Arbitration Consolidation or Joinder AIA Document A

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1 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision The parties shall share the mediator s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof Arbitration If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof Consolidation or Joinder Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s) Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 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 14:45:23 on 06/26/2017 under Order No which expires on 10/25/2017, and is not for resale. User Notes: (3B9ADA1E) 39

2 DIVISION 1 GENERAL REQUIREMENTS

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4 PART 1 GENERAL 1.01 PROJECT A. Project Name: B. Owner's Name: Bay Ltd.. C. Architect's Name: WKMC Architects, Inc.. SECTION SUMMARY D. The Project consists of the construction of a new 16,625 s.f. single story office building CONTRACT DESCRIPTION A. Contract Type: A single prime contract based on a Stipulated Price as described in Document Agreement Form OWNER OCCUPANCY A. Owner intends to occupy the Project upon Substantial Completion. B. Cooperate with Owner to minimize conflict and to facilitate Owner's operations. C. Schedule the Work to accommodate Owner occupancy CONTRACTOR USE OF SITE AND PREMISES A. Provide access to and from site as required by law and by Owner: 1. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. 2. Do not obstruct roadways, sidewalks, or other public ways without permit. B. Utility Outages and Shutdown: 1. Prevent accidental disruption of utility services to other facilities. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION SUMMARY

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6 PART 1 GENERAL 1.01 SECTION INCLUDES SECTION PRICE AND PAYMENT PROCEDURES A. Procedures for preparation and submittal of applications for progress payments. B. Documentation of changes in Contract Sum and Contract Time. C. Change procedures. D. Correlation of Contractor submittals based on changes. E. Procedures for preparation and submittal of application for final payment RELATED REQUIREMENTS A. Section Contracting Forms and Supplements: Forms to be used. B. Document Agreement Form: Contract Sum, retainages, payment period, monetary values of unit prices. C. Document General Conditions and Document Supplementary Conditions: Additional requirements for progress payments, final payment, changes in the Work. D. Section Allowances: Payment procedures relating to allowances SCHEDULE OF VALUES A. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit draft to Architect for approval. B. Forms filled out by hand will not be accepted. C. Submit Schedule of Values in duplicate within 15 days after date of Owner-Contractor Agreement. D. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the specification Section. Identify site mobilization and bonds and insurance. E. Include in each line item, the amount of Allowances specified in this section. F. Include separately from each line item, a direct proportional amount of Contractor's overhead and profit. G. Revise schedule to list approved Change Orders, with each Application For Payment APPLICATIONS FOR PROGRESS PAYMENTS A. Payment Period: Submit at intervals stipulated in the Agreement. B. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit sample to Architect for approval. C. Forms filled out by hand will not be accepted. D. For each item, provide a column for listing each of the following: 1. Item Number. 2. Description of work. 3. Scheduled Values. 4. Previous Applications. 5. Work in Place and Stored Materials under this Application. 6. Total Completed and Stored to Date of Application. 7. Percentage of Completion. 8. Balance to Finish. 9. Retainage. E. Execute certification by signature of authorized officer. F. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products PRICE AND PAYMENT PROCEDURES

