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2017-10-10 Meeting Minutes
Public Service Committee Meeting Commission Chamber - 10/10/2017 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Fennoy, Vice Chairman; Davis and M. Williams, members. Absent: Hon. Guilfoyle, Chairman. PUBLIC SERVICES 1. Request the Augusta Commission approve McCarthy Improvement Company Change Order #1 to the Airport Taxiway A Reconstruction and Extension Project as approved by the Augusta Aviation Commission at their September 28, 2017 meeting. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Marion Williams Commissioner Mary Davis Passes 2. Motion to approve the minutes of the Public Services Committee held on September 26, 2017. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Marion Williams Commissioner Mary Davis Passes 3. Approve amendments to the Augusta, Georgia Code, Title 7, Chapter 2, Article 1 Nuisances, Section 7-2-2 Nuisances Prohibited so as to clarify Item Action: www.augustaga.gov the responsibility of property owners with regard to occupied properties. (Referred from September 26 Public Services) Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner William Fennoy Passes 4. A motion to approve a contract with Reeves Young LLC for the construction of the Transit Bus Operations and Maintenance Facility for a fixed price of $14,375,000.00. (Bid Item 17-250) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Marion Williams Commissioner Mary Davis Passes Public Service Committee Meeting 10/10/2017 1:00 PM Attendance 10/10/17 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Page 2 of 5 AIP NO. 3-13-0011-038-039 CHANGE ORDER NO.1 AIRPORT Augusta Regional Airport LOCATION Augusta, GA JUSTIFICATION FOR CHANGE 1. Brief description of the proposed contract change(s) and location(s). Quantity Adjustments: There are several items included in the orginal bid that need to be adjusted in order to cover the true quantities shown on the construction plans to complete the approved project scope. These items include: X-105.12 Remove Pavement Markings o Enhanced hold markings removal at TW A1 X-209.2 Crushed Aggragate Base Course (12” Depth) o Taxiway A2 D-705.3 Underdrain Clean-out Type I o Scattered throughout project L-108.1 #8 AWG, 5kV Power Cable o Scattered throughout project L-110.1 1-way, 2-inch PVC, Direct Bury Type II Elecric Duct Bank o Scattered throughout project L-110.3 4-way, 4-inch PVC, Concrete Encased Type I Electrical Duct Bank o Scattered throughout project L-125.4 Replace (E ) Airfield Guidance Sign Panel o Scattered throughout project There is one item that is being removed from the project in its entirety. This item includes: P-401.1 Asphalt Surface Course o Taxiway A2 Extra Work/New Bid Item: There are several items that were erroneously not included in the original bid that will be necessary to complete the approved project scope. These items include: P-403.1 Asphalt Base Course (30% RAP under PCC Pavement) o Taxiway A2 D-751.6 Catch Basin, Type C o Located at various locations along Storm Line C D-751.7 Junction Box o Located approximately 160 ft from the end of Storm Line C Changes to Construction Plans: Sheets G-021 and Sheets G-041 – Survey Control. Revisions to the survey control table are required to provided updated control point information for the construction of the project. Sheets C-301 and C-302 – Typical Sections. Typical sections revised to clarify limits of P-306 Lean Concrete Base Course, P-209 Crushed Aggregate Base Course. This resolves a discrepancy between FAA Advisory Circular 150/5320-6F – Airport Pavement Design and Evaluation and the requirements of FAA Advisory Circular 150/5370- 10G Standards for Specifying Construction of Airports. Sheets C-321 – Concrete Jointing Plans. Concrete joint reinforcement patterns updated to meet the current FAA Advisory Circular 150/5320-6F – Airport Pavement Design and Evaluation that was published on 11/10/2016 after bidding of the project. Page 3 of 5 Sheets C-322 and C-324 Concrete Jointing Plans. Revised concrete joint patterns to provide a better end product based on the construction methods proposed by the contractor. Sheets C-081 and C-324 – Project Geometrics. Revised limits of concrete along Taxway A2 to streamline construction of the asphalt shoulders and taxiway lighting during limited working hours associated withnighttime closures of Runway 17/35. New Construction Specifications: Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling or Surface Course). This item is added to provide an asphalt base course under the Taxiway A2 concrete pavement. Item P-602 Bituminous Prime Coat. This item is added to provide a prime coat under the base course under the Taxiway A2 concrete pavement. Revised Construction Specifications Item P-306 Lean Concrete Base Course. The Aggregate Gradation for Lean Concrete table has been revised to allow the use of Gradation B. 2. Reason(s) for the change(s) (Continue on reverse if necessary) X-105.12 Remove Pavement Marking: The additional quantity is needed to remove the enhanced centerline and hold position signs that were not included in the original bid tabulation. Leaving the markings in place would cause them to be out of compliance once the new alignment of the centerline for Taxiway A1 implemented. This item is AIP eligible due to the reconfiguration of Taxiway A1. The unit price for this item is reasonable since it is based on the existing unit price for this item within Bid Alternate 2. The quantity of the item did not change substantially to justify renegotiation of the original unit price. P-209.2 Crushed Aggregate Base Course (12” Depth): The additional quantity is needed to correct an error in the original bid quantity. The original bid quantity was based on calculations of a 6” depth as opposed to the approved 12” depth required for the Taxiway A2 pavement section. The special pavement section for Taxiway A2 was necessary in order to construct Taxiway A2 within the runway safety area of Runway 17/35 during night closures. This item is AIP eligible as it is part of the Taxiway A2 pavement section. The unit price for this item is reasonable since it is based on the existing unit price for this item within Bid Alternate 3. The work associated with construction of this material does not substantially change so the unit price has not been renegotiated. D-705.3 Underdrain Clean-out Type I: The additional quantity is needed to correct an error in the original bid quantity. Constructing the underdrain system without these clean-outs could lead to problems with keeping the underdrain clear of debris which could cause water to be trapped under the pavement section and compromise its strength. This item is AIP eligible as part of the pavement system associated with Taxiway A. The unit price for this item is reasonable since it is based on the existing unit prices for this item. The quantity of the item did not change substantially to justify renegotiation of the original unit price. L-108.1 #8 AWG, 5 kV Power Cable; L-110.1 1-way, 2-inch PVC, Direct Bury Type II Elecric Duct Bank; L- 110.3 4-way, 4-inch PVC, Concrete Encased Type I Electrical Duct Bank and L-125.4 Replace (E ) Airfield Guidance Sign Panel: The additional quantities are needed to correct an error in the original bid quantity. New power cable and its protection is essential to the longevity of the new lighting system being installed with this project. This item is AIP eligible as part of taxiway lighting system associated with Taxiway A. The unit price for this item is reasonable since it is based on the existing unit prices for this item. The major cost component of these items are the materials themselves, therefore the increase in quantity does not have a signicant impact on the unit price. Page 4 of 5 P-403.1 Asphalt Base Course (30% RAP under PCC) and P-401.1 Asphalt Surface Course: These item is needed to complete the approved pavement section for Taxiway A2 (see attached 5100-1 form that was submitted with the Engineer’s Design Report). This pavement section will allow for Taxiway A2 to be constructed within the Runway 17/35 safety area during night closures allowing this runway, which is necessary for commercial service operations, to remain open during the hours of 06:30 to 22:30. This pavement layer was erroneously left out of the contract bid documents and is needed to provided for a stabilized base under the P-501. Eleminating this layer would require a modification to standards for the pavement section. This mix will also be used to replace the P-401.1 Asphalt Surface Course that was planned to be used on the shoulders of Taxiway A2. This allows for reduced risks of delays of reopening Runway 17/35 on a nightly bases. New specifications meeting the requirements of Advisor Circular 150/5370-10G – Standard for Specifying Construction of Airports were developed for Item P-602 Bituminus Prime Coat and Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling or Surface Course) have been developed and are attached to the Contract Change Order No. 1. These items are AIP eligible as part of the pavement system associated with Taxiway A. The unit price for this item has been evaluated against the original bid cost for P-401.1 for Bid Alternate 3 and is provides over a 25% reduction in unit cost. Given that the proposed cost includes the cost to develop a new pavement mix design and the construction of an additional test strip this cost is reasonable given the nature of the work being completed in small areas during night closures. New Bid Items associated with this change include: Item P-403.1 Asphalt Base Course (30% RAP under PCC) – per Ton Items eliminated from the project with this change include: Item P-401.1 Asphalt Surface Course – Bid Alternate 3 D-751.6 Catch Basin, Type C and D-751.7 Junction Box: These items are needed to complete the storm sewer system that is being reconstructed as a part of this project. These items were erroneously omitted from the contract bid documents and are needed for the completion of the new concrete box culvert that drains the infield areas between the Taxiway A extension and the existing ramp. These items provide for junctions and bends in the storm sewer and for collection of surface drainage into the system. These items were included in the project technical specfications with the original contract bid documents. These items are AIP eligible as part of the drainage system associated with Taxiway A. The unit price for this item has been evaluated against other projects in the area using similar material and has been determined to be reasonable given the nature of the work being completed in small areas during night closures. New Bid Items associated with this change includes: Item D-751.6 Catch Basin, Type C – per Each Item D-751.7 Junction Box – Per Each Sheets G-021 and Sheets G-041 – Survey Control. During design of this project the project coordinate system was revised to accommodate AGIS survey that was performed to determine runway end coordinates. The coordinates on the survey control sheet did not get updated when the project was moved to the new coordinate system. This error was discovered during the intial stages of project layout and corrected information was provided to the Contractor. Correcting this information on the plan sheets will safeguard against the errant control coordinates from being used during the remainder of the project. There is no cost to the project for this revision. Sheets C-301 and C-302 – Typical Sections. FAA Advisory Circular 150/5320-6F – Airport Pavement Design and Evaluation requires that a minimum of a one foot overbuild be constructed under P-501 Portland Cement Concrete pavement. However, FAA Advisory Circular 150/5370-10G Standards for Specifying Construction of Airports requires that the underlying surface layer under P-501 pavement be widened by three feet to support the paver without any noticeable displacement. Due to the thickness of the P-306 Lean Concrete Base Course it is necessary to widen the P-306 Lean Concrete Base Course from one foot as shown in the orginal construction plans to three feet to meet this objective. Not widening the P-306 layer would destabilize the paver during placement of the P-501 pavement and could jeapordize the smoothness of the final surface. Widening of the P-306 also requires that the P-209 Aggregate Base Course that lies beneath the P-306 material also be widened to support the P-306 base. Page 5 of 5 The anticipated increase in materials needed for this correction will fall within the 10% overrun of quantities as allowed by the contract documents. Therefore, no changes to the quantities for these items has been proposed as a part of this change order. The unit prices for increased quantities of P-306 and P-209 will be based on the existing unit prices. Sheets C-321 – Concrete Jointing Plans. FAA Advisory Circular 150/5320-6F – Airport Pavement Design and Evaluation that was published on 11/10/2016 after bidding of the project. One of the changes made with this publication was reinforcements of concrete joints where taxiways tie into runways. Additional reinforcement is now required in these areas. There is no cost to the project for this revision. Sheets C-322 and C-324 Concrete Jointing Plans. The Contractor has submitted their pavement layout plans for the project. In that submittal is was propsed to move the construction thickened edge joints (A joints) that separate Taxiway A from Taxiway A2 and Taxiway B by one panel to minimize the dowelled construction joints (E joints) for the project. This method will allow for fewer passes by the concrete paver which will result in a smoother top surface for the taxiways. The revised locations will not hinder the function of the joints. There is no cost to the project associated with these revisions. Sheets C-081 and C-324 – Project Geometrics. The limits of concrete along Taxway A2 have been revised to allow for the shoulders to maintain a constant width. By maintaining a constrant width for the shoulders the amount of hand work in this area will be minimized which will increase productivity and quality of asphalt construction in this area. This revision meets the requirements of FAA Advisory Circular 150/5320-6F – Airport Pavement Design and Evaluation. This change reduces the risks of not having night work completed during the eight hour windows provided to the Contractor for work within the Runway 17/35 safety area. This revision will reduce the cost of the project by reducing the concrete pavement section that was originally designed to extend out into the shoulders. New Construction Specifications: Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling or Surface Course). This item is added to provide an asphalt base course under the Taxiway A2 concrete pavement. The specification meets the requirements of FAA Advisory Circular 150/5370-10G Standards for Specifying Construction of Airports with the exception that the use of a material transfer vehicle is not required. This change was made due to the engineering judgement that the use of a material transfer vehicle within the confined work areas that will be required to construct the asphalt base course will be detrimental to the pavement structure. This base material will be placed in small runs that have been necessitated by the eight hour construction windows allotted the Contractor for construction withinthe Runway 17/35 safety area. Item P-602 Bituminous Prime Coat. This item is added to provide a prime coat under the base course under the Taxiway A2 concrete pavement as a requirement of Item P-403 above. The specification meets the requirements of FAA Advisory Circular 150/5370-10G Standards for Specifying Construction of Airports with the exception that the no specific payment will be made for this material. It will be incidental to the construction of Item P-403.1 Asphalt Base Course (30% RAP under PCC) Revised Construction Specifications Item P-306 Lean Concrete Base Course. The Aggregate Gradation for Lean Concrete table has been revised to allow the use of Gradation B. This will allow the use of high quality aggragate from a local quarry for this project. The specification meets the requirements of FAA Advisory Circular 150/5370-10G Standards for Specifying Construction of Airports. There is no cost to the project associated with this revision. Attachments: Item P-306 Lean Concrete Base Course Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling or Surface Course) Item P-602 Bituminous Prime Coat Sheets G-021, G-041, C-081, C-301, C-302, C-321, C-322, and C-324 FAA Form 5100-1 for Taxiway A2 from Engineer’s Design Report FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-1 ITEM P-306 LEAN CONCRETE BASE COURSE DESCRIPTION 306-1.1 This item shall consist of a subbase material, herein termed lean concrete, that is composed of aggregate and cement uniformly blended together and mixed with water. The mixture may also include approved cementitious additives, in the form of fly ash or slag, and chemical admixtures. The mixed material shall be spread, shaped, and consolidated using concrete paving equipment in accordance with these specifications and in conformity to the lines, grades, dimensions, and typical cross-sections shown on the plans. MATERIALS 306-2.1 Aggregate. The coarse aggregate fraction shall be crushed stone, crushed or uncrushed gravel, crushed and adequately seasoned, air-cooled, iron blast furnace slag, crushed recycled concrete, or a combination thereof. The fine aggregate fraction may be part of the natural aggregate blend as obtained from the borrow source or it may be natural sand that is added at the time of mixing. The aggregate shall consist of hard, durable particles, free from an excess of flat, elongated, soft, or disintegrated pieces, or objectionable matter such as roots, sod, weeds, organic impurities, etc. A flat particle is one having a ratio of width to thickness greater than five; an elongated particle is one having a ratio of length to width greater than five. The design aggregate blend shall conform to the gradation(s) shown in the table below, when tested in accordance with ASTM C136. The aggregates shall be within the limits for deleterious material contained in ASTM C33 Table 3 type 4S. Aggregates shall not contain any substance which may be deleteriously reactive with the alkalies in the cement, except as permitted in ASTM C33. Aggregate Gradation for Lean Concrete Sieve Size (square openings) Percentage by Weight Passing Sieves Gradation A Gradation B 2 inch (50 mm) 1-1/2 inch (38 mm) 1 inch (25 mm) 3/4 inch (19 mm) No. 4 (4.75 mm) No. 40 (425 µm) No. 200 (75 µm) -- 100 70 - 95 55 - 85 30 - 60 10 - 30 0 - 15 -- -- 100 70 - 100 35 - 65 15 - 30 0 - 15 306-2.2 Cement. Cement shall conform to the requirements of ASTM C150, Type I. 306-2.3 Cementitious additives. Pozzolanic and slag cement may be added to the lean concrete mix. If used, each material must meet the following requirements: a. Pozzolan. Pozzolanic materials must meet the requirements of ASTM C618, Class N, F, or C Fly Ash, except the loss on ignition shall be 6% for Class N and F. b. Ground granulated blast furnace slag (slag cement). Slag shall conform to ASTM C989, Grade 120. