Conditioning Contractors' National Association Society of Motion Picture and Television Engineers Spray Polyurethane Foam Alliance (Formerly: SPI/SPFD - The Society of the Plastics Industry, Inc.; Spray Polyurethane Foam Division) Southern Pine Inspection Bureau (The) REFERENCES

179 Washington County Public Schools Administrative Center SPRI SSINA SSPC STI SWI SWRI TCA TCNA TIA/EIA TMS TPI TPI TRI UL UNI USAV USGBC USITT WASTEC WCLIB WCMA WCSC WDMA WI Single Ply Roofing Industry Specialty Steel Industry of North America SSPC: The Society for Protective Coatings Steel Tank Institute Steel Window Institute Sealant, Waterproofing, & Restoration Institute Tile Council of America, Inc. (Now TCNA) Tile Council of North America, Inc. Telecommunications Industry Association/Electronic Industries Alliance The Masonry Society Truss Plate Institute, Inc. Turfgrass Producers International Tile Roofing Institute Underwriters Laboratories Inc. Uni-Bell PVC Pipe Association USA Volleyball U.S. Green Building Council United States Institute for Theatre Technology, Inc. Waste Equipment Technology Association West Coast Lumber Inspection Bureau Window Covering Manufacturers Association Window Covering Safety Council (Formerly: WCMA - Window Covering Manufacturers Association) Window & Door Manufacturers Association (Formerly: NWWDA - National Wood Window and Door Association) Woodwork Institute (Formerly: WIC - Woodwork Institute of California) REFERENCES

180 Washington County Public Schools Administrative Center WIC WMMPA WSRCA WWPA Woodwork Institute of California (Now WI) Wood Moulding & Millwork Producers Association Western States Roofing Contractors Association Western Wood Products Association C. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. IAPMO ICC ICC-ES UBC International Association of Plumbing and Mechanical Officials International Code Council ICC Evaluation Service, Inc. Uniform Building Code (See ICC) D. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. CE CPSC DOC DOD DOE EPA FAA FCC FDA GSA HUD LBL NCHRP Army Corps of Engineers Consumer Product Safety Commission Department of Commerce Department of Defense Department of Energy Environmental Protection Agency Federal Aviation Administration Federal Communications Commission Food and Drug Administration General Services Administration Department of Housing and Urban Development Lawrence Berkeley National Laboratory National Cooperative Highway Research Program REFERENCES

181 Washington County Public Schools Administrative Center (See TRB) NIST OSHA PBS PHS RUS SD TRB USDA USPS National Institute of Standards and Technology Occupational Safety & Health Administration Public Buildings Service (See GSA) Office of Public Health and Science Rural Utilities Service (See USDA) State Department Transportation Research Board Department of Agriculture Postal Service E. Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. ADAAG CFR DOD DSCC FED-STD FS Americans with Disabilities Act (ADA) Architectural Barriers Act (ABA) Accessibility Guidelines for Buildings and Facilities Available from U.S. Access Board Code of Federal Regulations Available from Government Printing Office Department of Defense Military Specifications and Standards Available from Department of Defense Single Stock Point Defense Supply Center Columbus (See FS) Federal Standard (See FS) Federal Specification Available from Department of Defense Single Stock Point Available from Defense Standardization Program Available from General Services Administration REFERENCES

182 Washington County Public Schools Administrative Center Available from National Institute of Building Sciences FTMS MIL MIL-STD MILSPEC UFAS Federal Test Method Standard (See FS) (See MILSPEC) (See MILSPEC) Military Specification and Standards Available from Department of Defense Single Stock Point Uniform Federal Accessibility Standards Available from Access Board PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION REFERENCES

183 Washington County Public Schools Administrative Center SECTION TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. Related Section: 1. Division 1 Section "Summary" for limitations on work restrictions and utility interruptions. 1.2 USE CHARGES A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Owner's construction forces, Architect, testing agencies, and authorities having jurisdiction. B. Water and Sewer Service from Existing System: Water from Owner's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. C. Electric Power Service from Existing System: Electric power from Owner's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. 1.3 QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. 1.4 PROJECT CONDITIONS A. Temporary Use of Permanent Facilities: Engage installer of each permanent service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities. TEMPORARY FACILITIES AND CONTROLS

184 Washington County Public Schools Administrative Center PART 2 - PRODUCTS 2.1 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. 1. Permanent HVAC System: If Owner authorizes use of permanent HVAC system for temporary use during construction, provide filter with MERV of 8 at each return air grille in system and remove at end of construction and clean HVAC system as required in Division 1 Section "Closeout Procedures." PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. 1. Locate facilities to limit site disturbance as specified in Division 1 Section "Summary." B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. Water Service: Connect to Owner's existing water service facilities. Clean and maintain water service facilities in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. B. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. C. Electric Power Service: Connect to Owner's existing electric power service. Maintain equipment in a condition acceptable to Owner. D. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions. 1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: TEMPORARY FACILITIES AND CONTROLS

185 Washington County Public Schools Administrative Center 1. Maintain support facilities until Architect schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. B. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with Division 1 Section "Execution Requirements" for progress cleaning requirements. C. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel. 1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities. D. Existing Elevator Use: Use of Owner's existing elevators will be permitted, provided elevators are cleaned and maintained in a condition acceptable to Owner. 1. Do not load elevators beyond their rated weight capacity. 2. Provide protective coverings, barriers, devices, signs, or other procedures to protect elevator car and entrance doors and frame. If, despite such protection, elevators become damaged, engage elevator Installer to restore damaged work so no evidence remains of correction work. Return items that cannot be refinished in field to the shop, make required repairs and refinish entire unit, or provide new units as required. E. Existing Stair Usage: Use of Owner's existing stairs will be permitted, provided stairs are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore stairs to condition existing before initial use. 1. Provide protective coverings, barriers, devices, signs, or other procedures to protect stairs and to maintain means of egress. If stairs become damaged, restore damaged areas so no evidence remains of correction work. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. 3.5 MOISTURE AND MOLD CONTROL A. Contractor's Moisture Protection Plan: Avoid trapping water in finished work. Document visible signs of mold that may appear during construction. B. Controlled Construction Phase of Construction: After completing and sealing of the building enclosure but prior to the full operation of permanent HVAC systems, maintain as follows: 1. Control moisture and humidity inside building by maintaining effective dry-in conditions. 2. Remove materials that can not be completely restored to their manufactured moisture level within 48 hours. TEMPORARY FACILITIES AND CONTROLS

186 Washington County Public Schools Administrative Center 3.6 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. 2. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Division 1 Section "Closeout Procedures." END OF SECTION TEMPORARY FACILITIES AND CONTROLS

187 Washington County Public Schools Administrative Center SECTION PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products. B. Related Section: 1. Division 1 Section "Substitution Procedures" for requests for substitutions. 1.2 DEFINITIONS A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products. 3. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. B. Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis-of-design product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification. 1.3 ACTION SUBMITTALS A. Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within one week of receipt of a comparable product PRODUCT REQUIREMENTS

188 Washington County Public Schools Administrative Center request. Architect will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. Form of Approval: As specified in Division 1 Section "Submittal Procedures." b. Use product specified if Architect does not issue a decision on use of a comparable product request within time allocated. B. Basis-of-Design Product Specification Submittal: Comply with requirements in Division 1 Section "Submittal Procedures." Show compliance with requirements. 1.4 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options. 1.5 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions. B. Delivery and Handling: 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected. C. Storage: 1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. 4. Store foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. 5. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. 6. Protect stored products from damage and liquids from freezing. PRODUCT REQUIREMENTS