7 G. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of Work. H. Submit three copies of each Application for Payment. I. Include the following with the application: 1. Construction progress schedule, revised and current as specified in Section Partial release of liens from major Subcontractors and vendors. J. When Architect requires substantiating information, submit data justifying dollar amounts in question. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description MODIFICATION PROCEDURES A. For minor changes not involving an adjustment to the Contract Sum or Contract Time, Architect will issue instructions directly to Contractor. B. For other required changes, Architect will issue a document signed by Owner instructing Contractor to proceed with the change, for subsequent inclusion in a Change Order. 1. The document will describe the required changes and will designate method of determining any change in Contract Sum or Contract Time. 2. Promptly execute the change. C. For changes for which advance pricing is desired, Architect will issue a document that includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor shall prepare and submit a fixed price quotation within 14 days. D. Contractor may propose a change by submitting a request for change to Architect, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. Document any requested substitutions in accordance with Section E. Computation of Change in Contract Amount: As specified in the Agreement and Conditions of the Contract. 1. For change requested by Architect for work falling under a fixed price contract, the amount will be based on Contractor's price quotation. 2. For change requested by Contractor, the amount will be based on the Contractor's request for a Change Order as approved by Architect. 3. For change ordered by Architect without a quotation from Contractor, the amount will be determined by Architect based on the Contractor's substantiation of costs as specified for Time and Material work. F. Substantiation of Costs: Provide full information required for evaluation. 1. On request, provide the following data: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. Credit for deletions from Contract, similarly documented. 2. Support each claim for additional costs with additional information: a. Origin and date of claim. b. Dates and times work was performed, and by whom. c. Time records and wage rates paid. d. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 3. For Time and Material work, submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract PRICE AND PAYMENT PROCEDURES

8 G. Execution of Change Orders: Architect will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. H. After execution of Change Order, promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. I. Promptly revise progress schedules to reflect any change in Contract Time, revise sub-schedules to adjust times for other items of work affected by the change, and resubmit. J. Promptly enter changes in Project Record Documents APPLICATION FOR FINAL PAYMENT A. Prepare Application for Final Payment as specified for progress payments, identifying total adjusted Contract Sum, previous payments, and sum remaining due. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION PRICE AND PAYMENT PROCEDURES

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10 PART 1 GENERAL 1.01 SECTION INCLUDES A. Inspecting and testing allowances. SECTION ALLOWANCES B. Payment and modification procedures relating to allowances RELATED REQUIREMENTS A. Section Price and Payment Procedures: Additional payment and modification procedures INSPECTING AND TESTING ALLOWANCES A. Costs Included in Inspecting and Testing Allowances: Cost of engaging an inspecting or testing agency; execution of inspecting and tests; and reporting results. B. Costs Not Included in the Inspecting and Testing Allowances: 1. Costs of incidental labor and facilities required to assist inspecting or testing agency. 2. Costs of testing services used by Contractor separate from Contract Document requirements. 3. Costs of retesting upon failure of previous tests as determined by Architect. C. Payment Procedures: 1. Submit one copy of the inspecting or testing firm's invoice with next application for payment. 2. Pay invoice on approval by Architect. D. Differences in cost will be adjusted by Change Order ALLOWANCES SCHEDULE A. Landscaping Allowance: Include the stipulated sum/price of $150, for landscaping as directed by the Architect. B. Monument Signage Allowance: Include the stipulated sum/price of $5, for the purchase and installation of a monument sign as selected by Owner. C. Inspecting and Testing Allowance: Include the sum of $10, for payment of inspecting services specified in Section Quality Requirements and Section Testing Laboratory Services. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION ALLOWANCES

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12 PART 1 GENERAL 1.01 SECTION INCLUDES A. Description of Alternates. B. Procedures for pricing Alternates. SECTION ALTERNATES C. Documentation of changes to Contract Price and Contract Time RELATED REQUIREMENTS A. Document Instructions to Bidders: Instructions for preparation of pricing for Alternates. B. Agreement Form: Incorporating monetary value of accepted Alternates ACCEPTANCE OF ALTERNATES A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at Owner's option. Accepted Alternates will be identified in the Owner-Contractor Agreement. B. Coordinate related work and modify surrounding work to integrate the Work of each Alternate SCHEDULE OF ALTERNATES A. Alternate No. One - Furnish and installed "Dyed and Polished Concrete" in lieu of "Dyed Concrete".: 1. Base Bid Item: Rooms scheduled to receive "Dyed Concrete" on the Room Finish Schedule on Drawing Sheet A-601 shall receive the dyed, steel trowelled concrete floor treatment as specified in Specification Section Polished Concrete Finishing. 2. Alternate Bid Item: Rooms scheduled to receive "Dyed Concrete" on the Room Finish Schedule on Drawing Sheet A-601 shall receive the polished concrete floor treatment including the Dyed and Polished Concrete as specified in Paragraph 3.04.A.4 in Specification Section Polished Concrete Finishing. B. Alternate No. Two - Contractor shall furnish 100% Performance and 100% Payment Bonds for the project: C. Alternate No. Three - Furnish and install asphaltic concrete millings in lieu of the flexible base indicated on Drawing Sheet C-107: 1. Base Bid Item: Flexible Base as indicated on Drawing Sheet C Alternate Item: Furnish and install asphaltic concrete millings as indicated on Drawing Sheet C-107. D. Alternate No. Four - Furnish and install new aluminum fencing and cantilevered gate as specified in Specification Section Decorative Metal Fencing and Gates and Drawing Sheet A-101 Architectural Site Plan. : 1. Base Bid Item: Underground electrical and controls conduit shall be part of the base bid. 2. Alternate Item: Decorative metal fencing and gates. E. Alternate No. Five - Provide property insurance in accordance with AIA Document A Exhibit Insurance and Bonds, paragraph A inclusive of subparagraphs. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION ALTERNATES