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-2 306-2.4 Chemical admixtures. The Contractor shall submit certificates indicating that the material to be furnished meets all the requirements listed below. In addition, the Engineer may require the Contractor to submit complete test data showing that the material to be furnished meets all the requirements of the cited specification. a. Air-entraining admixtures. Air-entraining admixtures shall meet the requirements of ASTM C260. b. Water-reducing admixtures. Water-reducing, set-controlling admixtures shall meet the requirements of ASTM C494, Type A, D, E, F, or G. Water-reducing admixtures shall be added at the mixer separately from air-entraining admixtures in accordance with the manufacturer’s printed instructions. The air entrainment agent and the water-reducing admixture shall be compatible. c. Retarding admixtures. Retarding admixtures shall meet the requirements of ASTM C494, Type B or D. d. Accelerating admixtures. Accelerating admixtures shall meet the requirements of ASTM C494, Type C. 306-2.5 Water. Water used in mixing or curing shall be potable, clean and free of oil, salt, acid, alkali, sugar, vegetable, or other deleterious substances injurious to the finished product. 306-2.6 Curing materials. For curing lean concrete, use white-pigmented, liquid membrane-forming compound conforming to ASTM C309, Type 2, Class B, or clear or translucent Type 1-D, Class B with white fugitive dye. COMPOSITION OF MIXTURE 306-3.1 Mix design. The lean concrete mix design shall be based on trial batch results conducted in the laboratory. The lean concrete shall be designed to meet the criteria in this section. 306-3.1.1 Compressive strength. Compressive strength shall not be less than 500 pounds per square inch (3,445 kPa) nor greater than 800 pounds per square inch (5,516 kPa) at seven (7) days. Three-day and seven-day strengths shall be taken as the average of two compressive strength test results. All compressive strength specimens shall be prepared and tested in accordance with ASTM C192 and ASTM C39, respectively. If the 3-day strength is greater than 500 pounds per square inch (3,447 kPa), the Contractor shall construct transverse joints in the lean concrete layer in accordance with paragraph 306-5.10.2. If there is a change in aggregate sources, type of cement used, or pozzolanic materials, a new mix design must be submitted. 306-3.1.2 Air content. The percentage of air entrainment shall be 6%, ±1/2%. Air content shall be determined by testing in accordance with ASTM C231 for gravel and stone coarse aggregate and ASTM C173 for slag and other highly porous coarse aggregate. 306-3.2 Submittals. At least 30 days prior to the placement of the lean concrete, the Contractor shall submit certified test reports to the Engineer for those materials proposed for use during construction, as well as the mix design information for the lean concrete material. Tests older than six (6) months shall not be used. The certification shall show the appropriate ASTM or AASHTO specifications or tests for the material, the name of the company performing the tests, the date of the tests, the test results, and a statement that the material did or did not comply with the applicable specifications. The submittal package shall include the following: a. Sources of materials, including aggregate, cement, admixtures, and curing and bond breaking materials. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-3 b. Physical properties of the aggregates, cement, admixtures, curing and bond breaking materials. c. Mix design: Mix identification number Weight of saturated surface-dry aggregates (fine and coarse) Combined aggregate gradation Cement factor Water content Water-cementitious material ratio (by weight) Volume of admixtures and yield for one cubic yard (cubic meter) of lean concrete d. Laboratory test results: Slump Air content Compressive strength at 3, 7, and 28 days (average values) Freeze-thaw weight loss (when applicable) In addition, where applicable, the Contractor shall submit for approval by the Engineer a jointing plan for transverse joints in the lean concrete layer. During production, the Contractor shall submit batch tickets for each delivered load. EQUIPMENT 306-4.1 All equipment necessary to mix, transport, place, compact, and finish the lean concrete material shall be furnished by the Contractor. The equipment shall be subject to inspection and approval by the Engineer. 306-4.2 Mixing. Lean concrete may be mixed in a stationary mixer (central batch plant or at the site), or in a truck mixer. The mixer type and capacity shall be inspected and approved by the Engineer before production begins. Each mixer shall have attached in a prominent place a manufacturer’s nameplate showing the capacity of the drum in terms of volume of mixed concrete and the speed of rotation of the mixing drum or blades. 306-4.2.1 Stationary plant mixer. The batch plant and equipment shall conform to the requirements of ASTM C94. The Engineer shall have unrestricted access to the plant at all times for inspection of the plant’s equipment and operation and for sampling the lean concrete mixture and its components. The mixers shall be examined daily for changes in condition due to accumulation of hard concrete or mortar or wear of blades. 306-4.2.2 Truck mixers. Truck mixers used for mixing lean concrete shall conform to the requirements of ASTM C94. Lean concrete may be entirely mixed in a truck mixer or partially mixed in a stationary mixer with mixing completed in a truck mixer. Truck mixers shall be equipped with an accurate continuous registering electronically or mechanically activated revolution counter, to verify the number of drum revolutions. 306-4.3 Hauling. Mixed lean concrete shall be hauled from the stationary plant to the job site in a truck agitator, a truck mixer operating at agitating speed, or a non-agitating truck. All equipment shall conform to the requirements of ASTM C94. When truck mixers are used to mix lean concrete, they may be transported to the job site in the same truck operating at agitating speeds, truck agitators, or a non-agitating FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-4 truck. The bodies of non-agitating trucks shall be smooth, metal containers and shall be capable of discharging the concrete at a controlled rate without segregation. 306-4.4 Placing and finishing. 306-4.4.1 Forms. Straight side forms shall be made of steel and shall be furnished in sections not less than 10 feet (3 m) in length. Forms shall have a depth equal to the pavement thickness at the edge. Flexible or curved forms of proper radius shall be used for curves of 100 feet (30 m) radius or less. Forms shall be provided with adequate devices for secure settings so that when in place they will withstand, without visible spring or settlement, the impact and vibration of the consolidating and finishing equipment. Forms with battered top surfaces and bent, twisted or broken forms shall not be used. Built-up forms shall not be used, except as approved by the Engineer. The top face of the form shall not vary from a true plane more than 1/8 inch (3 mm) in 10 feet (3 m), and the upstanding leg shall not vary more than 1/4 inch (6 mm). The forms shall contain provisions for locking the ends of abutting sections together tightly for secure setting. Wood forms may be used under special conditions, when accepted by the Engineer. 306-4.4.2 Fixed form or slip-form pavers. Lean concrete can be placed using fixed form or slip-form pavers. The paver shall be fully energized, self-propelled and capable of spreading, consolidating, and finishing the lean concrete material, true to grade, tolerances, and cross-sections. The paver shall be capable of finishing the surface so that hand finishing is not required. The paver shall be of sufficient weight and power to construct the maximum specified concrete paving lane width, at adequate forward speed, without transverse, longitudinal or vertical instability or without displacement. The slip-form paver shall be equipped with electronic or hydraulic horizontal and vertical control devises using guide wires or stringlines on both sides of the machine. Slope control will not be allowed. a. Concrete pavers. Concrete pavers are approved as paver-finishing machines for lean concrete, providing they are capable of handling the amount of lean concrete required for the full-lane width specified, and consolidating the lean concrete full depth. A concrete paver is a power-driven machine with augers, strike-off and tamper bars ahead of a pan screed, with at least one trailing oscillating screed or belt finisher. b. Bridge deck pavers. Bridge deck pavers are approved as paver-finishing machines for lean concrete, providing they are capable of handling the amount of lean concrete required for the full-lane width specified, and consolidating the lean concrete full depth. A bridge deck paver is an automatic truss paving machine, with paving carriage that strikes off, vibrates, paves, and textures the lean concrete with augers, internal vibration, paving rollers, and drag pan. 306-4.5 Consolidation. For side-form construction, vibrators may be either the surface pan type for pavements less than 8 inches (200 mm) thick or the internal type with either immersed tube or multiple spuds for the full width of the slab. They may be attached to the spreader or the finishing machine, or they may be mounted on a separate carriage. They shall not come in contact with the joint, subgrade, or side forms. For slip-form construction, the paver shall vibrate the lean concrete for the full width and depth of the strip of pavement being placed. Vibration shall be accomplished by internal vibrators. The number, spacing, frequency, and eccentric weights of vibrators shall be provided to achieve acceptable consolidation without segregation and finishing quality. Adequate power to operate all vibrators at the weight and frequency required for a satisfactory finish shall be available on the paver. The internal vibrators may be supplemented by vibrating screeds operating on the surface of the lean concrete. The Contractor shall constantly monitor the frequency of each of the individual vibrators and shall provide constant monitoring of the consolidation process to avoid honeycombing or segregation. Areas that are visually determined to be honeycombed or segregated shall be corrected at the Contractor’s expense. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-5 The vibrators and tamping elements shall be automatically controlled so that they stop operation as forward motion ceases. Any override switch shall be of the spring-loaded, momentary-contact type. Hand held vibrators may be used in irregular areas. 306-4.6 Jointing. The Contractor shall provide sawing equipment adequate in number of units and power to produce contraction or construction joints of the required dimensions as shown on the plans. The Contractor shall provide at least one standby saw in good working order and a supply of saw blades at the site of the work at all times during sawing operations. CONSTRUCTION METHODS 306-5.1 Weather limitations. 306-5.1.1 Cold weather. Unless authorized by the Engineer, the temperature of the mixed lean concrete shall not be less than 50°F (10°C) at the time of placement. In addition, the lean concrete shall not be placed when the ambient temperature is below 40°F (4°C) or when conditions indicate that the temperature may fall below 35°F (2°C) within 24 hours. Under no circumstances shall the lean concrete be placed on frozen underlying courses or mixed when the aggregate is frozen. When mixing and placing is authorized during cold weather, the Engineer may require the water and/or the aggregates to be heated to not less than 70°F (21°C) nor more than 150°F (66°C). The aggregates may be heated by either steam or dry heat prior to being placed in the mixer. The apparatus used shall heat the mass uniformly and shall be arranged to preclude the possible occurrence of overheated areas which might be detrimental to the materials. The Contractor shall adhere to the practices recommended in American Concrete Institute (ACI) 306R, Guide to Cold Weather Concreting. 306-5.1.2 Hot weather. To prevent rapid drying of newly constructed lean concrete, the lean concrete temperature from initial mixing through final cure shall not exceed 90°F (32°C). The aggregates and/or mixing water shall be cooled as necessary to maintain the lean concrete temperature at or not more than the specified maximum. Ice or ice water may be substituted for the mixing water for this purpose. The Contractor shall adhere to the practices recommended in ACI 305R. In addition, during periods of warm weather when the maximum daily air temperature exceeds 85°F (30°C), the forms and/or the underlying material shall be sprinkled with water immediately before placing the lean concrete. 306-5.1.3 Rain. All mixing and batching operations should be halted during rain showers and any plastic lean concrete placed should be covered immediately. The lean concrete shall be kept covered with plastic sheeting or other waterproof material until such time that the rain does not make any surface indentation on the lean concrete layer. Areas damaged by rain shall be refinished or replaced. 306-5.2 Form setting. Forms shall be set sufficiently in advance of the lean concrete placement to ensure continuous paving operation. After the forms have been set to correct grade, the grade shall be thoroughly tamped, either mechanically or by hand, at both the inside and outside edges of the base of the forms. Forms shall be staked into place with not less than three (3) pins for each 10 feet (3 m) section. A pin shall be placed at each side of every joint. Form sections shall be tightly locked and shall be free from play or movement in any direction. The forms shall not deviate from true line by more than 1/4 inch (6 mm) at any joint. Forms shall be so set that they will withstand, without visible spring or settlement, the impact and vibration of the consolidating and finishing equipment. Forms shall be cleaned and oiled prior to the placing of lean concrete. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-6 The alignment and grade elevations of the forms shall be checked and corrections made by the Contractor immediately before placing the lean concrete. When any form has been disturbed or any grade has become unstable, the form shall be reset and rechecked. 306-5.3 Preparation of underlying course. The underlying course shall be checked by the Engineer before placing and spreading operations are started, to ensure it is free of any ruts, depressions, or bumps and is finished to the correct grade. Any ruts or soft yielding places in the underlying course shall be corrected at the Contractor’s expense before the lean concrete mixture is placed. The underlying course should be wetted down in advance of placing the lean concrete to ensure a firm, moist condition at the time of lean concrete placement. The underlying course shall be protected from frost. Usage of chemicals to eliminate frost is not permissible. 306-5.4 Grade control. Grade control between the edges of the pavement shall be accomplished at intervals of 50 feet (15 m) or less on the longitudinal grade and at 25 feet (7.5 m) or less on the transverse grade. To protect the underlying course and ensure proper drainage, the lean concrete paving shall begin along the centerline of the pavement on a crowned section or on the greatest contour elevation of a pavement with variable cross slope. 306-5.5 Handling, measuring, and batching material. The batch plant site, layout, equipment, and provisions for transporting material shall assure a continuous supply of material to the work. Stockpiles shall be constructed in a manner that prevents segregation and intermixing of deleterious materials. Aggregates that have become segregated or mixed with earth or foreign material shall not be used. All aggregates produced or handled by hydraulic methods, and washed aggregates, shall be stockpiled or binned for draining at least 12 hours before being batched. Rail shipments requiring more than 12 hours transit will be accepted as adequate binning if the car bodies permit free drainage. Batching plants shall be equipped to proportion aggregates and bulk cement, by weight, automatically using approved interlocked proportioning devises. When bulk cement is used, the Contractor shall use a suitable method such as a chute, boot or other device approved by the Engineer to handle the cement between the weighing hopper and the transporting container or into the batch itself for transportation to the mixer, to prevent loss of cement. The device shall provide positive assurance that each batch has the specified cement content. 306-5.6 Mixing. All lean concrete shall be mixed and delivered to the site per the requirements of ASTM C94. The mixing time should be adequate to produce lean concrete that is uniform in appearance, with all ingredients evenly distributed. Mixing time shall be measured from the time all materials are emptied into the drum (provided all the water is added before one-fourth the preset mixing time has elapsed) and continues until the time the discharge chute is opened to deliver the lean concrete. If mixing in a plant, the mixing time shall not be less than 50 or greater than 90 seconds. If mixing in a truck, the mixing time shall not be less than 70 or more than 125 truck-drum revolutions at a mixing speed of not less than six (6) or more than 18 truck-drum revolutions per minute. Re-tempering lean concrete by adding water or by other means will not be permitted, except when lean concrete is delivered in truck mixers. With truck mixers, additional water may be added to the batch materials and additional mixing performed to allow proper placement of the material, provided (a) the addition of water is performed within 45 minutes after the initial mixing operations and (b) the slump and water/cementitious ratio specified in the mix design is not exceeded. 306-5.7 Hauling. The elapsed time from the addition of cementitious material to the mix until the lean concrete is deposited in place at the work site shall not exceed 45 minutes when the concrete is hauled in nonagitating trucks, or 90 minutes when it is hauled in truck mixers or truck agitators. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-7 306-5.8 Placing, consolidating, and finishing. Prior to placement of the lean concrete layer, the prepared underlying course shall be moistened with water, without saturating, to prevent rapid loss of moisture from the lean concrete. In cold weather, the underlying course shall be protected so that it will be entirely free of frost when lean concrete is placed. The Contractor has the option of side- form or slip-form paving. Either option shall require the hauled lean concrete material to be discharged onto the prepared underlying course such that segregation of the mix is minimized and minimum handling of the mix is needed. The lean concrete shall be placed continuously at a uniform rate without unscheduled stops except for equipment failure or other emergencies. Avoid contamination of plastic lean concrete with foreign material on construction equipment, workman’s footwear, or any other sources. Lean concrete shall not be mixed, placed, or finished when the natural light is insufficient, unless an adequate artificial lighting system is provided. 306-5.8.1 Side-form construction. For side-form placement, the Contractor shall verify the elevations of the fixed forms so the thickness and finished grade of the lean concrete layer will be in accordance with the requirements of the project plans and specifications. The lean concrete shall be spread uniformly between the forms immediately after it is placed using a spreading machine. Necessary hand spreading shall be done with shovels. Rakes shall not be allowed for spreading lean concrete. The spreading shall be followed immediately by thorough consolidation using vibrating screeds or spud vibrators. Vibrators may be external or internal type, depending on the thickness of the lean concrete layer. The surface vibrators may be attached to the spreader or they may be mounted on a separate carriage. They shall not come in contact with the joint, subgrade, or side forms. When spud vibrators are used, the lean concrete shall be thoroughly consolidated against and along the faces of all forms and previously placed lean concrete. Vibrators shall not be permitted to come in contact with a joint assembly, the grade, or a side form. In no case shall the vibrator be operated longer than 20 seconds in any one location, nor shall the vibrators be used to move the lean concrete. Hand finishing will not be permitted except in areas where the mechanical finisher cannot operate. 306-5.8.2 Slip-form construction. For slip-form construction, the Contractor shall verify the elevations of the guide wires controlling slip-form pavers such that the thickness and finished grade of the lean concrete will be in accordance with the requirements of the project plans and specifications. The slip-form paver should spread, consolidate, and shape the freshly placed lean concrete in one complete pass of the machine. The machine shall vibrate and finish the lean concrete for the full width and depth of the layer. 306-5.9 Final finishing. Final finishing shall be accomplished while the lean concrete is still in the plastic state. Limited surface refinishing by hand is acceptable to meet the grade and surface tolerance established in paragraphs 306-6.2.3 and 306-6.2.4, after strike off and consolidation. If the overlying layer is to be PCC pavement, the surface of the lean concrete shall not be textured. If the overlying layer is to be HMA pavement, and if the bond between the HMA layer and the lean concrete is considered important for pavement performance, tining or scarifying the surface to provide a coarse texture may be permitted. 306-5.10 Joints. Joints shall be constructed as shown on the plans. 306-5.10.1 Construction joints. Locate all longitudinal and transverse construction joints as shown on the plans. If longitudinal joints are not shown, locate longitudinal joints within 6 inches (150 mm) from planned joints in the PCC to be placed over the lean concrete. 306-5.10.2 Contraction joints. If required by paragraph 306-3.1.1 or if shown on the plans, transverse contraction joints shall be constructed by sawing the hardened lean concrete to a depth of at least one-third the thickness of the lean concrete base. These joints shall match within 3 inches (75 mm) the planned joints of the overlying concrete surface. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-8 306-5.10.3 Concrete saws. When sawing of joints are specified, the Contractor shall provide sawing equipment adequate in number of units and power to complete the sawing to the required dimensions and at the required rate. The Contractor shall provide at least one standby saw in good working order. An ample supply of saw blades shall be maintained at the site of the work at all times during sawing operations. The Contractor shall provide adequate artificial lighting facilities for night sawing. All equipment shall be on the job at all times during lean concrete placement. 306-5.11 Curing. Immediately after the finishing operations are complete and within two (2) hours of placement of the lean concrete, the entire surface and edges of the newly placed lean concrete shall be sprayed uniformly with white pigmented, liquid membrane forming curing compound. The layer should be kept moist using a moisture-retaining cover or a light application of water until the curing material is applied. The curing compound shall not be applied during rainfall. The curing material shall be applied at a maximum rate of 200 square feet per gallon (5.0 m2/l) using pressurized mechanical sprayers. The spraying equipment shall be a fully atomizing type equipped with a tank agitator. At the time of use, the curing compound in the tank shall be thoroughly and uniformly mixed with the pigment. During application the curing compound shall be continuously stirred by mechanical means. Hand spraying of odd widths or shapes and lean concrete surfaces exposed by the removal of forms is permitted. If the film of curing material becomes damaged from any cause, including sawing operations, within the required 7-day curing period or until the overlying course is constructed, the damaged portions shall be repaired immediately with additional compound or other approved means as quickly as practical. Edges of the lean concrete layer shall be sprayed with curing compound immediately following placement with slip-form pavers or when side-forms are removed. 306-5.11.1 Curing in cold weather. The lean concrete shall be maintained at a temperature of at least 50°F (10°C) during curing. Cover lean concrete and provide with a source of heat sufficient to maintain 50°F (10°C) minimum while curing. The Contractor shall adhere to the practices recommended in ACI 306R. The Contractor shall be responsible for the quality and strength of the lean concrete placed during cold weather, and any lean concrete injured by frost action shall be removed and replaced at the Contractor’s expense. 306-5.11.2 Curing in hot weather. Lean concrete temperature from initial mixing through final cure shall not exceed 90°F (32C). Shade the fresh lean concrete and start curing as soon as the surface is sufficiently hard to permit curing without damage. The Contractor shall adhere to the practices recommended in ACI 305R. 306-5.12 Protection. The Contractor shall protect the lean concrete from injurious action by sun, rain, flowing water, frost, or mechanical injury. Protect lean concrete surfaces from foot and vehicular traffic and other sources of abrasion for a minimum of 72 hours. The Engineer shall decide when the pavement shall be opened to traffic. Traffic shall not be allowed on the pavement until test specimens made per ASTM C31 have attained a compressive strength of 350 psi (2,413 kPa) when tested per ASTM C39. The Contractor shall maintain continuity of applied curing method for the entire curing period. 306-5.13 Bond-breaker. When the lean concrete is placed directly beneath PCC pavement, a bond-breaker shall be used. The entire surface of the lean concrete shall be coated with a de-bonding compound applied in a sufficient quantity to prevent bonding between the PCC pavement and the lean concrete. The Contractor shall be responsible for selecting the de-bonding compound and determining the appropriate application rate. This application shall be made at least eight (8) hours and not more than 24 hours before placement of the PCC pavement. If an impervious membrane is used as a bond breaker, a second application of curing materials is required and shall be placed no more than 24 hours prior to placement of the PCC pavement. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-9 After application of the bond-breaker coat, traffic will be limited to that required for placement of the PCC pavement. MATERIAL ACCEPTANCE 306-6.1 Acceptance sampling and testing. All acceptance sampling and testing, with the exception of coring for thickness determination, necessary to determine conformance with the requirements specified in this section will be performed by the Engineer. The Contractor shall provide the required lean concrete samples during construction for acceptance testing purposes. The samples shall be taken in the presence of the Engineer. The lean concrete layer shall be tested for air content, strength, thickness, grade, and surface tolerance. Sampling and testing for air shall be as specified in paragraph 306-6.1.1. Sampling and testing for strength, thickness, grade, and surface tolerance shall be on a lot basis, with a lot consisting of either: (1) one day’s production not to exceed 2,000 square yards (1700 sq m), or (2) a half day’s production, where a day’s production is expected to consist of between 2,000 and 4,000 square yards (1675 and 3350 m2). Each lot will be divided into four equal sublots. In the event that only three sublots are produced, the three sublots shall constitute a complete lot. If only one or two sublots are produced, they shall be incorporated into the next lot, and the total number of sublots shall be used in the acceptance plan calculation. End-of-production sublots (sublots associated with the final placement of lean concrete for the project which are less than a complete lot) shall be handled as (1) three sublots shall constitute a lot, or (2) one or sublots shall be incorporated into the previous lot. 306-6.1.1 Air content testing. Air content tests shall be performed on the first three truckloads of lean concrete produced at the start of operations each day and the first three truckloads produced after any scheduled or non-scheduled shutdown. Additional tests shall be performed each time a sample is taken for a strength test and when requested by the Engineer. Air content tests shall be made in accordance with ASTM C231. Air content test results shall be between 4% and 8%. If the first test on a truckload of lean concrete is not within the specification limits, a second test on the same truckload shall be made. If the second test is within the specification limits, the lean concrete will be accepted with respect to entrained air content. If the second test is not within the specification limits, the truckload shall be rejected. 306-6.1.2 Compressive strength testing. One sample of freshly delivered lean concrete shall be taken from each sublot for compressive strength testing. The lean concrete shall be sampled in accordance with ASTM C172. Sampling locations shall be determined per ASTM D3665. At least two test cylinders shall be made from each sample per ASTM C31. The 7-day compressive strength of each cylinder shall be determined per ASTM C39. The Contractor shall provide adequate facilities for the initial curing of cylinders. During the 24 hours after molding, the temperature immediately adjacent to the specimens must be maintained in the range of 60 to 80°F (16 to 27°C), and loss of moisture from the specimens must be prevented. The specimens may be stored in tightly constructed wooden boxes, damp sand pits, temporary buildings at construction sites, under wet burlap in favorable weather or in heavyweight closed plastic bags, or use other suitable methods, provided the temperature and moisture loss requirements are met. The compressive strength for each sublot shall be computed by averaging the 7-day compressive strengths of the two test cylinders representing that sublot. The compressive strength of the lot shall be the average compressive strength of the individual sublots comprising the lot. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-10 Specimens that are noticeably defective shall not be considered in the determination of the strength. If the test specimens fail to conform to the requirements for strength, the Engineer shall request changes in the lean concrete mixture to increase the strength to meet the requirements. If the maximum 7-day compressive strength values exceed the maximum strength requirements when evaluated in accordance with paragraph 306-6-2.1, the Contractor shall propose a jointing plan for approval by the Engineer. 306-6.1.3 Thickness testing. After the lean concrete base has cured for three (3) days, one 4-inch (100 mm) diameter core per sublot shall be obtained per ASTM D3665. The thickness of each sampled core shall be determined using the caliper measurement procedures per ASTM C174. The average thickness for the lot shall be determined using the individual sublot core thicknesses. Acceptance criteria for lean concrete thickness are provided in paragraph 306-6.2.2. When such measurement is deficient more than 1/2 inch (12 mm) and not more than 1 inch (25 mm) from the plan thickness, two additional cores shall be taken at random and used in determining the average thickness for that lot. The thickness of the cores shall be determined by average caliper measurement of cores tested in accordance with ASTM C174. At all locations where cores have been drilled, the resulting holes shall be filled with lean concrete or non- shrink grout material, as approved by the Engineer. 306-6.1.4 Grade testing. The elevations of the finished lean concrete shall be surveyed on both sides of the lean concrete lane, every 25 feet (7.5 m). 306-6.1.5 Surface tolerance testing. After the lean concrete has hardened sufficiently, it shall be tested for surface tolerance with a 12 feet (3.7 m) straightedge provided by the Contractor. 306-6.2 Acceptance criteria. Acceptance of lean concrete will be based on compressive strength, thickness, grade, and surface tolerance, as described in the paragraphs below. 306-6.2.1 Compressive strength requirements. The lean concrete shall meet all of the following compressive strength requirements on a lot basis: The compressive strength of the lot, tested at seven (7) days, shall be greater than 500 pounds per square inch (3,445 kPa). When a given lot of lean concrete fails to meet the minimum compressive strength requirements, the entire lot shall be replaced at the Contractor’s expense. Not more than 20% of the individual cylinders in a given lot, tested at seven (7) days, shall have a compressive strength greater than 800 pounds per square inch (5,512 kPa). When greater than 20% of the individual cylinders in a given lot have 7-day compressive strengths in excess of 800 pounds per square inch (5,512 kPa), and transverse joints have not been constructed, a bond-breaker shall be used. 306-6.2.2 Thickness requirements. The completed thickness shall be as shown on the plans. When the average lot thickness is not deficient by more than 1/2 inch (12 mm) from the plan thickness, full payment shall be made. If the lot average thickness is deficient by more than one inch (25 mm), it shall be removed and replaced at the Contractor’s expense. When such measurement is deficient more than 1/2 inch (12 mm) and not more than one inch (25 mm) from the plan thickness, one additional core shall be taken at random from each sublot within the lot. The thickness of these additional cores shall be determined as indicated in paragraph 304-6.1.2. A new lot average thickness shall be recomputed based on these additional cores and the original cores taken from each sublot. When the recomputed average lot thickness is not deficient by more than 1/2 inch (12 mm) from the plan thickness, full payment shall be made. If the average lot thickness is deficient by more than 1/2 inch (12 mm) from the plan thickness, the entire lot shall be removed and replaced at the Contractor’s expense or shall be permitted to remain in place at an adjusted payment of 75% of the contract unit price. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-11 When the measured thickness is more than that indicated on the plans, it will be considered as conforming to the requirements, provided the surface of the completed lean concrete layer is within the established grade and surface tolerance requirements. 306-6.2.3 Grade requirements. When the completed surface is more than 1/2 inch (12 mm) above the grade shown in the plans, the surface shall be trimmed at the Contractor’s expense using an approved grinding machine to an elevation that falls within a tolerance of 1/4 inch (6 mm). 