189 1.6 PRODUCT WARRANTIES Washington County Public Schools Administrative Center A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. 1. Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. 2. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner. B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. 1. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed. 2. Specified Form: When specified forms are included with the Specifications, prepare a written document using indicated form properly executed. 3. Refer to Divisions 2 through 16. Sections for specific content requirements and particular requirements for submitting special warranties. C. Submittal Time: Comply with requirements in Division 1 Section "Closeout Procedures." PART 2 - PRODUCTS 2.1 PRODUCT SELECTION PROCEDURES A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation. 1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. 2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents. 4. Where products are accompanied by the term "as selected," Architect will make selection. 5. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products. B. Product Selection Procedures: 1. Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. PRODUCT REQUIREMENTS

190 Washington County Public Schools Administrative Center 2. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. 3. Products: a. Restricted List: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered, unless otherwise indicated. b. Nonrestricted List: Where Specifications include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed product, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product. 4. Manufacturers: a. Restricted List: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered, unless otherwise indicated. b. Nonrestricted List: Where Specifications include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product. 5. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers. C. Visual Matching Specification: Where Specifications require "match Architect's sample", provide a product that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches. 1. If no product available within specified category matches and complies with other specified requirements, comply with requirements in Division 1 Section "Substitution Procedures" for proposal of product. D. Visual Selection Specification: Where Specifications include the phrase "as selected by Architect from manufacturer's full range" or similar phrase, select a product that complies with requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items. PRODUCT REQUIREMENTS

191 2.2 COMPARABLE PRODUCTS Washington County Public Schools Administrative Center A. Conditions for Consideration: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect may return requests without action, except to record noncompliance with these requirements: 1. Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 3. Evidence that proposed product provides specified warranty. 4. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners, if requested. 5. Samples, if requested. PART 3 - EXECUTION (Not Used) END OF SECTION PRODUCT REQUIREMENTS

192 Washington County Public Schools Administrative Center SECTION SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for substitutions. B. Related Section: 1. Division 01 Section "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers. 1.2 DEFINITIONS A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1.3 SUBMITTALS A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable. b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. c. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. Certificates and qualification data, where applicable or requested. g. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. h. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. SUBSTITUTION PROCEDURES

193 Washington County Public Schools Administrative Center i. Research reports evidencing compliance with building code in effect for Project, from ICC-ES. j. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. k. Cost information, including a proposal of change, if any, in the Contract Sum. l. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated. m. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 2. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. Forms of Acceptance: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work. b. Use product specified if Architect does not issue a decision on use of a proposed substitution within time allocated. 1.4 QUALITY ASSURANCE A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage qualified testing agency to perform compatibility tests recommended by manufacturers. PART 2 - PRODUCTS 2.1 SUBSTITUTIONS A. Substitutions for Cause: Submit requests for substitution immediately upon discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied: a. Requested substitution is consistent with the Contract Documents and will produce indicated results. b. Requested substitution will not adversely affect Contractor's construction schedule. SUBSTITUTION PROCEDURES

194 Washington County Public Schools Administrative Center c. Requested substitution has received necessary approvals of authorities having jurisdiction. d. Requested substitution is compatible with other portions of the Work. e. Requested substitution has been coordinated with other portions of the Work. f. Requested substitution provides specified warranty. g. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. B. Substitutions for Convenience: Not allowed. C. Substitutions for Convenience: Architect will consider requests for substitution if received within 60 days after the Notice of Award. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied: a. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. b. Requested substitution does not require extensive revisions to the Contract Documents. c. Requested substitution is consistent with the Contract Documents and will produce indicated results. d. Requested substitution will not adversely affect Contractor's construction schedule. e. Requested substitution has received necessary approvals of authorities having jurisdiction. f. Requested substitution is compatible with other portions of the Work. g. Requested substitution has been coordinated with other portions of the Work. h. Requested substitution provides specified warranty. i. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. PART 3 - EXECUTION (Not Used) END OF SECTION SUBSTITUTION PROCEDURES

195 Washington County Public Schools Administrative Center SECTION EXECUTION REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. Installation of the Work. 3. Cutting and patching. 4. Coordination of Owner-installed products. 5. Progress cleaning. 6. Starting and adjusting. 7. Protection of installed construction. 8. Correction of the Work. B. Related Sections: 1. Division 1 Section "Closeout Procedures" for submitting final property survey with Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final cleaning. 2. Division 7 Section "Through-Penetration Firestop Systems" for patching penetrations in fire-rated construction. 1.2 QUALITY ASSURANCE A. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements. 1. Structural Elements: When cutting and patching structural elements, notify Architect of locations and details of cutting and await directions from the Architect before proceeding. Shore, brace, and support structural element during cutting and patching. Do not cut and patch structural elements in a manner that could change their load-carrying capacity or increase deflection 2. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. 3. Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. EXECUTION REQUIREMENTS

196 Washington County Public Schools Administrative Center 4. Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. 1.3 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties. PART 2 - PRODUCTS 2.1 MATERIALS A. General: Comply with requirements specified in other Sections. B. In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. 1. If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to the Architect for the visual and functional performance of in-place materials. PART 3 - EXECUTION 3.1 EXAMINATION A. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. 2. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 3. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed. 4. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. EXECUTION REQUIREMENTS

197 Washington County Public Schools Administrative Center 3.2 PREPARATION A. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. B. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. C. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of the Contractor, submit a request for information to Architect according to requirements in Division 1 Section "Project Management and Coordination." 3.3 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. 3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. F. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. G. Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions. 1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect. 2. Allow for building movement, including thermal expansion and contraction. EXECUTION REQUIREMENTS

198 Washington County Public Schools Administrative Center 3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. H. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. I. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. 3.4 CUTTING AND PATCHING A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. B. Temporary Support: Provide temporary support of work to be cut. C. Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. D. Adjacent Occupied Areas: Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. E. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to minimize interruption to occupied areas. F. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill. 4. Excavating and Backfilling: Comply with requirements in applicable Division 2 Sections where required by cutting and patching operations. 5. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting. 6. Proceed with patching after construction operations requiring cutting are complete. EXECUTION REQUIREMENTS

199 Washington County Public Schools Administrative Center G. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable. 1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation. 2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will minimize evidence of patching and refinishing. 3. Floors and Walls: Where walls or partitions that are removed extend one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove in-place floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. 4. Ceilings: Patch, repair, or rehang in-place ceilings as necessary to provide an even-plane surface of uniform appearance. 5. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition. H. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces. 3.5 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F (27 deg C). 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. EXECUTION REQUIREMENTS

200 Washington County Public Schools Administrative Center F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. J. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.6 STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. B. Adjust equipment for proper operation. Adjust operating components for proper operation without binding. C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. D. Manufacturer's Field Service: Comply with qualification requirements in Division 1 Section "Quality Requirements." 3.7 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instructions for temperature and relative humidity. 3.8 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes. 1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. EXECUTION REQUIREMENTS

201 Washington County Public Schools Administrative Center C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. E. Remove and replace chipped, scratched, and broken glass or reflective surfaces. END OF SECTION EXECUTION REQUIREMENTS

202 Washington County Public Schools Administrative Center SECTION SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Demolition and removal of selected portions of building or structure. 1.2 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off-site, unless indicated to be removed and salvaged or removed and reinstalled. B. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. 1.3 SUBMITTALS A. Schedule of Selective Demolition Activities: Indicate detailed sequence of selective demolition and removal work, with starting and ending dates for each activity, interruption of utility services, use of elevator and stairs, and locations of temporary partitions and means of egress. 1.4 QUALITY ASSURANCE A. Refrigerant Recovery Technician Qualifications: Certified by an EPA-approved certification program. B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI A10.6 and NFPA PROJECT CONDITIONS A. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. B. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. C. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work. SELECTIVE DEMOLITION