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14 PART 1 GENERAL 1.01 SECTION INCLUDES A. Preconstruction meeting. B. Progress meetings. C. Construction progress schedule. SECTION ADMINISTRATIVE REQUIREMENTS D. Submittals for review, information, and project closeout. E. Submittal procedures. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 PRECONSTRUCTION MEETING A. Architect will schedule a meeting after Notice of Award. B. Attendance Required: 1. Owner. 2. Architect. 3. Contractor. 4. Major Subcontractors and Suppliers.. C. Agenda: 1. Execution of Owner-Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 5. Designation of personnel representing the parties to Contract and Architect. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 7. Scheduling. D. Record minutes and distribute copies within two days after meeting to participants, with electronic copies to Architect, Owner, participants, and those affected by decisions made PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at maximum bi-monthly intervals. B. Architect will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. C. Attendance Required as appropriate to agenda topics each meeting: 1. Owner. 2. Architect. 3. Contractor's Superintendent. 4. Major Subcontractors. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems that impede, or will impede, planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off-site fabrication and delivery schedules. 7. Maintenance of progress schedule ADMINISTRATIVE REQUIREMENTS

15 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Maintenance of quality and work standards. 11. Effect of proposed changes on progress schedule and coordination. 12. Other business relating to Work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made CONSTRUCTION PROGRESS SCHEDULE A. Within 10 days after date of the Agreement, submit preliminary schedule defining planned operations for the first 60 days of Work, with a general outline for remainder of Work. B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment SUBMITTALS FOR REVIEW A. When the following are specified in individual sections, submit them for review: 1. Product data. 2. Shop drawings. 3. Samples for selection. 4. Samples for verification. B. Submit to Architect for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. C. Samples will be reviewed only for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section Closeout Submittals SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. 7. Other types indicated. B. Submit for Architect's knowledge as contract administrator or for Owner. No action will be taken SUBMITTALS FOR PROJECT CLOSEOUT A. Submit Correction Punch List for Substantial Completion. B. Submit Final Correction Punch List for Substantial Completion. C. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated ADMINISTRATIVE REQUIREMENTS

16 D. Submit for Owner's benefit during and after project completion NUMBER OF COPIES OF SUBMITTALS A. Electronic Documents: Submit one electronic copy in PDF format; an electronically-marked up file will be returned. Create PDFs at native size and right-side up; illegible files will be rejected. B. Samples: Submit the number specified in individual specification sections; one of which will be retained by Architect. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specifically so stated SUBMITTAL PROCEDURES A. Shop Drawing Procedures: 1. Prepare accurate, drawn-to-scale, original shop drawing documentation by interpreting the Contract Documents and coordinating related Work. B. Transmit each submittal with a copy of approved submittal form. C. Sequentially number the transmittal form. Revise submittals with original number and a sequential alphabetic suffix. D. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. E. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. F. Deliver submittals to Architect at business address. G. Schedule submittals to expedite the Project, and coordinate submission of related items. H. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. I. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. J. Provide space for Contractor and Architect review stamps. K. When revised for resubmission, identify all changes made since previous submission. L. Distribute reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. M. Submittals not requested will not be recognized or processed. END OF SECTION ADMINISTRATIVE REQUIREMENTS