306-6.2.4 Surface tolerance requirements. Surface deviations shall not exceed 3/8 inch (9 mm) from a 12-foot (3.7-m) straightedge laid in any location parallel with or at right angles to the longitudinal axis of the centerline (includes along all edges of the paving lane). Any high spots of more than 3/8 inch (9 mm) in 12-foot (3.7-m) shall be marked and immediately trimmed with an approved grinding machine. If the overlying layer is PCC pavement, the ground surface shall be sprayed with a double application of the curing compound at the specified rate prior to paving. METHOD OF MEASUREMENT 306-7.1 The quantity of lean concrete will be determined by the number of square yard (m2) of lean concrete actually constructed and accepted by the Engineer as complying with the plans and specifications. BASIS OF PAYMENT 306-8.1 The accepted quantities of lean concrete will be paid for at the contract unit price per square yard (m2) for lean concrete base. The price and payment shall be full compensation for furnishing and placing all materials, provided; however, for any pavement found deficient in thickness as specified in paragraph 306-6.2.2, the reduced unit price shall be paid. Item P-306-8.1 Payment will be made for lean concrete base course - per square yard TESTING REQUIREMENTS ASTM C31 Standard Practice for Making and Curing Concrete Test Specimens in the Field ASTM C39 Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens ASTM C136 Standard Test Method for Sieve or Screen Analysis of Fine and Coarse Aggregates ASTM C172 Standard Practice for Sampling Freshly Mixed Concrete ASTM C173 Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method ASTM C174 Standard Test Method for Measuring Thickness of Concrete Elements Using Drilled Concrete Cores ASTM C192 Standard Practice for Making and Curing Concrete Test Specimens in the Laboratory ASTM C231 Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method ASTM C1260 Standard Test Method for Potential Alkali Reactivity of Aggregates (Mortar-Bar Method) FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification #1 Augusta Regional Airport, Augusta, Georgia Item P-306 Lean Concrete Base Course AIP No. 3-13-0011-038-2015 & 3-13-0011-039-2016 August 31, 2017 P-306-12 ASTM C1567 Standard Test Method for Determining the Potential Alkali-Silica Reactivity of Combinations of Cementitious Materials and Aggregates (Accelerated Mortar-Bar Method) AASHTO T136 Standard Method of Test for Freezing-and-Thawing Tests of Compacted Soil- Cement Mixtures ASTM D3665 Standard Practice for Random Sampling of Construction Materials MATERIAL REQUIREMENTS ACI 305R Guide to Hot Weather Concreting ACI 306R Guide to Cold Weather Concreting ASTM C33 Standard Specification for Concrete Aggregates ASTM C94 Standard Specification for Ready-Mixed Concrete ASTM C150 Standard Specification for Portland Cement ASTM C260 Standard Specification for Air-Entraining Admixtures for Concrete ASTM C309 Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete ASTM C494 Standard Specification for Chemical Admixtures for Concrete ASTM C595 Standard Specification for Blended Hydraulic Cements ASTM C618 Specification for Coal Fly Ash and Raw and Calcined Natural Pozzolans for Use in Concrete ASTM C989 Standard Specification for Slag Cement for Use in Concrete and Mortars END OF ITEM P-306 FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-1 ITEM P-403 HOT MIX ASPHALT (HMA) PAVEMENTS (BASE, LEVELING OR SURFACE COURSE) DESCRIPTION 403-1.1 This item shall consist of a base course composed of mineral aggregate and asphalt cement binder (asphalt binder) mixed in a central mixing plant and placed on a prepared course in accordance with these specifications and shall conform to the lines, grades, thicknesses, and typical cross-sections shown on the plans. Each course shall be constructed to the depth, typical section, and elevation required by the plans and shall be rolled, finished, and approved before the placement of the next course. MATERIALS 403-2.1 Aggregate. Aggregates shall consist of crushed stone, crushed gravel crushed slag, screenings, natural sand and mineral filler, as required. The aggregates should be free of ferrous sulfides, such as pyrite, that would cause “rust” staining that can bleed through pavement markings. The portion retained on the No. 4 (4.75 mm) sieve is coarse aggregate. The portion passing the No. 4 (4.75 mm) sieve and retained on the No. 200 (0.075 mm) sieve is fine aggregate, and the portion passing the No. 200 (0.075 mm) sieve is mineral filler. a. Coarse aggregate. Coarse aggregate shall consist of sound, tough, durable particles, free from films of matter that would prevent thorough coating and bonding with the bituminous material and free from organic matter and other deleterious substances. The percentage of wear shall not be greater than 50% percent when tested in accordance with ASTM C131. The sodium sulfate soundness loss shall not exceed 12%, or the magnesium sulfate soundness loss shall not exceed 18%, after five cycles, when tested in accordance with ASTM C88. Clay Lumps and friable particles shall not exceed 1.0% when tested in accordance with ASTM C142. Aggregate shall contain at least 75% percent by weight of individual pieces having two or more fractured faces and 85% percent by weight having at least one fractured face. The area of each face shall be equal to at least 75% of the smallest midsectional area of the piece. When two fractured faces are contiguous, the angle between the planes of fractures shall be at least 30 degrees to count as two fractured faces. Fractured faces shall be achieved by crushing. The aggregate shall not contain more than a total of 8%, by weight, of flat particles, elongated particles, and flat and elongated particles, when tested in accordance with ASTM D4791 with a value of 5:1. Slag shall be air-cooled, blast furnace slag, and shall have a compacted weight of not less than 70 pounds per cubic foot (1.12 mg/cubic meter) when tested in accordance with ASTM C29. b. Fine aggregate. Fine aggregate shall consist of clean, sound, tough, durable, angular shaped particles produced by crushing stone, slag, or gravel that meets the requirements for wear and soundness specified for coarse aggregate. The aggregate particles shall be free from coatings of clay, silt, or other objectionable matter. The fine aggregate, including any blended material for the fine aggregate, shall have a plasticity index of not more than six (6) and a liquid limit of not more than 25 when tested in accordance with ASTM D4318. The soundness loss shall not exceed 10% when sodium sulfate is used or 15% when magnesium sulfate is used, after five cycles, when tested per ASTM C88. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-2 Clay lumps and friable particles shall not exceed 1.0 percent, by weight, when tested in accordance with ASTM C142. Natural (non-manufactured) sand may be used to obtain the gradation of the aggregate blend or to improve the workability of the mix. The amount of sand to be added will be adjusted to produce mixtures conforming to requirements of this specification. The fine aggregate shall not contain more than 15% natural sand by weight of total aggregates. If used, the natural sand shall meet the requirements of ASTM D1073 and shall have a plasticity index of not more than six (6) and a liquid limit of not more than 25 when tested in accordance with ASTM D4318. The aggregate shall have sand equivalent values of 45 or greater when tested in accordance with ASTM D2419. c. Sampling. ASTM D75 shall be used in sampling coarse and fine aggregate, and ASTM C183 shall be used in sampling mineral filler. 403-2.2 Mineral filler. If filler, in addition to that naturally present in the aggregate, is necessary, it shall meet the requirements of ASTM D242. 403-2.3 Asphalt cement binder. Asphalt cement binder shall conform to ASTM D6373 Performance Grade (PG) 64-22. A certificate of compliance from the manufacturer shall be included with the mix design submittal. The supplier’s certified test report with test data indicating grade certification for the asphalt binder shall be provided to the Engineer for each load at the time of delivery to the mix plant. A certified test report with test data indicating grade certification for the asphalt binder shall also be provided to the Engineer for any modification of the asphalt binder after delivery to the mix plant and before use in the HMA. 403-2.4 Preliminary material acceptance. Prior to delivery of materials to the job site, the Contractor shall submit certified test reports to the Engineer for the following materials: a. Coarse aggregate: (1) Percent of wear (2) Soundness (3) Clay lumps and friable particles (4) Percent fractured faces (5) Flat and elongated particles (6) Lightweight pieces b. Fine aggregate: (1) Liquid limit and Plasticity index (2) Soundness (3) Clay lumps and friable particles (4) Percent natural sand (5) Sand equivalent (6) Fine aggregate angularity c. Mineral filler. d. Asphalt binder. Test results for asphalt binder shall include temperature/viscosity charts for mixing and compaction temperatures. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-3 The certifications shall show the appropriate ASTM tests for each material, the test results, and a statement that the material meets the specification requirement. The Engineer may request samples for testing, prior to and during production, to verify the quality of the materials and to ensure conformance with the applicable specifications. 403-2.5 Anti-stripping agent. Any anti-stripping agent or additive if required shall be heat stable, shall not change the asphalt cement viscosity beyond specifications, shall contain no harmful ingredients, shall be added in recommended proportion by approved method, and shall be a material approved by the Department of Transportation of the State in which the project is located. COMPOSITION 403-3.1 Composition of mixture. The HMA plant mix shall be composed of a mixture of well-graded aggregate, filler and anti-strip agent if required, and asphalt binder. The several aggregate fractions shall be sized, handled in separate size groups, and combined in such proportions that the resulting mixture meets the grading requirements of the job mix formula (JMF). 403-3.2 Job mix formula. No hot-mixed asphalt (HMA) for payment shall be produced until a JMF has been approved in writing by the Engineer. The asphalt mix design and JMF shall be prepared by an accredited laboratory that meets the requirements of paragraph 403-3.4. The HMA shall be designed using procedures contained in Asphalt Institute MS-2 Mix Design Manual, 7th Edition. ASTM D6926 shall be used for preparation of specimens using the manually held and operated hammer for the mix design procedure. ASTM D6927 shall be used for testing for Marshall stability and flow. If material variability exceeds the standard deviations indicated, the JMF and subsequent production targets shall be based on a stability greater than shown in Table 1 and the flow shall be targeted close to the mid- range of the criteria in order to meet the acceptance requirements. Tensile Strength Ratio (TSR) of the composite mixture, as determined by ASTM D4867, shall not be less than 75 when tested at a saturation of 70-80% or an anti-stripping agent shall be added to the HMA, as necessary, to produce a TSR of not less than 75 when tested at a saturation of 70-80%. If an anti-strip agent is required, it shall be provided by the Contractor at no additional cost to the Owner. The JMF shall be submitted in writing by the Contractor at least 5 days prior to the start of paving operations. The JMF shall be developed within the same construction season using aggregates currently being produced. The submitted JMF shall be stamped or sealed by the responsible professional Engineer of the laboratory and shall include the following items as a minimum: a. Percent passing each sieve size for total combined gradation, individual gradation of all aggregate stockpiles and percent by weight of each stockpile used in the JMF. b. Percent of asphalt cement. c. Asphalt performance, grade, and type of modifier if used. d. Number of blows per side of molded specimen. e. Laboratory mixing temperature. f. Laboratory compaction temperature. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-4 g. Temperature-viscosity relationship of the PG asphalt cement binder showing acceptable range of mixing and compaction temperatures and for modified binders include supplier recommended mixing and compaction temperatures. h. Plot of the combined gradation on the 0.45 power gradation curve. i. Graphical plots of stability, flow, air voids, voids in the mineral aggregate, and unit weight versus asphalt content. j. Specific gravity and absorption of each aggregate. k. Percent natural sand. l. Percent fractured faces. m. Percent by weight of flat particles, elongated particles, and flat and elongated particles (and criteria). n. Tensile Strength Ratio (TSR). o. Anti-strip agent (if required). p. Date the JMF was developed. Mix designs that are not dated or which are from a prior construction season shall not be accepted. q. Percentage and properties (asphalt content, binder properties, and aggregate properties) of reclaimed asphalt pavement (RAP) in accordance with paragraph Reclaimed Hot-Mix Asphalt, if RAP is used. The Contractor shall submit to the Engineer the results of verification testing of three (3) asphalt samples prepared at the optimum asphalt content. The average of the results of this testing shall indicate conformance with the JMF requirements specified in Tables 1 and 3. When the project requires asphalt mixtures of differing aggregate gradations, a separate JMF and the results of JMF verification testing shall be submitted for each mix. The JMF for each mixture shall be in effect until a modification is approved in writing by the Engineer. Should a change in sources of materials be made, a new JMF must be submitted within 15 days and approved by the Engineer in writing before the new material is used. After the initial production JMF has been approved by the Engineer and a new or modified JMF is required for whatever reason, the subsequent cost of the Engineer’s approval of the new or modified JMF will be borne by the Contractor. There will be no time extension given or considerations for extra costs associated with the stoppage of production paving or restart of production paving due to the time needed for the Engineer to approve the initial, new or modified JMF. The Marshall Design Criteria applicable to the project shall be as specified in Table 1. Table 1. Marshall Design Criteria Test Property Value Number of blows 75 Stability, pounds (Newtons) minimum 1800 (8006) Flow, 0.01 inch (0.25 mm) 8-16 Air voids (percent) 3.5 Percent voids in mineral aggregate, minimum See Table 2. 1The flow requirement is not applicable for Polymer Modified Asphalts. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-5 Table 2. Minimum Percent Voids In Mineral Aggregate (VMA) Aggregate (See Table 3) Minimum VMA Gradation 1 14 The mineral aggregate shall be of such size that the percentage composition by weight, as determined by laboratory sieves, will conform to the gradation or gradations specified in Table 3 when tested in accordance with ASTM C136 and ASTM C117. The gradations in Table 3 represent the limits that shall determine the suitability of aggregate for use from the sources of supply, be well graded from coarse to fine and shall not vary from the low limit on one sieve to the high limit on the adjacent sieve, or vice versa. Table 3. Aggregate - HMA Pavements – Gradation 1 Sieve Size Percentage by Weight Passing Sieve 1 inch (25 mm) 100 3/4 inch (19 mm) 76-98 1/2 inch (12 mm) 66-86 3/8 inch (9 mm) 57-77 No. 4 (4.75 mm) 40-60 No. 8 (2.36 mm) 26-46 No. 16 (1.18 mm) 17-37 No. 30 (0.60 mm) 11-27 No. 50 (0.30 mm) 7-19 No. 100 (0.15 mm) 6-16 No. 200 (0.075 mm) 3-6 Asphalt Percent: Stone or gravel 4.5-7.0 Slag 5.0-7.5 The aggregate gradations shown are based on aggregates of uniform specific gravity. The percentages passing the various sieves shall be corrected when aggregates of varying specific gravities are used, as indicated in the Asphalt Institute MS-2 Mix Design Manual, 7th Edition. 403-3.3 Reclaimed asphalt concrete (RAP). Reclaimed HMA shall consist of reclaimed asphalt pavement (RAP), coarse aggregate, fine aggregate, mineral filler, and asphalt cement. Recycled asphalt shingles (RAS) shall not be allowed. The RAP shall be of a consistent gradation and asphalt content and properties. When RAP is fed into the plant, the maximum RAP chunk size shall not exceed 1-1/2 inches (38 mm). The reclaimed asphalt concrete mix shall be designed using procedures contained in the Asphalt FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-6 Institute MS-2 Mix Design Manual, 7th Edition. The percentage of asphalt in the RAP shall be established for the mixture design according to ASTM D2172 using the appropriate dust correction procedure. The JMF shall meet the requirements of Paragraph 403-3.2 RAP should only be used for shoulder surface course mixes and for any intermediate courses. The use of RAP containing Coal Tar shall not be allowed. Coal Tar surface treatments must be removed prior to recycling underlying asphalt material. The amount of RAP shall be limited to 30 percent. In addition to the requirements of paragraph 403-3.2, the JMF shall indicate the percent of reclaimed asphalt pavement and the percent and grade of new asphalt binder. For the PG graded asphalt binder selected in 403-2.3, adjust as follows: a. For 0-20% RAP, there is no change in virgin binder content. b. For >20 to 30% RAP, select binder one grade softer, i.e., PG 64-22 would soften to PG 58-28. 403-3.4 Job mix formula (JMF) laboratory. The Contractor’s laboratory used to develop the JMF shall be accredited in accordance with ASTM D3666. The laboratory accreditation must be current and listed on the accrediting authority’s website. All test methods required for developing the JMF must be listed on the lab accreditation. A copy of the laboratory’s current accreditation and accredited test methods shall be submitted to the Engineer prior to start of construction. 403-3.5 Test section. Prior to full production, the Contractor shall prepare and place a quantity of HMA according to the JMF. The amount of HMA shall be sufficient to construct a test section 100’ long and 20’ wide, placed in two lanes, with a longitudinal cold joint, and shall be of the same depth specified for the construction of the course which it represents. A cold joint for this test section is an exposed construction joint at least four (4) hours old or whose mat has cooled to less than 160°F (71ºC). The cold joint must be cut back using the same procedure that will be used during production in accordance with 403-4.12. The underlying grade or pavement structure upon which the test section is to be constructed shall be the same as the remainder of the course represented by the test section. The equipment used in construction of the test section shall be the same type and weight to be used on the remainder of the course represented by the test section. The test section shall be evaluated for acceptance as a single lot in accordance with the acceptance criteria in paragraph 403-5.1 and 403-5.2. The test section shall be divided into equal sublots. As a minimum the test section shall consist of three (3) sublots. The test section shall be considered acceptable if the average mat density of the test section cores is greater than or equal to 96% and the average joint density of the test section cores is greater than or equal to 94%. If the initial test section should prove to be unacceptable, the necessary adjustments to the JMF, plant operation, placing procedures, and/or rolling procedures shall be made. A second test section shall then be placed. If the second test section also does not meet specification requirements, both sections shall be removed at the Contractor’s expense. Additional test sections, as required, shall be constructed and evaluated for conformance to the specifications. Any additional sections that are not acceptable shall be removed at the Contractor’s expense. Full production shall not begin until an acceptable test section has been constructed and accepted in writing by the Engineer. Once an acceptable test section has been placed, payment for the initial test section and the section that meets specification requirements shall be made in accordance with paragraph 403-8.1. Job mix control testing shall be performed by the Contractor at the start of plant production and in conjunction with the calibration of the plant for the JMF. If the aggregates produced by the plant do not satisfy the gradation requirements or produce a mix that meets the JMF, it will be necessary to reevaluate FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-7 and redesign the mix using plant-produced aggregates. Specimens shall be prepared and the optimum asphalt content determined in the same manner as for the original JMF tests. Contractor will not be allowed to place the test section until the Contractor Quality Control Program, showing conformance with the requirements of paragraph 403-6.1, has been approved, in writing, by the Engineer. CONSTRUCTION METHODS 403-4.1 Weather limitations. The HMA shall not be placed upon a wet surface or when the surface temperature of the underlying course is less than specified in Table 4. The temperature requirements may be waived by the Engineer, if requested; however, all other requirements including compaction shall be met. Table 4. Surface Temperature Limitations of Underlying Course Mat Thickness Base Temperature (Minimum) Degrees F Degrees C 3 inches (7.5 cm) or greater 40 4 Greater than 2 inches (50 mm) but less than 3 inches (7.5 cm) 45 7 403-4.2 HMA plant. Plants used for the preparation of HMA shall conform to the requirements of American Association of State Highway and Transportation Officials (AASHTO) M156 with the following changes: a. Requirements for all plants include: (1) Truck scales. The HMA shall be weighed on approved scales furnished by the Contractor, or on certified public scales at the Contractor’s expense. Scales shall be inspected and sealed as often as the Engineer deems necessary to assure their accuracy. Scales shall conform to the requirements of the General Provisions, subsection 90-01. In lieu of scales, and as approved by the Engineer, HMA weights may be determined by the use of an electronic weighing system equipped with an automatic printer that weighs the total HMA production and as often thereafter as requested by the Engineer. (2) Testing facilities. The Contractor shall ensure laboratory facilities are provided at the plant for the use of the Engineer. The lab shall have sufficient space and equipment so that both testing representatives (Engineer’s and Contractor’s) can operate efficiently. The lab shall meet the requirements of ASTM D3666 including all necessary equipment, materials, and current reference standards to comply with the specifications and masonry saw with diamond blade for trimming pavement cores and samples. The plant testing laboratory shall have a floor space area of not less than 200 square feet (18.5 sq m), with a ceiling height of not less than 7-1/2 feet (2 m). The laboratory shall be weather tight, sufficiently heated in cold weather, air-conditioned in hot weather to maintain temperatures for testing purposes of 70°F ±5°F (21°C ±2.3°C). The plant testing laboratory shall be located on the plant site to provide an unobstructed view, from one of its windows, of the trucks being loaded with the plant mix materials. In addition, the facility shall include the minimum: (a) Adequate artificial lighting. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-8 (b) Electrical outlets sufficient in number and capacity for operating the required testing equipment and drying samples. (c) A minimum of two (2) Underwriter’s Laboratories approved fire extinguishers of the appropriate types and class. (d) Work benches for testing. (e) Desk with chairs and file cabinet. (f) Sanitary facilities convenient to testing laboratory. (g) Exhaust fan to outside air. (h) Sink with running water. Failure to provide the specified facilities shall be sufficient cause for disapproving HMA plant operations. Laboratory facilities shall be kept clean, and all equipment shall be maintained in proper working condition. The Engineer shall be permitted unrestricted access to inspect the Contractor’s laboratory facility and witness quality control activities. The Engineer will advise the Contractor in writing of any noted deficiencies concerning the laboratory facility, equipment, supplies, or testing personnel and procedures. When the deficiencies are serious enough to be adversely affecting the test results, the incorporation of the materials into the work shall be suspended immediately and will not be permitted to resume until the deficiencies are satisfactorily corrected. (3) Inspection of plant. The Engineer, or Engineer’s authorized representative, shall have access, at all times, to all areas of the plant for checking adequacy of equipment; inspecting operation of the plant: verifying weights, proportions, and material properties; and checking the temperatures maintained in the preparation of the mixtures. (4) Storage bins and surge bins. The HMA stored in storage and surge bins shall meet the same requirements as HMA loaded directly into trucks and may be permitted under the following conditions: (a) Stored in non-insulated bins for a period of time not to exceed three (3) hours. (b) Stored in insulated storage bins for a period of time not to exceed eight (8) hours. If the Engineer determines that there is an excessive amount of heat loss, segregation or oxidation of the HMA due to temporary storage, no temporary storage will be allowed. 403-4.3 Hauling equipment. Trucks used for hauling HMA shall have tight, clean, and smooth metal beds. To prevent the HMA from sticking to the truck beds, the truck beds shall be lightly coated with a minimum amount of paraffin oil, lime solution, or other material approved by the Engineer. Petroleum products shall not be used for coating truck beds. Each truck shall have a suitable cover to protect the mixture from adverse weather. When necessary, to ensure that the mixture will be delivered to the site at the specified temperature, truck beds shall be insulated or heated and covers shall be securely fastened. 403-4.3.1 Material transfer vehicle (MTV). A material transfer vehicle is not required. 403-4.4 HMA pavers. HMA pavers shall be self-propelled with an activated heated screed, capable of spreading and finishing courses of HMA that will meet the specified thickness, smoothness, and grade. The paver shall have sufficient power to propel itself and the hauling equipment without adversely affecting the finished surface. The paver shall have a receiving hopper of sufficient capacity to permit a uniform spreading operation. The hopper shall be equipped with a distribution system to place the HMA uniformly in front of the screed without segregation. The screed shall effectively produce a finished surface of the required evenness and texture without tearing, shoving, or gouging the mixture. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-9 If, during construction, it is found that the spreading and finishing equipment in use leaves tracks or indented areas, or produces other blemishes in the pavement that are not satisfactorily corrected by the scheduled operations, the use of such equipment shall be discontinued and satisfactory equipment shall be provided by the Contractor. 403-4.4.1 Automatic grade control. The HMA paver shall be equipped with a control system capable of automatically maintaining the specified screed elevation. The control system shall be automatically actuated from either a reference line and/or through a system of mechanical sensors or sensor-directed mechanisms or devices that will maintain the paver screed at a predetermined transverse slope and at the proper elevation to obtain the required surface. The transverse slope controller shall be capable of maintaining the screed at the desired slope within ±0.1%. The controls shall be capable of working in conjunction with any of the following attachments: a. Ski-type device of not less than 30 feet (9 m) in length b. Taut stringline (wire) set to grade c. Short ski or shoe d. Laser control 403-4.5 Rollers. Rollers of the vibratory, steel wheel, and pneumatic-tired type shall be used. They shall be in good condition, capable of operating at slow speeds to avoid displacement of the HMA. The number, type, and weight of rollers shall be sufficient to compact the HMA to the required density while it is still in a workable condition. All rollers shall be specifically designed and suitable for compacting hot mix bituminous concrete and shall be properly used. Rollers that impair the stability of any layer of a pavement structure or underlying soils shall not be used. Depressions in pavement surfaces caused by rollers shall be repaired by the Contractor at their own expense. The use of equipment that causes crushing of the aggregate will not be permitted. 403-4.5.1 Density device. The Contractor shall have on site a density gauge during all paving operations in order to assist in the determination of the optimum rolling pattern, type of roller and frequencies, as well as to monitor the effect of the rolling operations during production paving. The Contractor shall also supply a qualified technician during all paving operations to calibrate the density gauge and obtain accurate density readings for all new HMA. These densities shall be supplied to the Engineer upon request at any time during construction. No separate payment will be made for supplying the density gauge and technician. 403-4.6 Preparation of asphalt binder. The asphalt binder shall be heated in a manner that will avoid local overheating and provide a continuous supply of the bituminous material to the mixer at a uniform temperature. The temperature of the unmodified asphalt binder delivered to the mixer shall be sufficient to provide a suitable viscosity for adequate coating of the aggregate particles, but shall not exceed 325°F (160°C) when added to the aggregate. The temperature of modified asphalt binder shall be no more than 350°F (175°C) when added to the aggregate. 403-4.7 Preparation of mineral aggregate. The aggregate for the HMA shall be heated and dried. The maximum temperature and rate of heating shall be such that no damage occurs to the aggregates. The temperature of the aggregate and mineral filler shall not exceed 350°F (175°C) when the asphalt binder is added. Particular care shall be taken that aggregates high in calcium or magnesium content are not damaged by overheating. The temperature shall not be lower than is required to obtain complete coating and uniform distribution on the aggregate particles and to provide a mixture of satisfactory workability. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-10 403-4.8 Preparation of HMA. The aggregates and the asphalt binder shall be weighed or metered and introduced into the mixer in the amount specified by the JMF. The combined materials shall be mixed until the aggregate obtains a uniform coating of asphalt binder and is thoroughly distributed throughout the mixture. Wet mixing time shall be the shortest time that will produce a satisfactory mixture, but not less than 25 seconds for batch plants. The wet mixing time for all plants shall be established by the Contractor, based on the procedure for determining the percentage of coated particles described in ASTM D2489, for each individual plant and for each type of aggregate used. The wet mixing time will be set to achieve 95% of coated particles. For continuous mix plants, the minimum mixing time shall be determined by dividing the weight of its contents at operating level by the weight of the mixture delivered per second by the mixer. The moisture content of all HMA upon discharge shall not exceed 0.5%. 403-4.9 Preparation of the underlying surface. Immediately before placing the HMA, the underlying course shall be cleaned of all dust and debris. A prime coat shall be applied in accordance with Item P-602 if shown on the plans. 403-4.10 Laydown plan, transporting, placing, and finishing. Prior to the placement of the HMA, the Contractor shall prepare a laydown plan for approval by the Engineer. This is to minimize the number of cold joints in the pavement. The laydown plan shall include the sequence of paving laydown by stations, width of lanes, temporary ramp locations, and laydown temperature. The laydown plan shall also include estimated time of completion for each portion of the work (that is, milling, paving, rolling, cooling, etc.). Modifications to the laydown plan shall be approved by the Engineer. The HMA shall be transported from the mixing plant to the site in vehicles conforming to the requirements of paragraph 403-4.3. Deliveries shall be scheduled so that placing and compacting of HMA is uniform with minimum stopping and starting of the paver. Hauling over freshly placed material shall not be permitted until the material has been compacted, as specified, and allowed to cool to atmospheric temperature. The alignment and elevation of the paver shall be regulated from outside reference lines established for this purpose for the first lift of all runway and taxiway pavements. Successive lifts of HMA surface course may be placed using a ski, or laser control per paragraph 403-4.4.1, provided grades of the first lift of bituminous surface course meet the tolerances of paragraphs 403-5.2b(5) as verified by a survey. Contractor shall survey each lift of HMA surface course and certify to Engineer that every lot of each lift meets the grade tolerances of paragraph 403-5.2b(5) before the next lift can be placed. The initial placement and compaction of the HMA shall occur at a temperature suitable for obtaining density, surface smoothness, and other specified requirements but not less than 250°F (121°C). Edges of existing HMA pavement abutting the new work shall be saw cut and carefully removed as shown on the drawings and coated with asphalt tack coat before new material is placed against it. Upon arrival, the mixture shall be placed to the full width by a bituminous paver. It shall be struck off in a uniform layer of such depth that, when the work is completed, it shall have the required thickness and conform to the grade and contour indicated. The speed of the paver shall be regulated to eliminate pulling and tearing of the HMA mat. Unless otherwise permitted, placement of the HMA shall begin along the centerline of a crowned section or on the high side of areas with a one-way slope. The HMA shall be placed in consecutive adjacent strips having a minimum width of 10 feet (m) except where edge lanes require less width to complete the area. Additional screed sections shall not be attached to widen paver to meet the minimum lane width requirements specified above unless additional auger sections are added to match. The longitudinal joint in one course shall offset the longitudinal joint in the course immediately below by at least one foot (30 cm); however, the joint in the surface top course shall be at the centerline of crowned FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-11 pavements. Transverse joints in one course shall be offset by at least 10 feet (3 m) from transverse joints in the previous course. Transverse joints in adjacent lanes shall be offset a minimum of 10 feet (3 m). On areas where irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impractical, the HMA may be spread and luted by hand tools. Areas of segregation in the course, as determined by the Engineer, shall be removed and replaced at the Contractor’s expense. The area shall be removed by saw cutting and milling a minimum of 2 inches (50 mm) deep. The area to be removed and replaced shall be a minimum width of the paver and a minimum of 10 feet (3 m) long. 403-4.11 Compaction of HMA. After placing, the HMA shall be thoroughly and uniformly compacted by power rollers. The surface shall be compacted as soon as possible when the mixture has attained sufficient stability so that the rolling does not cause undue displacement, cracking or shoving. The sequence of rolling operations and the type of rollers used shall be at the discretion of the Contractor. The speed of the roller shall, at all times, be sufficiently slow to avoid displacement of the hot mixture and be effective in compaction. Any displacement occurring as a result of reversing the direction of the roller, or from any other cause, shall be corrected at once. Sufficient rollers shall be furnished to handle the output of the plant. Rolling shall continue until the surface is of uniform texture, true to grade and cross-section, and the required field density is obtained. To prevent adhesion of the mixture to the roller, the wheels shall be equipped with a scraper and kept properly moistened using a water soluble asphalt release agent approved by the Engineer. In areas not accessible to the roller, the mixture shall be thoroughly compacted with approved power driven tampers. Tampers shall weigh not less than 275 pounds (125 kg), have a tamping plate width not less than 15 inches (38 cm), be rated at not less than 4,200 vibrations per minute, and be suitably equipped with a standard tamping plate wetting device. Any HMA that becomes loose and broken, mixed with dirt, contains check-cracking, or in any way defective shall be removed and replaced with fresh hot mixture and immediately compacted to conform to the surrounding area. This work shall be done at the Contractor’s expense. Skin patching shall not be allowed. 403-4.12 Joints. The formation of all joints shall be made in such a manner as to ensure a continuous bond between the courses and obtain the required density. All joints shall have the same texture as other sections of the course and meet the requirements for smoothness and grade. The roller shall not pass over the unprotected end of the freshly laid HMA except when necessary to form a transverse joint. When necessary to form a transverse joint, it shall be made by means of placing a bulkhead or by tapering the course. The tapered edge shall be cut back to its full depth and width on a straight line to expose a vertical face prior to placing the adjacent lane. In both methods, all contact surfaces shall be coated with an asphalt tack coat before placing any fresh HMA against the joint. Longitudinal joints which are have been left exposed for more than four (4) hours; the surface temperature has cooled to less than 175°F (80°C); or are irregular, damaged, uncompacted or otherwise defective shall be cut back 3 inches (75 mm) to 6 inches (150 mm) to expose a clean, sound, uniform vertical surface for the full depth of the course. All cutback material shall be removed from the project. A asphalt tack coat or other product approved by the Engineer shall be applied to the clean, dry joint prior to placing any additional fresh HMA against the joint. Any laitance produced from cutting joints shall be removed by vacuuming and washing. The cost of this work shall be considered incidental to the cost of the HMA. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-12 403-4.13 Diamond grinding. When required, diamond grinding shall be accomplished by sawing with saw blades impregnated with industrial diamond abrasive. The saw blades shall be assembled in a cutting head mounted on a machine designed specifically for diamond grinding that will produce the required texture and smoothness level without damage to the pavement. The saw blades shall be 1/8-inch (3-mm) wide and there shall be a minimum of 55 to 60 blades per 12 inches (300 mm) of cutting head width; the actual number of blades will be determined by the Contractor and depend on the hardness of the aggregate. Each machine shall be capable of cutting a path at least 3 feet (0.9 m) wide. Equipment that causes ravels, aggregate fractures, spalls or disturbance to the pavement will not be permitted. The depth of grinding shall not exceed 1/2 inch (13mm) and all areas in which diamond grinding has been performed will be subject to the final pavement thickness tolerances specified. Grinding will be tapered in all directions to provide smooth transitions to areas not requiring grinding. Areas that have been ground will be sealed with a P-608 surface treatment as directed by the Engineer. It may be necessary to seal a larger area to avoid surface treatment creating any conflict with runway or taxiway markings. 