203 Washington County Public Schools Administrative Center 1. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Owner will remove hazardous materials under a separate contract. D. Storage or sale of removed items or materials on-site is not permitted. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that utilities have been disconnected and capped. B. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. C. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Architect. 3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS A. Existing Services/Systems: Maintain services/systems indicated to remain and protect them against damage during selective demolition operations. B. Service/System Requirements: Locate, identify, disconnect, and seal or cap off indicated utility services and mechanical/electrical systems serving areas to be selectively demolished. 1. Arrange to shut off indicated utilities with utility companies. 2. If services/systems are required to be removed, relocated, or abandoned, before proceeding with selective demolition provide temporary services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of building. 3. Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit after bypassing. 3.3 PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1. Comply with requirements for access and protection specified in Division 1 Section "Temporary Facilities and Controls." SELECTIVE DEMOLITION

204 Washington County Public Schools Administrative Center B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. C. Temporary Shoring: Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished. 3.4 SELECTIVE DEMOLITION A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain. 2. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 3. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain portable fire-suppression devices during flame-cutting operations. 4. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. 5. Dispose of demolished items and materials promptly. B. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and reinstalled in their original locations after selective demolition operations are complete. 3.5 DISPOSAL OF DEMOLISHED MATERIALS A. General: Except for items or materials indicated to be recycled, reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, remove demolished materials from Project site and legally dispose of them in an EPA-approved landfill. 1. Comply with requirements specified in Division 1 Section "Construction Waste Management." B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. SELECTIVE DEMOLITION

205 Washington County Public Schools Administrative Center 3.6 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION SELECTIVE DEMOLITION

206 Washington County Public Schools Administrative Center SECTION CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Substantial Completion procedures. 2. Final completion procedures. 3. Warranties. 4. Final cleaning. B. Related Sections: 1. Division 1 Section "Photographic Documentation" for submitting final completion construction photographic documentation. 2. Division 1 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 3. Division 1 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 4. Division 1 Section "Demonstration and Training" for requirements for instructing Owner's personnel. 5. Divisions 2 through 16 Sections for specific closeout and special cleaning requirements for the Work in those Sections. 1.2 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete with request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Prepare and submit Project Record Documents, operation and maintenance manuals, final completion construction photographic documentation, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. CLOSEOUT PROCEDURES

207 Washington County Public Schools Administrative Center 8. Complete startup testing of systems. 9. Submit test/adjust/balance records. 10. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 11. Advise Owner of changeover in heat and other utilities. 12. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. 13. Complete final cleaning requirements, including touchup painting. 14. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Architect[ and Construction Manager] will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Architect, that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for final completion. 1.3 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining final completion, complete the following: 1. Submit a final Application for Payment according to Division 1 Section "Payment Procedures." 2. Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Submit pest-control final inspection report and warranty. 5. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. Submit demonstration and training video recordings. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. CLOSEOUT PROCEDURES

208 Washington County Public Schools Administrative Center 1.4 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Organize list of spaces in sequential order, proceeding from lowest floor to highest floor. 2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems. 3. Submit list of incomplete items in the following format: a. PDF electronic file. 1.5 WARRANTIES A. Submittal Time: Submit written warranties on request of Architect for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1. Bind warranties and bonds in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch (215-by-280-mm) paper. 2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. 4. Scan warranties and bonds and assemble complete warranty and bond submittal package into a single indexed electronic PDF file with links enabling navigation to each item. Provide table of contents at beginning of document. C. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2 - PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. 1. Use cleaning products that meet Green Seal GS-37, or if GS-37 is not applicable, use products that comply with the California Code of Regulations maximum allowable VOC levels. CLOSEOUT PROCEDURES

209 Washington County Public Schools Administrative Center PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. c. Rake grounds that are neither planted nor paved to a smooth, even-textured surface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Remove snow and ice to provide safe access to building. f. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. g. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces. h. Sweep concrete floors broom clean in unoccupied spaces. i. Vacuum carpet and similar soft surfaces, removing debris and excess nap; shampoo if visible soil or stains remain. j. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compounds and other noticeable, vision-obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Polish mirrors and glass, taking care not to scratch surfaces. k. Remove labels that are not permanent. l. Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. 1) Do not paint over "UL" and other required labels and identification, including mechanical and electrical nameplates. m. Wipe surfaces of mechanical and electrical equipment[, elevator equipment,] and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances. CLOSEOUT PROCEDURES

210 Washington County Public Schools Administrative Center n. Replace parts subject to operating conditions during construction that may impede operation or reduce longevity. o. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting from water exposure. p. Replace disposable air filters and clean permanent air filters. Clean exposed surfaces of diffusers, registers, and grills. q. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. Replace burned-out bulbs, and those noticeably dimmed by hours of use, and defective and noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures. r. Leave Project clean and ready for occupancy. C. Pest Control: Engage an experienced, licensed exterminator to make a final inspection and rid Project of rodents, insects, and other pests. Prepare a report. END OF SECTION CLOSEOUT PROCEDURES

211 Washington County Public Schools Administrative Center SECTION PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for project record documents, including the following: 1. Record Drawings. 2. Record Specifications. 3. Record Product Data. B. Related Sections: 1. Division 1 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 2. Divisions 2 through 16 Sections for specific requirements for project record documents of the Work in those Sections. 1.2 CLOSEOUT SUBMITTALS A. Record Drawings: Comply with the following: 1. Number of Copies: Submit one set(s) of marked-up record prints. 2. Number of Copies: Submit copies of record Drawings as follows: a. Initial Submittal: Submit PDF electronic files of marked-up record prints. Architect will indicate whether general scope of changes, additional information recorded, and quality of drafting are acceptable. b. Final Submittal: Submit one paper copy set of marked-up record printsa PDF file of the same data. Plot each drawing file, whether or not changes and additional information were recorded. B. Record Product Data: Submit one paper copy and annotated PDF electronic files and directories of each submittal. PART 2 - PRODUCTS 2.1 RECORD DRAWINGS A. Record Prints: Maintain one set of marked-up paper copies of the Contract Drawings and Shop Drawings. 1. Preparation: Mark record prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, PROJECT RECORD DOCUMENTS

212 Washington County Public Schools Administrative Center whether individual or entity is Installer, subcontractor, or similar entity, to provide information for preparation of corresponding marked-up record prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Record data as soon as possible after obtaining it. c. Record and check the markup before enclosing concealed installations. 2. Mark the Contract Drawings and Shop Drawings completely and accurately. Utilize personnel proficient at recording graphic information in production of marked-up record prints. 3. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. 4. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. B. Format: Identify and date each record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1. Record Prints: Organize record prints and newly prepared record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. 2. Format: Annotated PDF electronic file. 3. Record Digital Data Files: Organize digital data information into separate electronic files that correspond to each sheet of the Contract Drawings. Name each file with the sheet identification. Include identification in each digital data file. 4. Identification: As follows: a. Project name. b. Date. c. Designation "PROJECT RECORD DRAWINGS." d. Name of Architect. e. Name of Contractor. 2.2 RECORD PRODUCT DATA A. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. 3. Note related Change Orders and record Drawings where applicable. B. Format: Submit record Product Data as scanned PDF electronic file(s) of marked up paper copy of Product Data, along with the marked-up copy. PROJECT RECORD DOCUMENTS

213 Washington County Public Schools Administrative Center 2.3 MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. B. Format: Submit miscellaneous record submittals as scanned PDF electronic file(s) of marked up miscellaneous record submittals along with the marked up copy. PART 3 - EXECUTION 3.1 RECORDING AND MAINTENANCE A. Recording: Maintain one copy of each submittal during the construction period for project record document purposes. Post changes and modifications to project record documents as they occur; do not wait until the end of Project. B. Maintenance of Record Documents and Samples: Store record documents and Samples in the field office apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to project record documents for Architect's reference during normal working hours. END OF SECTION PROJECT RECORD DOCUMENTS