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18 PART 1 GENERAL 1.01 SECTION INCLUDES A. Submittals. B. References and standards. SECTION QUALITY REQUIREMENTS C. Testing and inspection agencies and services. D. Control of installation. E. Mock-ups. F. Tolerances. G. Manufacturers' field services. H. Defect Assessment RELATED REQUIREMENTS A. Document General Conditions: Inspections and approvals required by public authorities. B. Section Allowances: Allowance for payment of testing services. C. Section Administrative Requirements: Submittal procedures. D. Section Product Requirements: Requirements for material and product quality REFERENCE STANDARDS A. ASTM C Standard Practice for Agencies Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Testing Agency Evaluation; SUBMITTALS A. See Section Administrative Requirements, for submittal procedures. B. Design Data: Submit for Architect's knowledge as contract administrator for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents, or for Owner's information. C. Test Reports: After each test/inspection, promptly submit two copies of report to Architect and to Contractor. 1. Include: a. Date issued. b. Project title and number. c. Name of inspector. d. Date and time of sampling or inspection. e. Identification of product and specifications section. f. Location in the Project. g. Type of test/inspection. h. Date of test/inspection. i. Results of test/inspection. j. Conformance with Contract Documents. k. When requested by Architect, provide interpretation of results. 2. Test report submittals are for Architect's knowledge as contract administrator for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents, or for Owner's information. D. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation/application subcontractor to Architect, in quantities specified for Product Data QUALITY REQUIREMENTS

19 1. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. 2. Certificates may be recent or previous test results on material or product, but must be acceptable to Architect. E. Manufacturer's Instructions: When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, for the Owner's information. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. F. Manufacturer's Field Reports: Submit reports for Architect's benefit as contract administrator or for Owner. 1. Submit report in duplicate within 30 days of observation to Architect for information. 2. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. G. Erection Drawings: Submit drawings for Architect's benefit as contract administrator or for Owner. 1. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. 2. Data indicating inappropriate or unacceptable Work may be subject to action by Architect or Owner REFERENCES AND STANDARDS A. For products and workmanship specified by reference to a document or documents not included in the Project Manual, also referred to as reference standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard of date of issue current on date of Contract Documents, except where a specific date is established by applicable code. C. Obtain copies of standards where required by product specification sections. D. Maintain copy at project site during submittals, planning, and progress of the specific work, until Substantial Completion. E. Should specified reference standards conflict with Contract Documents, request clarification from Architect before proceeding. F. Neither the contractual relationships, duties, or responsibilities of the parties in Contract nor those of Architect shall be altered from the Contract Documents by mention or inference otherwise in any reference document TESTING AND INSPECTION AGENCIES AND SERVICES A. Owner will employ services of an independent testing agency to perform certain specified testing; payment for cost of services will be derived from allowance specified in Section ; see Section and applicable sections for description of services included in allowance. B. Employment of agency in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding QUALITY REQUIREMENTS