403-4.14 Nighttime Paving Requirements. Paving during nighttime construction shall require the following: a. All paving machines, rollers, distribution trucks and other vehicles required by the Contractor for his operations shall be equipped with artificial illumination sufficient to safely complete the work. b. Minimum illumination level shall be 20 horizontal foot-candles and maintained in the following areas: (1) An area of 30 feet (9 m) wide by 30 feet (9 m) long immediately behind the paving machines during the operations of the machines. (2) An area 15 feet (4.5 m) wide by 30 feet (9 m) long immediately in front and back of all rolling equipment, during operation of the equipment. (3) An area 15 feet (4.5 m) wide by 15 feet (4.5 m) long at any point where an area is being tack coated prior to the placement of pavement. c. As partial fulfillment of the above requirements, the Contractor shall furnish and use, complete artificial lighting units with a minimum capacity of 3,000 watt electric beam lights, affixed to all equipment in such a way to direct illumination on the area under construction. d. A lighting plan must be submitted by the Contractor and approved by the Engineer prior to the start of any nighttime work. e. If the Contractor places any out of specification mix in the project work area, the Contractor is required to remove it at its own expense, to the satisfaction of the Engineer. If the Contractor has to continue placing non-payment HMA, as directed by the Engineer, to make the surfaces safe for aircraft operations, the Contractor shall do so to the satisfaction of the Engineer. It is the Contractor’s responsibility to leave the facilities to be paved in a safe condition ready for aircraft operations. No consideration for extended closure time of the area being paved will be given. As a first order of work for the next paving shift, the Contractor shall remove all out of specification material and replace with approved material to the satisfaction of the Engineer. When the above situations occur, there will be no consideration given for additional construction time or payment for extra costs. MATERIAL ACCEPTANCE 403-5.1 Acceptance sampling and testing. Unless otherwise specified, all acceptance sampling and testing necessary to determine conformance with the requirements specified in this section will be performed by FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-13 the Engineer at no cost to the Contractor except that coring as required in this section shall be completed and paid for by the Contractor. Testing organizations performing these tests shall be accredited in accordance with ASTM D3666. The laboratory accreditation must be current and listed on the accrediting authority’s website. All test methods required for acceptance sampling and testing must be listed on the lab accreditation. A copy of the laboratory’s current accreditation and accredited test methods shall be submitted to the Engineer prior to start of construction. All equipment in Contractor furnished laboratories shall be calibrated by an independent testing organization prior to the start of operations. a. Hot mixed asphalt. Plant-produced HMA shall be tested for air voids and stability and flow on a lot basis. Sampling shall be from material deposited into trucks at the plant or from trucks at the job site. Samples shall be taken in accordance with ASTM D979. A standard lot shall be equal to one day’s production or 2000 tons (1814 metric tons) whichever is smaller. If the day’s production is expected to exceed 2000 tons (1814 metric tons), but less than 4000 tons (3628 metric tons), the lot size shall be 1/2 day’s production. If the day’s production exceeds 4000 tons (3628 metric tons), the lot size shall be an equal sized fraction of the day’s production, but shall not exceed 2000 tons (1814 metric tons). Where more than one plant is simultaneously producing HMA for the job, the lot sizes shall apply separately for each plant. (1) Sampling. Each lot will consist of four equal sublots. Sufficient HMA for preparation of test specimens for all testing will be sampled by the Engineer on a random basis, in accordance with the procedures contained in ASTM D3665. Samples will be taken in accordance with ASTM D979. The sample of HMA may be put in a covered metal tin and placed in an oven for not less than 30 minutes nor more than 60 minutes to stabilize to compaction temperature. The compaction temperature of the specimens shall be as specified in the JMF. (2) Testing. Sample specimens shall be tested for stability and flow in accordance with ASTM D6927. Air voids will be determined by the Engineer in accordance with ASTM D3203. One set of laboratory compacted specimens will be prepared for each sublot in accordance with ASTM D6926 at the number of blows required by paragraph 403-3.2, Table 1. Each set of laboratory compacted specimens will consist of three test specimens prepared from the same sample. The manual hammer in ASTM D6926 shall be used. Prior to testing, the bulk specific gravity of each test specimen shall be measured by the Engineer in accordance with ASTM D2726 using the procedure for laboratory-prepared thoroughly dry specimens for use in computing air voids and pavement density. For air voids determination, the theoretical maximum specific gravity of the mixture shall be measured one time for each sublot in accordance with ASTM D2041. The value used in the air voids computation for each sublot shall be based on theoretical maximum specific gravity measurement for the sublot. The stability and flow for each sublot shall be computed by averaging the results of all test specimens representing that sublot. (3) Acceptance. Acceptance of plant produced HMA for stability, flow, and air voids shall be determined by the Engineer in accordance with the requirements of paragraph 403-5.1. b. In-place HMA. HMA placed in the field shall be tested for mat and joint density on a lot basis. A standard lot shall be equal to one day’s production or 2000 tons (1814 metric tons) whichever is smaller. If the day’s production is expected to exceed 2000 tons (1814 metric tons), but less than 4000 tons (3628 FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-14 metric tons), the lot size shall be 1/2 day’s production. If the day’s production exceeds 4000 tons (3628 metric tons), the lot size shall be an equal sized fraction of the day’s production, but shall not exceed 2000 tons (1814 metric tons). (1) Mat density. The lot size shall be the same as that indicated in paragraph 403-5.1a The lot shall be divided into four equal sublots. One core of finished, compacted HMA shall be taken by the Contractor from each sublot. Core locations will be determined by the Engineer on a random basis in accordance with procedures contained in ASTM D3665. Cores for mat density shall not be taken closer than one foot (30 cm) from a transverse or longitudinal joint. (2) Joint density. The lot size shall be the total length of longitudinal joints constructed by a lot of HMA as defined in paragraph 403-5.1a. The lot shall be divided into four equal sublots. One core of finished, compacted HMA shall be taken by the Contractor from each sublot. Core locations will be determined by the Engineer on a random basis in accordance with procedures contained in ASTM D3665. All cores for joint density shall be taken centered on the joint. The minimum core diameter for joint density determination shall be 5 inches (125 mm). (3) Sampling. Samples shall be neatly cut with a diamond core drill bit. Samples will be taken in accordance with ASTM D979. The minimum diameter of the sample shall be 5 inches (125 mm). Samples that are defective, as a result of sampling, shall be discarded and another sample taken. The Contractor shall furnish all tools, labor, and materials for cutting samples, cleaning, and filling the cored pavement. Cored pavement shall be cleaned and core holes shall be filled in a manner acceptable to the Engineer and within one day after sampling. Laitance produced by the coring operation shall be removed immediately. The top most lift of bituminous material shall be completely bonded to the underlying layers of bituminous material. If any of the cores reveal that the surface is not bonded to the bituminous layer immediately below the surface then additional cores shall be taken as directed by the Engineer in accordance with paragraph 403- 5.1b to determine the extent of any delamination. All delaminated areas shall be completely removed by milling to the limits and depth and replaced as directed by the Engineer at no additional cost. (4) Testing. The bulk specific gravity of each cored sample will be measured by the Engineer in accordance with ASTM D2726. Samples will be taken in accordance with ASTM D979. The percent compaction (density) of each sample will be determined by dividing the bulk specific gravity of each sublot sample by the average bulk specific gravity of all laboratory prepared specimens for the lot, as determined in paragraph 403-5.1a(2). The bulk specific gravity used to determine the joint density at joints formed between different lots shall be the lowest of the bulk specific gravity values from the two different lots. (5) Acceptance. Acceptance of field placed HMA for mat density will be determined by the Engineer in accordance with the requirements of paragraph 403-5.2b(1). Acceptance for joint density will be determined by the Engineer in accordance with the requirements of paragraph 403-5.2b(2). c. Partial lots HMA. When operational conditions cause a lot to be terminated before the specified number of tests have been made for the lot, or when the Contractor and Engineer agree in writing to allow overages or other minor tonnage placements to be considered as partial lots, the following procedure will be used to adjust the lot size and the number of tests for the lot. The last batch produced where production is halted will be sampled, and its properties shall be considered as representative of the particular sublot from which it was taken. In addition, an agreed to minor placement will be sampled, and its properties shall be considered as representative of the particular sublot from which it was taken. Where three sublots are produced, they shall constitute a lot. Where one or two sublots are produced, they shall be incorporated into the next lot, and the total number of sublots shall be used in the acceptance plan calculation, that is, n = 5 or n = 6, for example. Partial lots at the end of asphalt production on the project shall be included with the previous lot. The lot size for field placed material shall correspond to that of the plant material, except that, in no cases, shall less than three (3) cored samples be obtained, that is, n = 3. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-15 403-5.2 Acceptance criteria. a. General. Acceptance will be based on the following characteristics of the HMA and completed pavement and test results: (1) Air Voids (2) Mat density (3) Joint density (4) Thickness (5) Smoothness (6) Grade (7) Stability (8) Flow Mat density will be evaluated for acceptance in accordance with paragraph 403-5.2b(1). Stability and flow will be evaluated for acceptance in accordance with paragraph 403-5.1. Joint density will be evaluated for acceptance in accordance with paragraph 403-5.2b(2). Thickness will be evaluated by the Engineer for compliance in accordance with paragraph 403-5.2b(3). Acceptance for smoothness will be based on the criteria contained in paragraph 403-5.2b(4). Acceptance for grade will be based on the criteria contained in paragraph 403-5.2b(5). The Engineer may at any time reject and require the Contractor to dispose of any batch of HMA which is rendered unfit for use due to contamination, segregation, incomplete coating of aggregate, or improper mix temperature. Such rejection may be based on only visual inspection or temperature measurements. In the event of such rejection, the Contractor may take a representative sample of the rejected material in the presence of the Engineer, and if it can be demonstrated in the laboratory, in the presence of the Engineer, that such material was erroneously rejected, payment will be made for the material at the contract unit price. b. Acceptance criteria. (1) Mat density. Acceptance of each lot of plant produced material for mat density shall be based on the average of all of the densities taken from the sublots. If the average mat density of the lot so established equals or exceeds 96%, the lot shall be acceptable. If the average mat density of the lot is below 96%, the lot shall be removed and replaced at the Contractor’s expense. (2) Joint density. Acceptance of each lot of plant produced HMA for joint density shall be based on the average of all of the joint densities taken from the sublots. If the average joint density of the lot so established equals or exceeds 94%, the lot shall be acceptable. If the average joint density of the lot is less than 94%, the Contractor shall stop production and evaluate the method of compacting joints. Production may resume once the reason for poor compaction has been determined and appropriate measures have been taken to ensure proper compaction. (3) Thickness. Thickness of each course shall be evaluated by the Engineer for compliance to the requirements shown on the plans. Measurements of thickness shall be made by the Engineer using the cores extracted for each sublot for density measurement. The maximum allowable deficiency at any point shall not be more than 1/4 inch (6 mm) less than the thickness indicated for the lift. Average thickness of lift, or combined lifts, shall not be less than the indicated thickness. Where thickness deficiency exceeds the specified tolerances, the lot or sublot shall be corrected by the Contractor at his expense by removing the deficient area and replacing with new pavement. The Contractor, at his expense, may take additional cores as approved by the Engineer to circumscribe the deficient area. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-16 (5) Grade. Grade shall be evaluated on the first day of placement and then every 5 days to allow adjustments to paving operations if measurements do not meet specification requirements. The Contractor must submit the survey data to the Engineer by the following day after measurements have been taken. The finished surface of the pavement shall not vary from the gradeline elevations and cross-sections shown on the plans by more than 1/2 inch (12 mm). The finished grade of each lot will be determined by running levels at intervals of 50 feet (15 m) or less longitudinally and all breaks in grade transversely (not to exceed 50 feet (15 m)) to determine the elevation of the completed pavement. The Contractor shall pay the cost of surveying of the level runs that shall be performed by a licensed surveyor. The documentation, stamped and signed by a licensed surveyor, shall be provided by the Contractor to the Engineer. The lot size shall be 2,000 square yards (square meters). When more than 15% of all the measurements within a lot are outside the specified tolerance, or if any one shot within the lot deviates 3/4 inch (19 mm) or more from planned grade, the Contractor shall remove the deficient area to the depth of the final course of pavement and replace with new material. Skin patching shall not be permitted. Isolated high points may be ground off providing the course thickness complies with the thickness specified on the plans. High point grinding will be limited to 15 square yard (12.5 sq m). The surface of the ground pavement shall have a texture consisting of grooves between 0.090 and 0.130 inches (2 and 3.5 mm) wide. The peaks and ridges shall be approximately 1/32 inch (1 mm) higher than the bottom of the grooves. The pavement shall be left in a clean condition. The removal of all of the slurry resulting from the grinding operation shall be continuous. The grinding operation should be controlled so the residue from the operation does not flow across other lanes of pavement. Areas in excess of 15 square yard (12.5 sq m) will require removal and replacement of the pavement in accordance with the limitations noted above. Contractor shall apply a surface treatment per P-608 to all areas that have been subject to grinding. c. Density outliers. If the tests within a lot include a very large or a very small value that appears to be outside the normal limits of variation, check for an outlier in accordance with ASTM E178, at a significance level of 5%, to determine if this value should be discarded. 403-5.3 Resampling Pavement for Mat Density. a. General. Resampling of a lot of pavement will only be allowed for mat density and then, only if the Contractor requests same in writing, within 48 hours after receiving the written test results from the Engineer. A retest will consist of all the sampling and testing procedures contained in paragraphs 403-5.1. Only one resampling per lot will be permitted. (1) A redefined mat density shall be calculated for the resampled lot. The number of tests used to calculate the redefined mat density shall include the initial tests made for that lot plus the retests. (2) The cost for resampling and retesting shall be borne by the Contractor. b. Payment for resampled lots. The redefined mat density for a resampled lot shall be used to evaluate the acceptance of that lot in accordance with paragraph 403-5.2. c. Outliers. Check for outliers in accordance with ASTM E178, at a significance level of 5%. CONTRACTOR QUALITY CONTROL 403-6.1 General. The Contractor shall perform quality control sampling, testing, and inspection during all phases of the work and shall perform them at a rate sufficient to ensure that the work conforms to the contract requirements, and at minimum test frequencies required by paragraph 403-6.3, including but not limited to: a. Mix Design b. Aggregate Grading FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-17 c. Quality of Materials d. Stockpile Management e. Proportioning f. Mixing and Transportation g. Placing and Finishing h. Joints i. Compaction j. Surface smoothness k. Personnel l. Laydown plan The Contractor shall perform quality control sampling, testing, and inspection during all phases of the work and shall perform them at a rate sufficient to ensure that the work conforms to the contract requirements, and at minimum test frequencies required by paragraph 403-6.3 and Section 100 of the General Provisions. As a part of the process for approving the Contractor’s plan, the Engineer may require the Contractor’s technician to perform testing of samples to demonstrate an acceptable level of performance. No partial payment will be made for materials that are subject to specific quality control requirements without an approved plan. 403-6.2 Contractor testing laboratory. The lab shall meet the requirements of ASTM D3666 including all necessary equipment, materials, and current reference standards to comply with the specifications. 