214 Washington County Public Schools Administrative Center SECTION OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. Operation and maintenance documentation directory. 2. Emergency manuals. 3. Operation manuals for systems, subsystems, and equipment. 4. Product maintenance manuals. 5. Systems and equipment maintenance manuals. B. Related Sections: 1. Divisions 2 through 16 Sections for specific operation and maintenance manual requirements for the Work in those Sections. 1.2 CLOSEOUT SUBMITTALS A. Format: Submit operations and maintenance manuals in the following format: 1. PDF electronic file. Assemble each manual into a composite electronically-indexed file. Submit on digital media acceptable to Architect. a. Name each indexed document file in composite electronic index with applicable item name. Include a complete electronically-linked operation and maintenance directory. b. Enable inserted reviewer comments on draft submittals. 2. Three paper copies. Include a complete operation and maintenance directory. Enclose title pages and directories in clear plastic sleeves. Architect will return three copies. B. Manual Submittal: Submit each manual in final form prior to requesting inspection for Substantial Completion and at least 15 days before commencing demonstration and training. Architect will return copy with comments. 1. Correct or modify each manual to comply with Architect's comments. Submit copies of each corrected manual within 15 days of receipt of Architect's comments and prior to commencing demonstration and training. OPERATION AND MAINTENANCE DATA

215 Washington County Public Schools Administrative Center PART 2 - PRODUCTS 2.1 REQUIREMENTS FOR EMERGENCY, OPERATION, AND MAINTENANCE MANUALS A. Organization: Unless otherwise indicated, organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each manual shall contain the following materials, in the order listed: 1. Title page. 2. Table of contents. 3. Manual contents. B. Title Page: Include the following information: 1. Subject matter included in manual. 2. Name and address of Project. 3. Name and address of Owner. 4. Date of submittal. 5. Name and contact information for Contractor. 6. Name and contact information for Construction Manager. 7. Name and contact information for Architect. 8. Name and contact information for Commissioning Agent. 9. Names and contact information for major consultants to the Architect that designed the systems contained in the manuals. 10. Cross-reference to related systems in other operation and maintenance manuals. C. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual. D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single binder. E. Manuals, Electronic Files: Submit manuals in the form of a multiple file composite electronic PDF file for each manual type required. 1. Electronic Files: Use electronic files prepared by manufacturer where available. Where scanning of paper documents is required, configure scanned file for minimum readable file size. 2. File Names and Bookmarks: Enable bookmarking of individual documents based upon file names. Name document files to correspond to system, subsystem, and equipment names used in manual directory and table of contents. Group documents for each system and subsystem into individual composite bookmarked files, then create composite manual, so that resulting bookmarks reflect the system, subsystem, and equipment names in a readily navigated file tree. Configure electronic manual to display bookmark panel upon opening file. F. Manuals, Paper Copy: Submit manuals in the form of hard copy, bound and labeled volumes. OPERATION AND MAINTENANCE DATA

216 Washington County Public Schools Administrative Center 1. Binders: Heavy-duty, three-ring, vinyl-covered binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by-11-inch (215-by-280-mm) paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name,and subject matter of contents, and indicate Specification Section number on bottom of spine. Indicate volume number for multiple-volume sets. 2. Dividers: Heavy-paper dividers with plastic-covered tabs for each section of the manual. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, cross-referenced to Specification Section number and title of Project Manual. 3. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software storage media for computerized electronic equipment. 4. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a. If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. b. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations. 2.2 EMERGENCY MANUALS A. Content: Organize manual into a separate section for each of the following: 1. Type of emergency. 2. Emergency instructions. 3. Emergency procedures. B. Type of Emergency: Where applicable for each type of emergency indicated below, include instructions and procedures for each system, subsystem, piece of equipment, and component: 1. Fire. 2. Flood. 3. Gas leak. 4. Water leak. 5. Power failure. 6. Water outage. 7. System, subsystem, or equipment failure. 8. Chemical release or spill. C. Emergency Instructions: Describe and explain warnings, trouble indications, error messages, and similar codes and signals. Include responsibilities of Owner's operating personnel for notification of Installer, supplier, and manufacturer to maintain warranties. D. Emergency Procedures: Include the following, as applicable: OPERATION AND MAINTENANCE DATA

217 Washington County Public Schools Administrative Center 1. Instructions on stopping. 2. Shutdown instructions for each type of emergency. 3. Operating instructions for conditions outside normal operating limits. 4. Required sequences for electric or electronic systems. 5. Special operating instructions and procedures. 2.3 OPERATION MANUALS A. Content: In addition to requirements in this Section, include operation data required in individual Specification Sections and the following information: 1. System, subsystem, and equipment descriptions. Use designations for systems and equipment indicated on Contract Documents. 2. Performance and design criteria if Contractor is delegated design responsibility. 3. Operating standards. 4. Operating procedures. 5. Operating logs. 6. Wiring diagrams. 7. Control diagrams. 8. Piped system diagrams. 9. Precautions against improper use. 10. License requirements including inspection and renewal dates. B. Descriptions: Include the following: 1. Product name and model number. Use designations for products indicated on Contract Documents. 2. Manufacturer's name. 3. Equipment identification with serial number of each component. 4. Equipment function. 5. Operating characteristics. 6. Limiting conditions. 7. Performance curves. 8. Engineering data and tests. 9. Complete nomenclature and number of replacement parts. C. Operating Procedures: Include the following, as applicable: 1. Startup procedures. 2. Equipment or system break-in procedures. 3. Routine and normal operating instructions. 4. Regulation and control procedures. 5. Instructions on stopping. 6. Normal shutdown instructions. 7. Seasonal and weekend operating instructions. 8. Required sequences for electric or electronic systems. 9. Special operating instructions and procedures. D. Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as installed. OPERATION AND MAINTENANCE DATA

218 Washington County Public Schools Administrative Center E. Piped Systems: Diagram piping as installed, and identify color-coding where required for identification. 2.4 PRODUCT MAINTENANCE MANUALS A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual. C. Product Information: Include the following, as applicable: 1. Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products. D. Maintenance Procedures: Include manufacturer's written recommendations and the following: 1. Inspection procedures. 2. Types of cleaning agents to be used and methods of cleaning. 3. List of cleaning agents and methods of cleaning detrimental to product. 4. Schedule for routine cleaning and maintenance. 5. Repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 2.5 SYSTEMS AND EQUIPMENT MAINTENANCE MANUALS A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below. B. Source Information: List each system, subsystem, and piece of equipment included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual. OPERATION AND MAINTENANCE DATA

219 Washington County Public Schools Administrative Center C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including the following information for each component part or piece of equipment: 1. Standard maintenance instructions and bulletins. 2. Drawings, diagrams, and instructions required for maintenance, including disassembly and component removal, replacement, and assembly. 3. Identification and nomenclature of parts and components. 4. List of items recommended to be stocked as spare parts. D. Maintenance Procedures: Include the following information and items that detail essential maintenance procedures: 1. Test and inspection instructions. 2. Troubleshooting guide. 3. Precautions against improper maintenance. 4. Disassembly; component removal, repair, and replacement; and reassembly instructions. 5. Aligning, adjusting, and checking instructions. 6. Demonstration and training video recording, if available. E. Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment. F. Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local sources of maintenance materials and related services. G. Maintenance Service Contracts: Include copies of maintenance agreements with name and telephone number of service agent. H. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. PART 3 - EXECUTION 3.1 MANUAL PREPARATION A. Emergency Manual: Assemble a complete set of emergency information indicating procedures for use by emergency personnel and by Owner's operating personnel for types of emergencies indicated. B. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work. C. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system. OPERATION AND MAINTENANCE DATA