20 D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have Work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement MOCK-UPS A. Accepted mock-ups establish the standard of quality the Architect will use to judge the Work. B. Tests shall be performed under provisions identified in this section and identified in the respective product specification sections. C. Accepted mock-ups shall be a comparison standard for the remaining Work. D. Where mock-up has been accepted by Architect and is specified in product specification sections to be removed, protect mock-up throughout construction, remove mock-up and clear area when directed to do so by Architect TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Architect before proceeding. C. Adjust products to appropriate dimensions; position before securing products in place TESTING AND INSPECTION A. Testing Agency Duties: 1. Provide qualified personnel at site. Cooperate with Architect and Contractor in performance of services. 2. Perform specified sampling and testing of products in accordance with specified standards. 3. Ascertain compliance of materials and mixes with requirements of Contract Documents. 4. Promptly notify Architect and Contractor of observed irregularities or non-conformance of Work or products. 5. Perform additional tests and inspections required by Architect. 6. Submit reports of all tests/inspections specified. B. Limits on Testing/Inspection Agency Authority: 1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency may not approve or accept any portion of the Work. 3. Agency may not assume any duties of Contractor. 4. Agency has no authority to stop the Work. C. Contractor Responsibilities: 1. Deliver to agency at designated location, adequate samples of materials proposed to be used that require testing, along with proposed mix designs. 2. Cooperate with laboratory personnel, and provide access to the Work and to manufacturers' facilities. 3. Provide incidental labor and facilities: a. To provide access to Work to be tested/inspected. b. To obtain and handle samples at the site or at source of Products to be tested/inspected. c. To facilitate tests/inspections. d. To provide storage and curing of test samples QUALITY REQUIREMENTS

21 4. Notify Architect and laboratory 24 hours prior to expected time for operations requiring testing/inspection services. 5. Employ services of an independent qualified testing laboratory and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. 6. Arrange with Owner's agency and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. D. Re-testing required because of non-conformance to specified requirements shall be performed by the same agency on instructions by Architect. E. Re-testing required because of non-conformance to specified requirements shall be paid for by Contractor MANUFACTURERS' FIELD SERVICES A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment as applicable, and to initiate instructions when necessary. B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions DEFECT ASSESSMENT A. Replace Work or portions of the Work not conforming to specified requirements. B. If, in the opinion of Architect, it is not practical to remove and replace the Work, Architect will direct an appropriate remedy or adjust payment. END OF SECTION QUALITY REQUIREMENTS

22 SECTION TESTING LABORATORY SERVICES PART 1 - GENERAL 1.01 RELATED DOCUMENTS Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections apply to work specified in this Section PROCEDURE A. Testing Laboratory: An independent testing laboratory will be selected and furnished by the Owner to inspect and test the materials and methods of construction as hereinafter specified for compliance with the specification requirements of the Contract Documents and to perform such other specialized technical services as required by the Owner or his representative. All testing lab services shall be paid for by the owner QUALIFICATIONS OF TESTING LABORATORY A. The Testing Laboratory selected shall meet the basic requirements of ASTM E329 "Standard of Recommended Practice for Inspection and Testing Agencies for Concrete and Steel as Used in Construction", and shall submit to the Contractor, Owner, Architect, and Engineer, a copy of the report of inspection of their facilities made by the Materials Reference Laboratory of the National Bureau of Standards during the most recent tour of such inspections, and shall submit a memorandum stating steps taken to remedy all deficiencies reported by this inspection. B. The Testing Laboratory selected shall meet "Recommended Requirements for Independent Laboratory Qualification", latest edition, as published by the American Council of Independent Laboratories. C. The Testing Laboratory shall be approved by the Building Official of the City of Corpus Christi, Texas to perform inspection and certification services as an approved inspector of prefabricated construction. D. Testing machines shall be calibrated at intervals not exceeding 12 months by devices of accuracy traceable to the National Bureau of Standards or accepted values of natural physical constants. The Testing Laboratory shall submit a copy of certificate of calibration made by an accredited calibration agency. E. Tests and inspections shall be conducted in accordance with specified requirements, and if not specified, in accordance with the applicable standards of the American Society for Testing and Materials or other recognized and accepted authorities in the field AUTHORITIES AND DUTIES OF THE LABORATORY A. Attending Preconstruction Conferences: The Testing Laboratory shall obtain and review the project plans and specifications with the Architect and Engineer as soon as possible prior to the start of construction. The Laboratory shall attend preconstruction conferences with the Architect, Engineer, Project TESTING LABORATORY SERVICES 05/30/17

23 Manager, General Contractor, and Material Suppliers as required to coordinate materials inspection and testing requirements with the planned construction schedule. The Laboratory will participate in such conferences throughout the course of the project. B. Outline Testing Program: The Testing Laboratory shall be responsible for outlining a written detailed testing program conforming to the requirements as specified in the Contract Documents and in consultation with the Owner, Contractor, Architect, and Engineer. The testing program shall contain an outline of inspections and tests to be performed with reference to applicable sections of the specifications or drawings and a list of personnel assigned to each portion of the work. Such testing program shall be submitted to the Owner, Contractor, Architect, and Engineer five weeks in advance of the start of construction so as not to delay the start of construction. It shall be the Testing Laboratory's responsibility that such program conforms to the requirements of the Specifications and drawings and falls within the budget for testing laboratory services. If the allocated budget is not sufficient to cover the services as outlined in the Specifications, it shall be the responsibility of the Laboratory to notify the Contractor, Architect, Engineer, and Owner so that the Laboratory services can be modified accordingly prior to the start of construction. Furthermore, the Testing Laboratory shall monitor its expenditures throughout the course of the job and notify immediately the Owner, Contractor, Architect, and Engineer, of any significant deviation from the planned testing program and budget. C. Cost Proposal: The Testing Laboratory's proposal to the Owner shall contain the outlined testing program based on a unit price basis for tests and inspections and on an hourly basis for personnel. A total estimated price shall also be submitted. D. Cooperation with Design Team: The Laboratory shall cooperate with the Architect, Engineer, and Contractor and provide qualified personnel promptly on notice. E. The Laboratory shall perform the required inspections, sampling, and testing of materials as specified under each section and observe methods of construction for compliance with the requirements of the Contract Documents. F. Inspections Required by Government Agencies: The Testing Laboratory shall perform all inspections and submit all reports and certifications as required by all government agencies. G. Notification of Deficiencies in the Work: The Laboratory shall notify the Architect, Engineer, and Contractor first by telephone and then in writing of observed irregularities and deficiencies of the work and other conditions not in compliance with the requirements of the Contract Documents. H. Reports: 1. Information on Reports: The Laboratory shall submit copies of all reports of inspections and tests promptly and directly to the parties named below. All reports shall contain at least the following information: TESTING LABORATORY SERVICES 05/30/17

24 a. Project Name b. Date report issued c. Testing Laboratory name and address d. Name and signature of inspector e. Date of inspection and sampling f. Date of test g. Identification of product and Specification section h. Location in the project i. Identification of inspection or test j. Record of weather conditions and temperature (if applicable) k. Results of test regarding compliance with Contract Documents. 2. Copies: The Laboratory shall send certified copies of test and inspection reports to the following parties: a. 2 copies to the Owner or his representative b. 2 copies to the General Contractor c. 1 copy to the Architect d. 1 copy to the Engineer of responsibility e. 1 copy to the Supplier of the material tested f. 1 copy to the Mechanical Engineer 3. Certification by Notary Public: I. Accounting: Upon completion of the job, the Testing Laboratory shall furnish to the Owner, Architect, and Engineer of responsibility, a statement certified by a Notary Public that all required tests and inspections were made in accordance with the requirements of the Contract Documents. The Testing Laboratory shall be responsible for separating and billing costs attributed to the Owner and cost attributed to the Contractor. J. Obtaining Product and Material Certifications: The Testing Laboratory shall be responsible for obtaining all product and material certifications from manufacturers and suppliers as specified in the Specifications. K. Limitations of Authority: The Testing Laboratory is not authorized to revoke, alter, relax, enlarge upon, or release any requirements of the Specifications or to approve or accept any portion of the work or to perform any duties of the General Contractor and his Subcontractors CONTRACTORS RESPONSIBILITY A. Cooperation with Design Team: The owner shall pay for all testing lab services. The Contractor shall cooperate with laboratory personnel, provide access to the work, and to manufacturers operations TESTING LABORATORY SERVICES 05/30/17