220 Washington County Public Schools Administrative Center D. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable. E. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in record Drawings to ensure correct illustration of completed installation. 1. Do not use original project record documents as part of operation and maintenance manuals. F. Comply with Division 1 Section "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF SECTION OPERATION AND MAINTENANCE DATA

221 Washington County Public Schools Administrative Center SECTION DEMONSTRATION AND TRAINING PART 1 - GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for instructing Owner's personnel, including the following: 1. Demonstration of operation of systems, subsystems, and equipment. 2. Training in operation and maintenance of systems, subsystems, and equipment. 3. Demonstration and training video recordings. 1.2 INFORMATIONAL SUBMITTALS A. Instruction Program: Submit outline of instructional program for demonstration and training, including a list of training modules and a schedule of proposed dates, times, length of instruction time, and instructors' names for each training module. Include learning objective and outline for each training module. 1. Indicate proposed training modules utilizing manufacturer-produced demonstration and training video recordings for systems, equipment, and products in lieu of video recording of live instructional module. 1.3 CLOSEOUT SUBMITTALS A. Demonstration and Training Video Recordings: Submit two copies within seven days of end of each training module. 1. At completion of training, submit complete training manual(s) for Owner's use. 1.4 QUALITY ASSURANCE A. Instructor Qualifications: A factory-authorized service representative, complying with requirements in Division 1 Section "Quality Requirements," experienced in operation and maintenance procedures and training. 1.5 COORDINATION A. Coordinate instruction schedule with Owner's operations. Adjust schedule as required to minimize disrupting Owner's operations. B. Coordinate content of training modules with content of approved emergency, operation, and maintenance manuals. Do not submit instruction program until operation and maintenance data has been reviewed and approved by Architect. DEMONSTRATION AND TRAINING

222 Washington County Public Schools Administrative Center PART 2 - PRODUCTS 2.1 INSTRUCTION PROGRAM A. Program Structure: Develop an instruction program that includes individual training modules for each system and for equipment not part of a system, as required by individual Specification Sections. B. Training Modules: Develop a learning objective and teaching outline for each module. Include a description of specific skills and knowledge that participant is expected to master. For each module, include instruction for the following as applicable to the system, equipment, or component: 1. Basis of System Design, Operational Requirements, and Criteria: Include the following: a. System, subsystem, and equipment descriptions. b. Performance and design criteria if Contractor is delegated design responsibility. c. Operating standards. d. Regulatory requirements. e. Equipment function. f. Operating characteristics. g. Limiting conditions. h. Performance curves. 2. Documentation: Review the following items in detail: a. Emergency manuals. b. Operations manuals. c. Maintenance manuals. d. Project record documents. e. Identification systems. f. Warranties and bonds. g. Maintenance service agreements and similar continuing commitments. 3. Emergencies: Include the following, as applicable: a. Instructions on meaning of warnings, trouble indications, and error messages. b. Instructions on stopping. c. Shutdown instructions for each type of emergency. d. Operating instructions for conditions outside of normal operating limits. e. Sequences for electric or electronic systems. f. Special operating instructions and procedures. 4. Operations: Include the following, as applicable: a. Startup procedures. b. Equipment or system break-in procedures. c. Routine and normal operating instructions. d. Regulation and control procedures. e. Control sequences. DEMONSTRATION AND TRAINING

223 Washington County Public Schools Administrative Center f. Safety procedures. g. Instructions on stopping. h. Normal shutdown instructions. i. Operating procedures for emergencies. j. Operating procedures for system, subsystem, or equipment failure. k. Seasonal and weekend operating instructions. l. Required sequences for electric or electronic systems. m. Special operating instructions and procedures. 5. Adjustments: Include the following: a. Alignments. b. Checking adjustments. c. Noise and vibration adjustments. d. Economy and efficiency adjustments. 6. Troubleshooting: Include the following: a. Diagnostic instructions. b. Test and inspection procedures. 7. Maintenance: Include the following: a. Inspection procedures. b. Types of cleaning agents to be used and methods of cleaning. c. List of cleaning agents and methods of cleaning detrimental to product. d. Procedures for routine cleaning e. Procedures for preventive maintenance. f. Procedures for routine maintenance. g. Instruction on use of special tools. 8. Repairs: Include the following: a. Diagnosis instructions. b. Repair instructions. c. Disassembly; component removal, repair, and replacement; and reassembly instructions. d. Instructions for identifying parts and components. e. Review of spare parts needed for operation and maintenance. PART 3 - EXECUTION 3.1 PREPARATION A. Assemble educational materials necessary for instruction, including documentation and training module. Assemble training modules into a training manual organized in coordination with requirements in Division 1 Section "Operations and Maintenance Data." DEMONSTRATION AND TRAINING

224 Washington County Public Schools Administrative Center 3.2 INSTRUCTION A. Scheduling: Provide instruction at mutually agreed on times. For equipment that requires seasonal operation, provide similar instruction at start of each season. 1. Schedule training with Owner with at least seven days' advance notice. 3.3 DEMONSTRATION AND TRAINING VIDEO RECORDINGS A. General: Engage a qualified commercial videographer to record demonstration and training video recordings. Record each training module separately. Include classroom instructions and demonstrations, board diagrams, and other visual aids, but not student practice. 1. At beginning of each training module, record each chart containing learning objective and lesson outline. B. Video Recording Format: Provide high-quality color video recordings with menu navigation in format acceptable to Architect. C. Pre-Produced Video Recordings: Provide video recordings used as a component of training modules in same format as recordings of live training. END OF SECTION DEMONSTRATION AND TRAINING

225 Washington County Public Schools Administrative Center SECTION MISCELLANEOUS CAST-IN-PLACE CONCRETE PART 1 - GENERAL 1.1 SUMMARY A. Section includes cast-in-place concrete, including reinforcement, concrete materials, mixture design, placement procedures, and finishes. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Other Action Submittal: 1. Design Mixtures: For each concrete mixture. 1.3 QUALITY ASSURANCE A. Ready-Mix-Concrete Manufacturer Qualifications: A firm experienced in manufacturing readymixed concrete products and that complies with ASTM C 94/C 94M requirements for production facilities and equipment. B. Comply with ACI 301 (ACI 301M). C. Comply with ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." PART 2 - PRODUCTS 2.1 FORMWORK A. Furnish formwork and formwork accessories according to ACI 301 (ACI 301M). 2.2 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), deformed. B. Plain-Steel Wire: ASTM A 82/A 82M, as drawn. C. Plain-Steel Welded Wire Reinforcement: ASTM A 185/A 185M, fabricated from as-drawn steel wire into flat sheets. D. Deformed-Steel Welded Wire Reinforcement: ASTM A 497/A 497M, flat sheet. MISCELLANEOUS CAST-IN-PLACE CONCRETE

226 2.3 CONCRETE MATERIALS Washington County Public Schools Administrative Center A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source throughout Project: 1. Portland Cement: ASTM C 150, Type I. B. Normal-Weight Aggregate: ASTM C 33, graded, 1-1/2-inch (38-mm) nominal maximum aggregate size. C. Water: ASTM C 94/C 94M. 2.4 ADMIXTURES A. Air-Entraining Admixture: ASTM C 260. B. Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with other admixtures and that will not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride. 1. Water-Reducing Admixture: ASTM C 494/C 494M, Type A. 2.5 CURING MATERIALS A. Evaporation Retarder: Waterborne, monomolecular film forming; manufactured for application to fresh concrete. B. Absorptive Cover: AASHTO M 182, Class 3, burlap cloth or cotton mats. C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet. D. Water: Potable. 2.6 CONCRETE MIXTURES A. Normal-Weight Concrete: Prepare design mixes, proportioned according to ACI 301 (ACI 301M), as follows: 1. Minimum Compressive Strength: 3500 psi (24.1 MPa) at 28 days. 2. Maximum Water-Cementitious Materials Ratio: Cementitious Materials: Use fly ash, pozzolan, ground granulated blast-furnace slag, and silica fume as needed to reduce the total amount of portland cement, which would otherwise be used, by not less than 40 percent. 4. Slump Limit: 8 inches (200 mm) for concrete with verified slump of 2 to 4 inches (50 to 100 mm) before adding high-range water-reducing admixture or plasticizing admixture, plus or minus 1 inch (25 mm). MISCELLANEOUS CAST-IN-PLACE CONCRETE