25 B. Furnishing Samples: The Contractor shall provide to the laboratory representative, samples of materials proposed for use in the work in quantities sufficient for accurate testing as specified. C. Furnishing Casual Labor, Equipment and Facilities: The Contractor shall furnish casual labor, equipment, and facilities as required for sampling and testing by the Laboratory and otherwise facilitate all required inspections and tests. D. Advance Notice: The Contractor shall be responsible for notifying the Testing Laboratory sufficiently in advance of operations to allow for assignment of personnel and scheduling of tests. E. Payment for Substitution Testing: The Contractor shall arrange with the Testing Laboratory and pay for any additional samples and tests above those required by the Contract Documents as requested by the Contractor for his convenience in performing the work. F. Payment for Retesting: The Contractor shall pay for any additional inspections, sampling, testing, and retesting as required when initial tests indicate work does not comply with the requirements of the Contract Documents. G. Payment by Contractor: The Contractor shall furnish and pay for the following items: 1. Soil survey of the locations of borrow soil materials, samples of existing soil materials, and delivery to the Testing Laboratory. 2. Concrete mix designs as prepared by his concrete supplier or by his Testing Laboratory. 3. Concrete coring, tests of below strength concrete, and load tests, if ordered by the Owner, Architect, or Engineer. 4. Certification of reinforcing steel mill order. 5. Certification of structural steel mill order. 6. Certification of Portland cement, lime, and flyash. 7. Certification of welders. 9. Tests, samples and mock-ups of substitute material where the substitution is requested by the Contractor and the tests are necessary in the opinion of the Owner, Architect, or Engineer to establish equality with specified items. 10. Any other tests when such cost are required by the Contract Documents to be paid by the Contractor TESTING LABORATORY SERVICES 05/30/17

26 H. Notification of Source Change: The Contractor shall be responsible for notifying the Owner, Architect, Engineer, and Testing Laboratory when the source of any material is changed after the original tests or inspections have been made. I. Tests for Suspected Deficient Work: If in the opinion of the Owner, Architect, or Engineer any of the work of the Contractor is not satisfactory, the Contractor shall make all tests that the Owner, Architect, or Engineer deem advisable to determine its proper construction. The owner shall pay all costs if the tests prove the questioned work to be satisfactory PAYMENT OF TESTING LABORATORY The Owner will pay for all Laboratory services for testing of materials for compliance with the requirements of the Contract Documents. The Contractor will pay for testing and retesting of materials that do not comply with the requirements of the Contract Documents and all other items as specified in these Specifications. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.01 SCOPE OF WORK The work to be performed by the Testing Laboratory shall be as specified in this Section of the Specification and the contract drawings, and as determined in meetings with the Contractor, Owner, Architect, and Engineer EARTHWORK A. Tests of Proposed Fill Material: The Testing Laboratory shall conduct a survey of the Contractor's proposed location of borrow soil materials and shall establish the suitability of any proposed fill material by determining the required engineering properties. Soil tests shall include soil classification by the Atterberg Limit Tests ASTM D4138, and grain size determined by ASTM D422 "Particle Size Analysis of Soils." B. Moisture Density Relationship for Natural and Fill Materials: The Testing Laboratory shall provide one optimum moisture density curve for each type of soil, natural, imported fill, or on-site fill, encountered in subgrade and fills under building slabs and paved areas. Curves shall be generated in accordance with ASTM D1557 "Test Methods for Moisture Density Relationships of Soils and Soil Aggregate Mixtures." C. Quality Control Testing Required During Construction: 1. Inspection of Subgrade and Fill: The Testing Laboratory shall inspect and approve the following subgrades and fill layers before further construction work is performed thereon: TESTING LABORATORY SERVICES 05/30/17

27 a. Paved Areas and Building Slab Subgrade: Make at least one field density test of the natural subgrade for every 2500 square feet of paved area or building slab but in no case less than three tests. In each compacted fill layer or lift, make one field density test for every 2500 square feet of building slab on paved area but in no case less than three tests. b. Foundation Wall Backfill: Make at least one field density test for each 200 lineal feet of wall with a minimum of 4 tests for each basement wall around the perimeter of the building and a minimum of one test for every other type of foundation wall on the site. Tests shall be at random locations and elevations for each wall. 2. Field Density Tests: Field Density Tests shall be run according to ASTM D1556 "Density of Soil in Place by the Sand Cone Method, "ASTM D2167 "Density of Soil in Place by the Rubber Balloon Method" or ASTM D2922 "Density of Soil and Soil Aggregate in Place by Nuclear Methods" or ASTM D698 "Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort" as applicable. 3. Acceptance Criteria: The result of field density tests by the Testing Laboratory will be considered satisfactory if the average of any three consecutive tests has a value not greater than 2 percent below the required density. 4. Report Copies: The Testing Laboratory shall submit all moisture density curves and results of field density tests to the parties specified earlier in this section. 5. Additional Testing: If reports by the Testing Laboratory indicate field densities lower than specified above, additional tests will be run by the Testing Laboratory with at least the frequencies scheduled above on recompacted fill and/or natural subgrade. The Testing Laboratory shall notify the Contractor on a timely basis for any required retesting so as not to delay the work. The costs of such tests shall be borne by the Contractor. E. Inspections by the Geotechnical Engineer: 3.03 REINFORCING STEEL The Geotechnical Engineer shall provide inspection service of the following items prior to pouring and placing foundation concrete. 1. Spread (Dug) Footing Subgrade 2. Mat Subgrade A. Visual Inspection: The Testing Laboratory shall inspect the rebar to determine the following: 1. The bars shall be free from injurious defects and shall have a workman-like finish TESTING LABORATORY SERVICES 05/30/17

28 2. Deformations shall be of the proper sizes, shapes, and spacing as detailed in ASTM A The bars shall not have excessive rust and/or pelting. 4. The bars shall not have any unusual twists or bends CONCRETE MATERIALS AND POURED IN PLACE CONCRETE A. Concrete Mix Designs: The Contractor shall submit for approval by the Engineer and Testing Laboratory at least 15 days prior to the start of construction, concrete mix designs for each class of concrete indicated on the structural drawings and in the Specifications. The Contractor shall not begin work until the applicable mix design has been approved. 1. The Contractor acting in conjunction with his Concrete Supplier and the Testing Laboratory shall submit in writing with his mix designs, whether the concrete is to be proportioned by either of the following methods as outlined in ACI 318: a. Field Experience Method b. Laboratory Trial Batch Method When field experience methods are used to select concrete proportions, establish proportions as specified in ACI 301 and ACI 211. When Laboratory trial batches are used to select concrete proportions, the procedure as outlined in ACI 318 shall be followed. Prepare test specimens in accordance with ASTM C192 and conduct strength tests in accordance with ASTM C Required types of concrete and compressive strengths shall be as indicated on the Structural Drawings and as specified in the various sections of the Specifications. 3. All mix designs shall state the following information: a. Mix design number or code designation by which the Contractor shall order the concrete from the Supplier b. Structural member for which the concrete is designed. c. Type of concrete whether normal weight or lightweight d. 28 day compressive strength e. Aggregate type, source, size, gradation, fineness modulus f. Cement type and brand g. Fly ash type and brand (if any) h. Admixtures including air entrainment, water reducers, accelerators, and retarders i. Slump j. Proportions of each material used k. Water cement ratio and maximum allowable water content l. Method by which the concrete is intended to be placed (bucket, chute, or pump) 4. Concrete Suppliers Record of Quality Control: The concrete supplier's past record of quality control shall be used in the design of the concrete mixes to determine the amount by which the average concrete strength fcr should exceed the specified strength f'c as outlined in ACI 318. If a suitable record of test results is not available, the average strength must exceed TESTING LABORATORY SERVICES 05/30/17