227 Washington County Public Schools Administrative Center 5. Air Content: Maintain within range permitted by ACI 301 (ACI 301M). Do not allow air content of trowel-finished floor slabs to exceed 3 percent. 2.7 CONCRETE MIXING A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M, and furnish batch ticket information. 1. When air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. PART 3 - EXECUTION 3.1 FORMWORK A. Design, construct, erect, brace, and maintain formwork according to ACI 301 (ACI 301M). 3.2 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work attached to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 3.3 STEEL REINFORCEMENT A. Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. 1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. 3.4 CONCRETE PLACEMENT A. Comply with ACI 301 (ACI 301M) for placing concrete. B. Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI 301 (ACI 301M). C. Consolidate concrete with mechanical vibrating equipment. 3.5 FINISHING FORMED SURFACES 1. Apply to concrete surfaces not exposed to public view. MISCELLANEOUS CAST-IN-PLACE CONCRETE

228 Washington County Public Schools Administrative Center B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Remove fins and other projections exceeding 1/8 inch (3 mm). C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise indicated. 3.6 FINISHING UNFORMED SURFACES A. General: Comply with ACI 302.1R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Screed surfaces with a straightedge and strike off. Begin initial floating using bull floats or darbies to form a uniform and open-textured surface plane before excess moisture or bleedwater appears on surface. 1. Do not further disturb surfaces before starting finishing operations. C. Trowel Finish: Apply a hard trowel finish to interior equipment pads. D. Trowel and Fine-Broom Finish (exterior equipment support slab): Apply a partial trowel finish, stopping after second troweling, to surfaces indicated and to surfaces where ceramic or quarry tile is to be installed by either thickset or thin-set methods. Immediately after second troweling, and when concrete is still plastic, slightly scarify surface with a fine broom. 3.7 CONCRETE PROTECTING AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI for cold-weather protection and with ACI 301 (ACI 301M) for hot-weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h (1 kg/sq. m x h) before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. C. Begin curing after finishing concrete but not before free water has disappeared from concrete surface. D. Curing Methods: Cure formed and unformed concrete for at least seven days by one or a combination of the following methods: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials: a. Absorptive cover, water saturated and kept continuously wet. Cover concrete surfaces and edges with 12-inch (300-mm) lap over adjacent absorptive covers. MISCELLANEOUS CAST-IN-PLACE CONCRETE

229 Washington County Public Schools Administrative Center 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches (300 mm), and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.8 REPAIRS A. Remove and replace concrete that does not comply with requirements in this Section. END OF SECTION MISCELLANEOUS CAST-IN-PLACE CONCRETE

230 Washington County Public Schools Administrative Center SECTION STRUCTURAL STEEL PART 1 - GENERAL 1.1 SUMMARY A. Section includes miscellaneous structural steel for the cooling tower rack assembly. 1.2 DEFINITIONS A. Structural Steel: Elements of structural-steel frame, as classified by AISC 303, "Code of Standard Practice for Steel Buildings and Bridges." 1.3 PERFORMANCE REQUIREMENTS A. Connections: Provide details of simple shear connections required by the Contract Documents to be selected or completed by structural-steel fabricator to withstand loads indicated and comply with other information and restrictions indicated. 1.4 SUBMITTALS A. Shop Drawings: Show fabrication of structural-steel components. 1.5 QUALITY ASSURANCE A. Comply with applicable provisions of the following specifications and documents: 1. AISC AISC RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts." PART 2 - PRODUCTS 2.1 STRUCTURAL-STEEL MATERIALS A. W-Shapes: ASTM A 572/A 572M, Grade 50 (345). B. Channels, Angles, M, S-Shapes: ASTM A 572/A 572M, Grade 50 (345). C. Plate and Bar: ASTM A 572/A 572M, Grade 50 (345). D. Cold-Formed Hollow Structural Sections: ASTM A 500, Grade B, structural tubing. STRUCTURAL STEEL

231 Washington County Public Schools Administrative Center E. Steel Pipe: ASTM A 53/A 53M, Type E or S, Grade B. F. Welding Electrodes: Comply with AWS requirements. 2.2 BOLTS, CONNECTORS, AND ANCHORS A. Zinc-Coated High-Strength Bolts, Nuts, and Washers: ASTM A 325 (ASTM A 325M), Type 1, heavy-hex steel structural bolts; ASTM A 563, Grade DH (ASTM A 563M, Class 10S) heavyhex carbon-steel nuts; and ASTM F 436 (ASTM F 436M), Type 1, hardened carbon-steel washers. 1. Finish: Hot-dip or mechanically deposited zinc coating. B. Unheaded Anchor Rods: ASTM F 1554, Grade 55, weldable. 1. Configuration: Straight. 2. Finish: Mechanically deposited zinc coating, ASTM B 695, Class 50. C. Threaded Rods: ASTM A 193/A 193M, Grade B7. 1. Finish: Mechanically deposited zinc coating, ASTM B 695, Class FINISH A. Powder-coat finish: Provide powder-coated finish on all surfaces, medium gray. 2.4 SHOP CONNECTIONS A. High-Strength Bolts: Shop install high-strength bolts according to RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts" for type of bolt and type of joint specified. 1. Joint Type: Snug tightened. B. Weld Connections: Comply with AWS D1.1/D1.1M for tolerances, appearances, welding procedure specifications, weld quality, and methods used in correcting welding work. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify, with steel Erector present, elevations of concrete- and masonry-bearing surfaces and locations of anchor rods, bearing plates, and other embedments for compliance with requirements. B. Proceed with installation only after unsatisfactory conditions have been corrected. STRUCTURAL STEEL

232 Washington County Public Schools Administrative Center 3.2 ERECTION A. Set structural steel accurately in locations and to elevations indicated and according to AISC 303 and AISC 360. B. Base Bearing Plates: Clean concrete- and masonry-bearing surfaces of bond-reducing materials, and roughen surfaces prior to setting plates. Clean bottom surface of plates. 1. Set plates for structural members on wedges, shims, or setting nuts as required. 2. Weld plate washers to top of baseplate. 3. Snug-tighten anchor rods after supported members have been positioned and plumbed. Do not remove wedges or shims but, if protruding, cut off flush with edge of plate before packing with grout. 4. Promptly pack grout solidly between bearing surfaces and plates so no voids remain. Neatly finish exposed surfaces; protect grout and allow to cure. Comply with manufacturer's written installation instructions for shrinkage-resistant grouts. C. Maintain erection tolerances of structural steel within AISC's "Code of Standard Practice for Steel Buildings and Bridges." 3.3 FIELD CONNECTIONS A. High-Strength Bolts: Install high-strength bolts according to RCSC's "Specification for Structural Joints Using ASTM A 325 or A 490 Bolts" for type of bolt and type of joint specified. 1. Joint Type: Snug tightened. B. Weld Connections: Comply with AWS D1.1/D1.1M for tolerances, appearances, welding procedure specifications, weld quality, and methods used in correcting welding work. 1. Comply with AISC 303 and AISC 360 for bearing, alignment, adequacy of temporary connections, and removal of paint on surfaces adjacent to field welds. C. Finish Touch-Up: Touch up powder-coated finish where it has been damaged during assembly. END OF SECTION STRUCTURAL STEEL

233 Washington County Public Schools Administrative Center SECTION THERMOPLASTIC POLYOLEFIN (TPO) ROOFING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Adhered TPO membrane roofing system. 1.2 PERFORMANCE REQUIREMENTS A. Energy Performance: Provide roofing system with initial Solar Reflectance Index not less than 78 when calculated according to ASTM E 1980, based on testing identical products by a qualified testing agency. B. Energy Performance: Provide roofing system that is listed on the DOE's ENERGY STAR "Roof Products Qualified Product List" for low-slope roof products. 1.3 SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: For roofing system. Include plans, elevations, sections, details, and attachments to other work. C. Manufacturer Certificates: Signed by roofing manufacturer certifying that roofing system complies with requirements specified in "Performance Requirements" Article. 1. Submit evidence of compliance with performance requirements. D. Research/evaluation reports. E. Field quality-control reports. F. Maintenance data. 1.4 QUALITY ASSURANCE A. Installer Qualifications: A qualified firm that is approved, authorized, or licensed by membrane roofing system manufacturer to install manufacturer's product. B. Source Limitations: Obtain components including roof insulation for membrane roofing system from same manufacturer as membrane roofing or approved by membrane roofing manufacturer. THERMOPLASTIC POLYOLEFIN (TPO) ROOFING

234 Washington County Public Schools Administrative Center C. Exterior Fire-Test Exposure: ASTM E 108, Class A; for application and roof slopes indicated, as determined by testing identical membrane roofing materials by a qualified testing agency. Materials shall be identified with appropriate markings of applicable testing agency. 1.5 WARRANTY A. which manufacturer agrees to repair or replace components of membrane roofing system that fail in materials or workmanship within specified warranty period. 1. Warranty Period: 15 years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 TPO MEMBRANE ROOFING A. Fabric-Reinforced Thermoplastic Polyolefin Sheet: ASTM D 6878, internally fabric or scrim reinforced, uniform, flexible TPO sheet. 1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Carlisle SynTec Incorporated. b. Custom Seal Roofing. c. Firestone Building Products Company. d. GAF Materials Corporation. e. GenFlex Roofing Systems. f. Johns Manville. g. Mule-Hide Products Co., Inc. h. Stevens Roofing Systems; Division of JPS Elastomerics. i. Versico Incorporated. 2. Thickness: 45 mils (1.1 mm), nominal. 2.2 AUXILIARY MEMBRANE ROOFING MATERIALS A. General: Auxiliary membrane roofing materials recommended by roofing system manufacturer for intended use, and compatible with membrane roofing. 1. Liquid-type auxiliary materials shall comply with VOC limits of authorities having jurisdiction. 2. Adhesives and sealants that are not on the exterior side of weather barrier shall comply with the following limits for VOC content when calculated according to 40 CFR 59, Subpart D (EPA Method 24): a. Plastic Foam Adhesives: 50 g/l. b. Gypsum Board and Panel Adhesives: 50 g/l. c. Multipurpose Construction Adhesives: 70 g/l. THERMOPLASTIC POLYOLEFIN (TPO) ROOFING

235 Washington County Public Schools Administrative Center d. Fiberglass Adhesives: 80 g/l. e. Contact Adhesive: 80 g/l. f. Other Adhesives: 250 g/l. g. Single-Ply Roof Membrane Sealants: 450 g/l. h. Nonmembrane Roof Sealants: 300 g/l. i. Sealant Primers for Nonporous Substrates: 250 g/l. j. Sealant Primers for Porous Substrates: 775 g/l. B. Sheet Flashing: Manufacturer's standard unreinforced thermoplastic polyolefin sheet flashing, 55 mils (1.4 mm) thick, minimum, of same color as sheet membrane. C. Bonding Adhesive: Manufacturer's standard. D. Metal Termination Bars: Manufacturer's standard, predrilled stainless-steel or aluminum bars, approximately 1 by 1/8 inch (25 by 3 mm) thick; with anchors. E. Fasteners: Factory-coated steel fasteners and metal or plastic plates complying with corrosionresistance provisions in FM Approvals 4470, designed for fastening membrane to substrate, and acceptable to membrane roofing system manufacturer. F. Miscellaneous Accessories: Provide pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T-joint covers, lap sealants, termination reglets, and other accessories. 2.3 ROOF INSULATION A. Polyisocyanurate Board Insulation: ASTM C 1289, Type II, Class 1, Grade 2, felt or glass-fiber mat facer on both major surfaces. B. Tapered Insulation: Provide factory-tapered insulation boards fabricated to slope of 1/4 inch per 12 inches (1:48) unless otherwise indicated. C. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated. 2.4 INSULATION ACCESSORIES A. Fasteners: Factory-coated steel fasteners and metal or plastic plates complying with corrosionresistance provisions in FM Approvals 4470, designed for fastening roof insulation to substrate, and acceptable to roofing system manufacturer. B. Insulation Adhesive: Insulation manufacturer's recommended cold-applied adhesive formulated to attach roof insulation to substrate or to another insulation layer. 2.5 WALKWAYS A. Flexible Walkways: Factory-formed, nonporous, heavy-duty, slip-resisting, surface-textured walkway pads or rolls, approximately 3/16 inch (5 mm) thick, and acceptable to membrane roofing system manufacturer. THERMOPLASTIC POLYOLEFIN (TPO) ROOFING

236 Washington County Public Schools Administrative Center PART 3 - EXECUTION 3.1 INSULATION INSTALLATION A. Coordinate installing membrane roofing system components so insulation is not exposed to precipitation or left exposed at the end of the workday. B. Comply with membrane roofing system and insulation manufacturer's written instructions for installing roof insulation. C. Install tapered insulation under area of roofing to conform to slopes indicated. D. Install insulation under area of roofing to achieve required thickness. Where overall insulation thickness is 2.7 inches (68 mm) or greater, install two or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches (150 mm) in each direction. E. Adhered Insulation: Install each layer of insulation and adhere to substrate as follows: 1. Prime surface of concrete deck with asphalt primer at rate of 3/4 gal./100 sq. ft. (0.3 L/sq. m) and allow primer to dry. 2. Set each layer of insulation in a solid mopping of hot roofing asphalt, applied within plus or minus 25 deg F (14 deg C) of equiviscous temperature. 3. Set each layer of insulation in adhesive, firmly pressing and maintaining insulation in place. 3.2 ADHERED MEMBRANE ROOFING INSTALLATION A. Adhere membrane roofing over area to receive roofing and install according to membrane roofing system manufacturer's written instructions. B. Accurately align membrane roofing and maintain uniform side and end laps of minimum dimensions required by manufacturer. Stagger end laps. C. Bonding Adhesive: Apply to substrate and underside of membrane roofing at rate required by manufacturer and allow to partially dry before installing membrane roofing. Do not apply to splice area of membrane roofing. D. In addition to adhering, mechanically fasten membrane roofing securely at terminations, penetrations, and perimeter of roofing. E. Apply membrane roofing with side laps shingled with slope of roof deck where possible. F. Seams: Clean seam areas, overlap membrane roofing, and hot-air weld side and end laps of membrane roofing and sheet flashings according to manufacturer's written instructions to ensure a watertight seam installation. 1. Test lap edges with probe to verify seam weld continuity. Apply lap sealant to seal cut edges of sheet membrane. 2. Repair tears, voids, and lapped seams in roofing that does not comply with requirements. THERMOPLASTIC POLYOLEFIN (TPO) ROOFING

237 3.3 BASE FLASHING INSTALLATION Washington County Public Schools Administrative Center A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to membrane roofing system manufacturer's written instructions. B. Apply bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially dry. Do not apply to seam area of flashing. C. Flash penetrations and field-formed inside and outside corners with cured or uncured sheet flashing. D. Clean seam areas, overlap, and firmly roll sheet flashings into the adhesive. Hot-air weld side and end laps to ensure a watertight seam installation. E. Terminate and seal top of sheet flashings and mechanically anchor to substrate through termination bars. 3.4 WALKWAY INSTALLATION A. Flexible Walkways: Install walkway products in locations indicated. Heat weld to substrate or adhere walkway products to substrate with compatible adhesive according to roofing system manufacturer's written instructions. 3.5 FIELD QUALITY CONTROL A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion. B. Repair or remove and replace components of membrane roofing system where inspections indicate that they do not comply with specified requirements. END OF SECTION THERMOPLASTIC POLYOLEFIN (TPO) ROOFING

238 Washington County Public Schools Administrative Center SECTION SHEET METAL FLASHING AND TRIM PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Manufactured reglets. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. 1.3 QUALITY ASSURANCE A. Sheet Metal Flashing and Trim Standard: Comply with SMACNA's "Architectural Sheet Metal Manual" unless more stringent requirements are specified or shown on Drawings. PART 2 - PRODUCTS 2.1 SHEET METALS A. General: Protect mechanical and other finishes on exposed surfaces from damage by applying a strippable, temporary protective film before shipping. B. Stainless-Steel Sheet: ASTM A 240/A 240M or ASTM A 666, Type 304, dead soft, fully annealed; 2D (dull, cold rolled) finish. 2.2 MISCELLANEOUS MATERIALS A. General: Provide materials and types of fasteners, solder, welding rods, protective coatings, separators, sealants, and other miscellaneous items as required for complete sheet metal flashing and trim installation and recommended by manufacturer of primary sheet metal or manufactured item unless otherwise indicated. B. Fasteners: Wood screws, annular threaded nails, self-tapping screws, self-locking rivets and bolts, and other suitable fasteners designed to withstand design loads and recommended by manufacturer of primary sheet metal or manufactured item. 1. General: Blind fasteners or self-drilling screws, gasketed, with hex-washer head. a. Exposed Fasteners: Heads matching color of sheet metal using plastic caps or factory-applied coating. SHEET METAL FLASHING AND TRIM

239 Washington County Public Schools Administrative Center b. Blind Fasteners: High-strength aluminum or stainless-steel rivets suitable for metal being fastened. c. Spikes and Ferrules: Same material as gutter; with spike with ferrule matching internal gutter width. 2. Fasteners for Stainless-Steel Sheet: Series 300 stainless steel. C. Sealant Tape: Pressure-sensitive, 100 percent solids, gray polyisobutylene compound sealant tape with release-paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining tape 1/2 inch (13 mm) wide and 1/8 inch (3 mm) thick. D. Elastomeric Sealant: ASTM C 920, elastomeric polymer sealant; low modulus; of type, grade, class, and use classifications required to seal joints in sheet metal flashing and trim and remain watertight. E. Bituminous Coating: Cold-applied asphalt emulsion complying with ASTM D REGLETS A. Reglets: Units of type, material, and profile indicated, formed to provide secure interlocking of separate reglet and counterflashing pieces, and compatible with flashing indicated with factorymitered and -welded corners and junctions. 1. Material: Stainless steel, inch (0.48 mm) thick. 2. Finish: Mill. 2.4 FABRICATION, GENERAL A. General: Custom fabricate sheet metal flashing and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to design, dimensions, geometry, metal thickness, and other characteristics of item indicated. Fabricate items at the shop to greatest extent possible. 1. Obtain field measurements for accurate fit before shop fabrication. 2. Form sheet metal flashing and trim without excessive oil canning, buckling, and tool marks and true to line and levels indicated, with exposed edges folded back to form hems. 3. Conceal fasteners and expansion provisions where possible. Exposed fasteners are not allowed on faces exposed to view. B. Sealed Joints: Form nonexpansion but movable joints in metal to accommodate elastomeric sealant. C. Expansion Provisions: Where lapped expansion provisions cannot be used, form expansion joints of intermeshing hooked flanges, not less than 1 inch (25 mm) deep, filled with butyl sealant concealed within joints. D. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal. SHEET METAL FLASHING AND TRIM

240 Washington County Public Schools Administrative Center E. Seams: Fabricate nonmoving seams with flat-lock seams. Form seams and seal with elastomeric sealant unless otherwise recommended by sealant manufacturer for intended use. Rivet joints where necessary for strength. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. General: Anchor sheet metal flashing and trim and other components of the Work securely in place, with provisions for thermal and structural movement so that completed sheet metal flashing and trim shall not rattle, leak, or loosen, and shall remain watertight. Use fasteners, solder, welding rods, protective coatings, separators, sealants, and other miscellaneous items as required to complete sheet metal flashing and trim system. 1. Install sheet metal flashing and trim true to line and levels indicated. Provide uniform, neat seams with minimum exposure of solder, welds, and sealant. 2. Install sheet metal flashing and trim to fit substrates and to result in watertight performance. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. 3. Space cleats not more than 12 inches (300 mm) apart. Anchor each cleat with two fasteners. Bend tabs over fasteners. 4. Install exposed sheet metal flashing and trim without excessive oil canning, buckling, and tool marks. 5. Install sealant tape where indicated. 6. Torch cutting of sheet metal flashing and trim is not permitted. B. Metal Protection: Where dissimilar metals will contact each other or corrosive substrates, protect against galvanic action by painting contact surfaces with bituminous coating or by other permanent separation as recommended by SMACNA. 1. Coat back side of stainless-steel sheet metal flashing and trim with bituminous coating where flashing and trim will contact wood, ferrous metal, or cementitious construction. 2. Underlayment: Where installing metal flashing directly on cementitious or wood substrates, install a course of felt underlayment and cover with a slip sheet or install a course of polyethylene sheet. C. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at a maximum of [10 feet (3 m)] <Insert dimension> with no joints allowed within 24 inches (600 mm) of corner or intersection. Where lapped expansion provisions cannot be used or would not be sufficiently watertight, form expansion joints of intermeshing hooked flanges, not less than 1 inch (25 mm) deep, filled with sealant concealed within joints. D. Seal joints as shown and as required for watertight construction. 3.2 ROOF FLASHING INSTALLATION A. General: Install sheet metal flashing and trim to comply with performance requirements, sheet metal manufacturer's written installation instructions, and SMACNA's "Architectural Sheet SHEET METAL FLASHING AND TRIM

241 Washington County Public Schools Administrative Center Metal Manual." Provide concealed fasteners where possible, set units true to line, and level as indicated. Install work with laps, joints, and seams that will be permanently watertight and weather resistant. B. Pipe or Post Counterflashing: Install counterflashing umbrella with close-fitting collar with top edge flared for elastomeric sealant, extending a minimum of 4 inches (100 mm) over base flashing. Install stainless-steel draw band and tighten. C. Counterflashing: Coordinate installation of counterflashing with installation of base flashing. Insert counterflashing in reglets or receivers and fit tightly to base flashing. Extend counterflashing 4 inches (100 mm) over base flashing. Lap counterflashing joints a minimum of 4 inches (100 mm) and bed with sealant. D. Roof-Penetration Flashing: Coordinate installation of roof-penetration flashing with installation of roofing and other items penetrating roof. Seal with elastomeric sealant and clamp flashing to pipes that penetrate roof. 3.3 WALL FLASHING INSTALLATION A. General: Install sheet metal wall flashing to intercept and exclude penetrating moisture according to SMACNA recommendations and as indicated. Coordinate installation of wall flashing with installation of wall-opening components such as windows, doors, and louvers. 3.4 CLEANING AND PROTECTION A. Clean exposed metal surfaces of substances that interfere with uniform oxidation and weathering. B. Remove temporary protective coverings and strippable films as sheet metal flashing and trim are installed unless otherwise indicated in manufacturer's written installation instructions. END OF SECTION SHEET METAL FLASHING AND TRIM

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