403-6.3 Quality control testing. The Contractor shall perform all quality control tests necessary to control the production and construction processes applicable to these specifications and as set forth in the approved Quality Control Program. The testing program shall include, but not necessarily be limited to, tests for the control of asphalt content, aggregate gradation, temperatures, aggregate moisture, field compaction, and surface smoothness. A Quality Control Testing Plan shall be developed as part of the Quality Control Program. a. Asphalt content. A minimum of two asphalt content tests shall be performed per lot in accordance with ASTM D6307 or ASTM D2172 if the correction factor in ASTM D6307 is greater than 1.0. The asphalt content for the lot will be determined by averaging the test results. b. Gradation. Aggregate gradations shall be determined a minimum of twice per lot from mechanical analysis of extracted aggregate in accordance with ASTM D5444 and ASTM C136, and ASTM C117. c. Moisture content of aggregate. The moisture content of aggregate used for production shall be determined a minimum of once per lot in accordance with ASTM C566. d. Moisture content of HMA. The moisture content of the HMA shall be determined once per lot in accordance with ASTM D1461 e. Temperatures. Temperatures shall be checked, at least four times per lot, at necessary locations to determine the temperatures of the dryer, the asphalt binder in the storage tank, the HMA at the plant, and the HMA at the job site. f. In-place density monitoring. The Contractor shall conduct any necessary testing to ensure that the specified density is being achieved. A nuclear gauge may be used to monitor the pavement density in accordance with ASTM D2950. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-18 g. Additional testing. Any additional testing that the Contractor deems necessary to control the process may be performed at the Contractor’s option. h. Monitoring. The Engineer reserves the right to monitor any or all of the above testing. 403-6.4 Sampling. When directed by the Engineer, the Contractor shall sample and test any material that appears inconsistent with similar material being sampled, unless such material is voluntarily removed and replaced or deficiencies corrected by the Contractor. All sampling shall be in accordance with standard procedures specified. 403-6.5 Control charts. The Contractor shall maintain linear control charts both for individual measurements and range (i.e., difference between highest and lowest measurements) for aggregate gradation, asphalt content, and VMA. The VMA for each sublot will be calculated and monitored by the Quality Control laboratory. Control charts shall be posted in a location satisfactory to the Engineer and shall be kept current. As a minimum, the control charts shall identify the project number, the contract item number, the test number, each test parameter, the Action and Suspension Limits applicable to each test parameter, and the Contractor’s test results. The Contractor shall use the control charts as part of a process control system for identifying potential problems and assignable causes before they occur. If the Contractor’s projected data during production indicates a problem and the Contractor is not taking satisfactory corrective action, the Engineer may suspend production or acceptance of the material. a. Individual measurements. Control charts for individual measurements shall be established to maintain process control within tolerance for aggregate gradation, asphalt content, and VMA. The control charts shall use the JMF target values as indicators of central tendency for the following test parameters with associated Action and Suspension Limits: Control Chart Limits For Individual Measurements Sieve Action Limit Suspension Limit 3/4 inch (19 mm) ±6% ±9% 1/2 inch (12 mm) ±6% ±9% 3/8 inch (9 mm) ±6% ±9% No. 4 (4.75 mm) ±6% ±9% No. 16 (1.18 mm) ±5% ±7.5% No. 50 (0.30 mm) ±3% ±4.5% No. 200 (0.075 mm) ±2% ±3% Asphalt Content ±0.45% ±0.70% VMA -1.00% -1.5% b. Range. Control charts for range shall be established to control process variability for the test parameters and Suspension Limits listed below. The range shall be computed for each lot as the difference between the two test results for each control parameter. The Suspension Limits specified below are based on a sample size of n = 2. Should the Contractor elect to perform more than two tests per lot, the Suspension Limits shall be adjusted by multiplying the Suspension Limit by 1.18 for n = 3 and by 1.27 for n = 4. FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-19 Control Chart Limits Based On Range (Based On n = 2) Sieve Suspension Limit 1/2 inch (12 mm) 11% 3/8 inch (9 mm) 11% No. 4 (4.75 mm) 11% No. 16 (1.18 mm) 9% No. 50 (0.30 mm) 6% No. 200 (0.075 mm) 3.5% Asphalt Content 0.8% c. Corrective action. The Contractor Quality Control Program shall indicate that appropriate action shall be taken when the process is believed to be out of tolerance. The Plan shall contain sets of rules to gauge when a process is out of control and detail what action will be taken to bring the process into control. As a minimum, a process shall be deemed out of control and production stopped and corrective action taken, if: (1) One point falls outside the Suspension Limit line for individual measurements or range; or (2) Two points in a row fall outside the Action Limit line for individual measurements. 403-6.6 Quality control reports. The Contractor shall maintain records and shall submit reports of quality control activities daily, in accordance with the Contractor Quality Control Program described in General Provisions, Section 100. METHOD OF MEASUREMENT 403-7.1 Measurement. Plant mix bituminous concrete pavement shall be measured by the number of tons (kg) of HMA used in the accepted work. Recorded batch weights or truck scale weights will be used to determine the basis for the tonnage. BASIS OF PAYMENT 403-8.1 Payment. Payment for a lot of HMA meeting all acceptance criteria as specified in paragraph 403- 5.2 shall be made at the contract unit price per ton (kg) for HMA. The price shall be compensation for furnishing all materials, for all preparation, mixing, and placing of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item P-403.1 HMA Base Course - per ton (kg) TESTING REQUIREMENTS AASHTO M156 Standard Specification for Requirements for Mixing Plants for Hot-Mixed, Hot- Laid Bituminous Paving Mixtures ASTM C29 Standard Test Method for Bulk Density (“Unit Weight”) and Voids in Aggregate FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-20 ASTM C88 Standard Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C117 Standard Test Method for Materials Finer than 75-μm (No. 200) Sieve in Mineral Aggregates by Washing ASTM C127 Standard Test Method for Density, Relative Density (Specific Gravity), and Absorption of Coarse Aggregate ASTM C131 Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C136 Standard Test Method for Sieve or Screen Analysis of Fine and Coarse Aggregates ASTM C183 Standard Practice for Sampling and the Amount of Testing of Hydraulic Cement ASTM C566 Standard Test Method for Total Evaporable Moisture Content of Aggregate by Drying ASTM D75 Standard Practice for Sampling Aggregates ASTM D979 Standard Practice for Sampling Bituminous Paving Mixtures ASTM D1073 Standard Specification for Fine Aggregate for Bituminous Paving Mixtures ASTM D1074 Standard Test Method for Compressive Strength of Bituminous Mixtures ASTM D1461 Standard Test Method for Moisture or Volatile Distillates in Bituminous Paving Mixtures ASTM D2041 Standard Test Method for Theoretical Maximum Specific Gravity and Density of Bituminous Paving Mixtures ASTM D2172 Standard Test Method for Quantitative Extraction of Bitumen from Bituminous Paving Mixtures ASTM D2419 Standard Test Method for Sand Equivalent Value of Soils and Fine Aggregate ASTM D2489 Standard Practice for Estimating Degree of Particle Coating of Bituminous- Aggregate Mixtures ASTM D2726 Standard Test Method for Bulk Specific Gravity and Density of Non-Absorptive Compacted Bituminous Mixtures ASTM D2950 Standard Test Method for Density of Bituminous Concrete in Place by Nuclear Methods ASTM D3203 Standard Test Method for Percent Air Voids in Compacted Dense and Open Bituminous Paving Mixtures ASTM D3665 Standard Practice for Random Sampling of Construction Materials ASTM D3666 Standard Specification for Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials ASTM D4125 Standard Test Methods for Asphalt Content of Bituminous mixtures by the Nuclear Method ASTM D4318 Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-403 Hot Mix Asphalt (HMA) Pavements (Base, Leveling, Course) AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-403-21 ASTM D4791 Standard Test Method for Flat Particles, Elongated Particles, or Flat and Elongated Particles in Coarse Aggregate ASTM D4867 Standard Test Method for Effect of Moisture on Asphalt Concrete Paving Mixtures ASTM D5444 Standard Test Method for Mechanical Size Analysis of Extracted Aggregate ASTM D5581 Standard Test Method for Resistance to Plastic Flow of Bituminous Mixtures Using Marshall Apparatus (6 inch-Diameter Specimen) ASTM D6307 Standard Test Method for Asphalt Content of Hot-Mix Asphalt by Ignition Method ASTM D6926 Standard Practice for Preparation of Bituminous Specimens Using Marshall Apparatus ASTM D6927 Standard Test Method for Marshall Stability and Flow of Bituminous Mixtures ASTM D6752 Standard Test Method for Bulk Specific Gravity and Density of Compacted Bituminous Mixtures Using Automatic Vacuum Sealing Method ASTM E11 Standard Specification for Woven Wire Test Sieve Cloth and Test Sieves ASTM E178 Standard Practice for Dealing with Outlying Observations AASHTO T030 Standard Method of Test for Mechanical Analysis of Extracted Aggregate AASHTO T110 Standard Method of Test for Moisture or Volatile Distillates in Hot Mix Asphalt (HMA) AASHTO T275 Standard Method of Test for Bulk Specific Gravity (Gmb) of Compacted Hot Mix Asphalt (HMA) Using Paraffin-Coated Specimens). Asphalt Institute Handbook MS-26 Asphalt Binder Asphalt Institute MS-2 Mix Design Manual, 7th Edition MATERIAL REQUIREMENTS ASTM D242 Standard Specification for Mineral Filler for Bituminous Paving Mixtures ASTM D946 Standard Specification for Penetration-Graded Asphalt Cement for Use in Pavement Construction ASTM D3381 Standard Specification for Viscosity-Graded Asphalt Cement for Use in Pavement Construction ASTM D4552 Standard Practice for Classifying Hot-Mix Recycling Agents ASTM D6373 Standard Specification for Performance Graded Asphalt Binder END OF ITEM P-403 FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-602 Bituminous Prime Coat AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-602-1 ITEM P-602 BITUMINOUS PRIME COAT DESCRIPTION 602-1.1 This item shall consist of an application of bituminous material on the prepared base course in accordance with these specifications and in reasonably close conformity to the lines shown on the plans. MATERIALS 602-2.1 Bituminous material. The bituminous material shall be an emulsified asphalt indicated in ASTM D3628 as a bituminous application for prime coat appropriate to local conditions or as designated by the Engineer. CONSTRUCTION METHODS 602-3.1 Weather limitations. The prime coat shall be applied only when the existing surface is dry; the atmospheric temperature is 50°F (10°C) or above, and the temperature has not been below 35°F (2°C) for the 12 hours prior to application; and when the weather is not foggy or rainy. The temperature requirements may be waived when directed by the Engineer. 602-3.2 Equipment. The equipment shall include a self-powered pressure bituminous material distributor and equipment for heating bituminous material. Provide a distributor with pneumatic tires of such size and number that the load produced on the base surface does not exceed 65.0 psi (4.5 kg/sq cm) of tire width to prevent rutting, shoving or otherwise damaging the base, surface or other layers in the pavement structure. Design and equip the distributor to spray the bituminous material in a uniform coverage at the specified temperature, at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard (0.23 to 9.05 L/square meter), with a pressure range of 25 to 75 psi (172.4 to 517.1 kPa) and with an allowable variation from the specified rate of not more than ±5%, and at variable widths. Include with the distributor equipment a separate power unit for the bitumen pump, full-circulation spray bars, tachometer, pressure gauges, volume-measuring devices, adequate heaters for heating of materials to the proper application temperature, a thermometer for reading the temperature of tank contents, and a hand hose attachment suitable for applying bituminous material manually to areas inaccessible to the distributor. Equip the distributor to circulate and agitate the bituminous material during the heating process. If the distributor is not equipped with an operable quick shutoff valve, the prime operations shall be started and stopped on building paper. The Contractor shall remove blotting sand prior to asphalt concrete lay down operations at no additional expense to the Owner. A power broom and power blower suitable for cleaning the surfaces to which the bituminous coat is to be applied shall be provided. 602-3.3 Application of bituminous material. Immediately before applying the prime coat, the full width of the surface to be primed shall be swept with a power broom to remove all loose dirt and other objectionable material. The bituminous material shall be uniformly applied with a bituminous distributor at the rate of 0.15 to 0.30 gallons per square yard (0.68 to 1.36 liters per square meter) depending on the base course surface texture. The type of bituminous material and application rate shall be approved by the Engineer prior to application. Following application of the bituminous material and prior to application of the succeeding layer of pavement, allow the bituminous coat to cure and to obtain evaporation of any volatiles or moisture. Maintain FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-602 Bituminous Prime Coat AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-602-2 the coated surface until the succeeding layer of pavement is placed, by protecting the surface against damage and by repairing and recoating deficient areas. Allow the prime coat to cure without being disturbed for a period of at least 48 hours or longer, as may be necessary to attain penetration into the treated course. Furnish and spread enough sand to effectively blot up and cure excess bituminous material. Keep traffic off surfaces freshly treated with bituminous material. Provide sufficient warning signs and barricades so that traffic will not travel over freshly treated surfaces. 602-3.4 Trial applications. Before providing the complete bituminous coat, the Contractor shall apply three lengths of at least 100 feet (30 m) for the full width of the distributor bar to evaluate the amount of bituminous material that can be satisfactorily applied with the equipment. Apply three different trial application rates of bituminous materials within the application range specified in paragraph 602-3.3. Other trial applications will be made using various amounts of material as deemed necessary by the Engineer. 602-3.5 Bituminous material Contractor’s responsibility. The Contractor shall provide a statement of source and character of the proposed bituminous material which must be submitted to and approved by the Engineer before any shipment of bituminous materials to the project. The Contractor shall furnish vendor’s certified test reports for each carload, or equivalent, of bituminous material shipped to the project. The test reports shall be provided to and approved by the Engineer before the bituminous material is applied. If the bituminous material does not meet the specifications, it shall be replaced at the Contractor’s expense. Furnishing the vendor’s certified test report for the bituminous material shall not be interpreted as basis for final acceptance. 602-3.6 Freight and weigh bills. The Contractor shall submit waybills and delivery tickets during the progress of the work. Before the final estimate is allowed, file with the Engineer certified waybills and certified delivery tickets for all bituminous materials used in the construction of the pavement covered by the contract. Do not remove bituminous material from storage until the initial outage and temperature measurements have been taken. The delivery or storage units will not be released until the final outage has been taken. METHOD OF MEASUREMENT 602-4.1 No direct measurement will be made for any bituminous prime coat. BASIS OF PAYMENT 602-5.1 No direct payment will be made for any bituminous tack coat. The cost of furnishing and installing bituminous prime coat shall be included in the contract unit price for Item P-403 or any other items that require its use. TESTING REQUIREMENTS ASTM D1250 Standard Guide for Use of the Petroleum Measurement Tables MATERIAL REQUIREMENTS ASTM D977 Standard Specification for Emulsified Asphalt ASTM D2028 Standard Specification for Cutback Asphalt (Rapid-Curing Type) ASTM D2397 Standard Specification for Cationic Emulsified Asphalt ASTM D3628 Standard Practice for Selection and Use of Emulsified Asphalts FAA 150/5370-10G (7/21/2014) Reconstruct and Extend Taxiway A Contract Modification No. 1 Augusta Regional Airport, Augusta, Georgia Item P-602 Bituminous Prime Coat AIP No. 3-13-0011-038-205 & 3-13-0011-039-2016 September 12, 2017 P-602-3 END OF ITEM P-602 Public Service Committee Meeting 10/10/2017 1:00 PM McCarthy Improvement Company Change Order #1 - Txy A Project Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Request the Augusta Commission approve McCarthy Improvement Company Change Order #1 to the Airport Taxiway A Reconstruction and Extension Project as approved by the Augusta Aviation Commission at their September 28, 2017 meeting. Background:The original scope of work provides for the reconstruction and extension of the Taxiway A at the Augusta Regional Airport which is currently being performed by McCarthy Improvement Company for a contracted amount of $16,772,436.70. This change order modifies the original construction costs due to modifications to the following: 1. Quantity Adjustments: · Removal of Pavement Markings · Crushed Aggregate Base Course · Underdrain Clean-out · 5KV Power Cable PVC, Direct Bury Electric Duct Bank · PVC, Concrete Encased Electrical Duct Bank · Replace Airfield Guidance Sign Panel Additional Work: · Asphalt Base Course · Catch Basin along Storm Line C · Junction Box Changes to Construction Plans: · Revisions to the construction plans New Construction Specifications: · Asphalt base course added under Taxiway A2 concrete pavement · Prime Coat added under the base course Analysis:During the project, several items included in the original bid needs to be adjusted in order to cover the true quantities shown on the construction plans to complete the approved project scope to the quality and standard that enhances safety on the airfield. This change order cost will be added to the overall contract cost and will be subject to the FAA 90% payment program. These changes have been reviewed and approved by the FAA. Financial Impact:An increase to the original cost of the contract by $349,641.00. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 551081201-5412110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Public Service Committee Meeting Commission Chamber - 912612017 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Guilfoyle, Chairman; Fennoy, Vice Chainnan; Davis and M. Williams, members. PUBLIC SERVICES 1. New Application: A.N. 17-29: A request by Cheong M. Rhee for an on premise Item consumption Liquor, Beer & Wine License to be used in connection with Harbor Action: Inn Seafood Restaurant located at 3404 Wrightsboro Rd. There will be Sunday Approved Sales. District 5. Super District 9. Motions Motion Motion Textrype Motion to. aDDrove.APProve vtotio, Passes 4_0. Made By Seconded By Motion Result Commissioner Commissioner Mary Davis William Fennoy Passes 2. Request the Augusta Commission accept the bid from Doyle Dickerson Tenazzo Item at a cost of $64,960 as approved by the Augusta Aviation Commission at their Action: August 31,2017 Meeting. (Bid Item 17-216) Approved Motions |^#:"t Motion rext Made Bv Motion to ^ aDDrove.APProve vtotion passes 4-0. seconded By Motion Result Commissioner Commissione william Fennoy Mary Davis t Puttt' 3. Request the Augusta Commission accept the bid from Aero Specialties for Item $47,944 for the purchase of an Aircraft Belt Loader as accepted by the Augusta Action: Aviation Commission at their August 31, 2017 Meeting. (Bid 17-222)Approved Motions +^#:" Motion Text Made By seconded By Motion to ^ aDDrove.APProve uotio, Passes 4-0. Commissioner Commissioner William Fennoy Marion Williams Passes Motion Result Motion Result Motion Result Passes 4. Request the Augusta Commission accept the bid from J & B Tractor Co. at a Item cost of $53,155 for the purchase of a new Utility Tractor as accepted by the Action: Augusta Aviation Commission at their August 31 ,2017 Meeting. (Bid 17-235) Approved 5. Request the Augusta Commission accept FAA Grant 3-13-0011-040-2017 for Item the design of Airport Access Controls, Air Carrier and GA Apron Rehab, and Action: Airport Drainage Master Plan as accepted by the Augusta Aviation Commission Approved at their August 31,2017 Meeting. Motions lr"J:" Motion Text Made By seconded By Motion to ^ aDDrove.APProve vtotion passes 4-0. Motions f#:" Motion Text Made By Seconded By Motion to ^ aDDrove.APProve vtotion passes 4_0. Commissioner Commissione william Fennoy Mary Davis t Pu"t' Commissioner Commissioner William Fennoy Mary Davis 6. Request the Augusta Commission approve Griffin Contracting Inc. Change Item Modification #2 to the ARFF Pavement Rehabilitation Project at Augusta Action: Regional Airport as approved by the Augusta Aviation Commission at their Approved August 31, 201 7 meeting. Motions X:il"Il Motion Text Made By Seconded By fffiiI ype Motion to Approve il3ffiu,,., f"iil##I:& fr:[B'iJft'* passes 4-0. 7. Approve a Facility Agreement for Diamond Lakes Tennis Center and MACH ltemAcademy. Action: Approved Motions X:li'" Motion Text Made By seconded By f#ir ype Motion to A __-^--^ approve. Commissioner CommissionerApprove ilotion passes william Fennoy Mary Davis Passes 4-0. 8. Motion to approve the minutes of the Public Services Commiffee held on Item September 12,2017. Action: Approved Motions Hll"' Motion Text Made By seconded By Motion'l'ype - ----- -" --------- -.t Result Motion to Approve ffi5ffiu*., fii,ll#f}:ffi:, fi,:ffiiJi;"' passes 4_0. 9. Approve amendments to the Augusta, Georgia Code, Title 7, Chapter 2, Item Article I Nuisances, Section 7-2-zNuisances Prohibited so as to clariff Action: the responsibility of property owners with regard to occupied properties. Rescheduled Motions Motion Motion Text Made Seconded Motion'l'ype By By Result It was the consensus of the committee that this item be referred to the next committee meeting. 10. Mr. Judon, Airport Executive Director, requests to update the Committee Item on the Small Community Air Service Development (SCASD) Grant that the Action: airport is seeking. Motions H:'1"' Motion Text Made By Seconded By MotionI'yPe ^'^--- ..J Result Motion to delete this a _-, _. __ item from the Commissioner CommissionerApprove ------ ;- ---- -- ,:;.;;."'-:""-^ .;""'*J"':^'-^ Passes- ^rr^ " ' - agenda. William Fennoy Mary Davis Motion Passes 4-0. www.augustaga.gov Approved Public Service Committee Meeting 10/10/2017 1:00 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on September 26, 2017. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 7, CHAPTER 2, ARTICLE 1, NUISANCES; SECTION 7-2-2, NUISANCES - PROHIBITED, SO AS TO CLARIFY THAT OWNERS OF OCCUPIED PARCELS ARE REQUIRED TO MAINTAIN THE PARCEL AND THE PORTION OF THE ADJOINING PUBLIC RIGHT-OF- WAY BETWEEN THE PARCEL AND THE STREET; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT IT IS A VIOLATION OF AUGUSTA, GEORGIA CODE TO NOT COMPLY WITH THE ADOPTED CODE AS STATED IN THE REGULATIONS HEREWITH, AS FOLLOWS: SECTION 1. TITLE 7, CHAPTER 2, ARTICLE 1, NUISANCES, SECTION 7-2-2 IS HEREBY DELETED BY STRIKING THIS SECTION IN ITS ENTIRETY, AND NEW SECTION 7-2-2 IS HEREBY INSERTED TO REPLACE THE REPEALED SECTION AS SET FORTH IN “EXHIBIT A” HERETO. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2017. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2017 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ First Reading ______________________ Second Reading ______________________ “EXHIBIT A” NUISANCES [ARTICLE 1 IN GENERAL] Sec. 7-2-1. Generally. The following conditions, in addition to those conditions recognized as such pursuant to State law, are hereby declared to constitute nuisances: substances emitting noxious odors, carcasses of animals, establishments or structures emitting noxious odors, vapors, or fumes; deposits of waste-water; litter, trash, refuse, rubble, and rubbish of all sorts; overgrown vegetation, weeds, brambles, brush or thickets; malfunctioning private sewage disposal systems; dilapidated buildings open to unauthorized or unlawful entry; hazardous trees; all articles, conditions, acts, or things whatsoever, kept, maintained or permitted by any person to pose a threat of injury, inconvenience, or annoyance to the public; and, all pursuits followed or engaged in, behavior or conduct performed by any person, which pose a threat of injury, annoyance, or inconvenience to the public. Sec. 7-2-2. Nuisances—Prohibited. It shall be unlawful for any owner or occupant of any parcel of land lying within Augusta- Richmond County to cause or permit any nuisance to be created or remain upon such premises; and it shall be the duty of such owner or occupant to abate and remove any such nuisance from such premises. No owner or occupant of any parcel of land lying within Augusta-Richmond County shall permit, cause, keep, maintain, or engage in any activity constituting a nuisance, as defined herein, or as otherwise defined by the law of the State of Georgia, within Augusta- Richmond County. Sec. 7-2-2. Nuisances—Prohibited. (a) It shall be unlawful for any owner or occupant of any parcel of land lying within Augusta- Richmond County to cause or permit any nuisance to be created or remain upon such premises; and it shall be the duty of such owner or occupant to abate and remove any such nuisance from such premises. No owner or occupant of any parcel of land lying within Augusta-Richmond County shall permit, cause, keep, maintain, or engage in any activity constituting a nuisance, as defined herein, or as otherwise defined by the law of the State of Georgia, within Augusta- Richmond County. (b) No owner of any occupied parcel of land within Augusta, Georgia shall permit or allow the existence of excessive accumulation or untended growth of weeds, undergrowth or other plant life to grow to a height exceeding twelve (12) inches upon any parcel of land, or on the area between the parcel of land and the street curb. Sec. 7-2-3. Nuisances—Notice. Whenever an inspector of the Planning & Development Department or any other duly constituted inspecting authority of the Augusta-Richmond County Commission determines that a nuisance exists on any premises within Augusta-Richmond County, he may serve written notice upon the owner or occupant, or his agent having control thereof, to abate such nuisance. The notice shall, at a minimum, set forth the nature of the nuisance and the fact that the same constitutes a nuisance upon said property; describe the premises where the nuisance is alleged to exist or to have been committed; and specify a reasonable period of time for the abatement of said nuisance. Said notice shall be served upon the owner or occupant of the premises by personal delivery, or by mailing said notice, certified mail, return receipt requested, addressed to the owner, occupant or agent. If service cannot be effectuated in such a manner after diligent effort to do so, service may be made by conspicuously posting the notice in or about the premises described in the notice, or by causing such notice to be published once in a newspaper of general circulation in Augusta-Richmond County. If the owner or occupant is a corporation, notice may be served upon an officer, a manager or person in charge of any local business office of such corporation, or the corporation's registered agent for service of process. Sec. 7-2-4. Nuisances—Procedures in the event nuisance not abated when specified. In the event that such nuisance is not abated by the owner or occupant within the time specified, then the owner and/or occupant may be cited for violation of this chapter. Sec. 7-2-5. Nuisances—Penalties. Violations of the provisions of this chapter shall be punished as provided in section 1-6-1 of this Code. Public Service Committee Meeting 10/10/2017 1:00 PM Nuisance Ordinance Code Amendment Department:Planning & Development Presenter:Robert H. Sherman III Caption:Approve amendments to the Augusta, Georgia Code, Title 7, Chapter 2, Article 1 Nuisances, Section 7-2- 2 Nuisances Prohibited so as to clarify the responsibility of property owners with regard to occupied properties. (Referred from September 26 Public Services) Background:The Nuisance Code is not clear in stating that property owners are responsible for maintaining their parcel and the portion of the adjoining public right-of-way between the parcel and the street. Analysis:The proposed code amendment will clarify the responsibility of owner’s of occupied property with regard to maintaining their parcel and the portion of the adjoining public right-of-way between the parcel and the street. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: TOTAL PROJECT BUDGET TRANSIT FACILITY Augusta Transit O&M Facility Item Construction $14,375,000 Equipment $965,000 Architect/Engineer $895,010 Construction Contingency $745,000 Loose Furnishings and Equipment $250,000 Other Costs (see below) $769,990 Total $18,000,000 OTHER COSTS: Project Administration Project Management $476,707 Project Controls, Fees, and Advertising Connection Fees $0 Survey $0 Geotech $0 Testing & Inspections $0 Advertising and Miscellaneous Printing/Copying $2,000 Other Consultants A/E Additional Services $281,870 Other Building/Infrastructure Costs Security/card readers/cameras $0 Technology/IT and A/V Systems $0 Utility Relocations $0 TBD $0 Other Project Costs Moving $5,000 Property Easements $0 Legal $0 Other Cost Contingency $4,413 TOTAL OTHER COSTS: $769,990 Invitation to Bid Sealed bids will be received at this office until Thursday, September 21, 2017 @ 3:00 p.m. for furnishing: Bid Item #17-250 Transit Bus Operations and Maintenance Facility for Augusta Public Transit Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $575.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, July 27, 2017. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Pre Bid Conference will be held on Friday, August 25, 2017 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A site visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, August 29, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. A 5% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 27, August 3, 10, 17, 24, 2017 Metro Courier August 2, 2017 OFFICIAL VENDORS McKnight Con 635 NW Frontage Rd Augusta, GA 30907 Reeves Young 45 Peachtree Ind Sugar Hill, GA 30518 Astra Group 300 Churchill Ct Woodstock, GA 30188 Principle Willams 51 New Hutchinson Mill Lagrange, GA 30240 Attachment "B"YES YES YES NO / NOTARY SEAL Addendum 1 YES YES YES YES E-VERIFY 261725 886774 72922 1200590 BID BOND YES YES YES YES Save Form YES YES YES YES Bid Price $15,640,876.00 $14,240,000.00 $16,400,000.00 $16,049,000 / Non-Compliant Alternate 1 $634,722.00 $512,950.00 $140,000.00 -$220,800.00 Alternate 2 $168,908.00 $135,000.00 $130,000.00 $220,000.00 Alternate 3 $472,667.00 $1,300,000.00 $965,000.00 $410,000.00 Alternate 4 $49,245.00 $109,000.00 $90,000.00 $30,000.00 Alternate 5 $43,200.00 $120,000.00 $86,000.00 $64,000.00 Alternate 6 -$27,000.00 NO BID -$18,000.00 NO BID Total Number Specifications Mailed Out: 53 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 20 Pre-Bid Conference Attendees: 42 Total packages submitted: 4 Total Noncompliant: 1 Bid Item #17-250 Transit Bus Operations and Maintenance Facility for Augusta, GA Public Transit Department Bid Date:Thursday, September 21, 2017 @ 3:00 p.m Page 1 of 2 OFFICIAL VENDORS McKnight Con 635 NW Frontage Rd Augusta, GA 30907 Reeves Young 45 Peachtree Ind Sugar Hill, GA 30518 Astra Group 300 Churchill Ct Woodstock, GA 30188 Principle Willams 51 New Hutchinson Mill Lagrange, GA 30240 Total Number Specifications Mailed Out: 53 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 20 Pre-Bid Conference Attendees: 42 Total packages submitted: 4 Total Noncompliant: 1 Bid Item #17-250 Transit Bus Operations and Maintenance Facility for Augusta, GA Public Transit Department Bid Date:Thursday, September 21, 2017 @ 3:00 p.m The following vendor has been deemed Non-Compliant for an outdated Notary Public Stamp: Principle Willams Page 2 of 2 AUGUSTA PUBLIC TRANSIT PATRICKG STEPHENS Director October 2,2017 Geri Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, GA 30901 Dear Ms. Sams: The Transit team has reviewed the bid submittal for the construction of the Transit Bus Operations & Maintenance by Reeves Young, LLC. The base bid submitted by Reeves Young, LLC for $14,240,000 was the lowest submitted among the four bids received in response to ITB #17-250. Additionally, information received from others involved in the review process show that Reeves Young LLC has successfully submitted documents and met the requirements required for this project. The Transit Department is recommending that Reeves Young LLC be awarded the contract for the construction of the new facility. In addition to the base bid, Reeves Young LLC submitted bids for six Alternates included in the ITB Proposal. The Transit Department desires to incorporate the bid of $135,000 submitted for the Generator and listed as Alternate #2 nthe contract with Reeves Young LLC bringing the total recommended contract amount to $14,375,000. Transit has reviewed all of the listed Alternate bids submitted by Reeves Young LLC and has determined that Bid Alternate #2 is the most important addition that needs to be implemented during the construction process given the current budget.. Alternate #l listed concrete in the bus storage area as alternate to the heavy-duty asphalt included in the specifications. After careful evaluation it has been determined there is not a significant advantage in terms of return on investment to implement concrete at the quoted price at this time. The evaluation report supporting this determination is attached. Augusta Public Transit 1535 Fenwick Street - Augusta, GA 30904 (706) 823-4400 - Fax (706) 821-1752 WWW.AUGUSTAGA,GOV Based on tlte above information, we are requesting the Procurement Departnent conduct their final review and begin the final process for contracting with Reeves Young LLC. lia\rely,WJry-^-. Patrick G Stephens Transit Director Lifecycle Cost Analyais - Continuously Reinforced Concrete Paving and Asphalt Paving This analysis if being provided for your review in considering the best option related to the paving for the new Operations and Maintenance Facility for APT. Current design includes heavy duty asphalt drive lanes. There is an add alternate to replace the heavy duty asphalt drive lanes with concrete paving. ln evaluating the lifecycle cost there are a few considerations to be discussed. Volatility in the cost of oil. The cost of oil has a direct relationship with the cost of asphalt. Below is the Producer Price lndexes for both Portland cement and paving materials (information provided from the Bureau of Labor Statistics). PPI Commodity Data Original Data Value Series ld: WPU132 Not Se8snally Adjusted Group: Nonmetallic mineral prcducts Item: ConcEte ingEdi€nts and Elatod products Base Date: ''l982ooYeart 2@7 to 2017 Aug sep 2007 2008 2009 ml0 2011 2012 20l3 2011 2015 2016 fr'17 2't5.6 226.1 2. .1 233.8 232.7 2U.9 242.4 250.1 261.9 275.7 285.4 2't5.6 227.O 235.5 233.9 232.2 236.1 242.9 250.6 2.7 275.6 285.7 216.8 227.4 235.7 233.2 232.4 237.3 243.7 2fi.4 263.3 276.1 285.8 220.1 228.7 238.5 233.0 233.6 238.4 243.3 254.3 266.3 278.4 288.5 219.9 28.4 247.8 232.4 233.6 238.'l 245.3 255.3 266.6 279.9 2W.5 219.0 228.1 236.8 232.1 2U.1 238.3 244.7 255.7 266.3 279.8 290.0 219.9 2@.3 236..O 232.1 235.0 239.5 244.4 255.7 7.'l 280.9 291.3 22't.4 231.5 235.2 233.8 2U.4 239.6 245.2 255.9 268.2 281.0 2W.4 2..6 231.7 235.4 232.7 2U.8 239.1 247.O 256.3 2ffi.7 279.3 223.6 231.9 233.7 232.3 232.1 239.3 2$.7 256.7 268.5 279.O 224.0 223.4 2g2.g 232.6233.9 233.9 231.8 232.2232.6 233.'.1 239.1 239.0246.8 247.3 257.1 25.9 267.9 270.1 278.5 278.4 Baseyear is 1982. lndex 100 in 1982. PPI Commodity Data (Producer Price lndex) Original Data Value Serles ld: WPU1394 Not Seasonally Adjusted Group: NonmetallicmineElproducts Item: Pa\,ing mixtures and blocks Bas Date: '198200 YeaB 2@Z to211l May 2007 200E m09 2010 2011 2012 2013 2014 2015 2016 2017 2'15.5 222.8 283.8 270.7 279.4 306.2 317.3 321.8 324.9 312.4 306.3 216.2 225.9 277.4 275.8 282.3 3'13.6 316.8 321.9 321.4 310. 1 301.7 217.3 226.8 271.0 277.2 282.7 314.0 316.7 321.9 319.2 305.7 298.2 218.6 233.7 262.'l 282.6 289.3 320.0 315.0 318.3 295.4 289.8 219.3 239.2 269.5 283.7 299.7 319.3 316.9 321.7 312.2 288.5 28€.1 220.O 258.6 263.3 283.7 302.2 321.O 316. I 311.4 247.4 293 I 219.6 290.3 265.3 281.5 304.3 320.3 316.4 322.6 311.4 289.9 2%.2 220.6 318.1 268.3 280.7 303.5 318.8 320.'t 325.6 312.1 289.7 290.5 220.5 325.9 267.3 279.8 303.9 316.3 320.4 325.5 310.1 288.2 220.1 317.9 266.6 279.'.| &2.7 316.5 320.2 326.4 308.5 289.3 219.9 2'19.2 315.7 294.3 266.4 267.0 278.7 278.5 301.4 302 3 3'16.4 315.8 319.7 319.1 326.9 327.0 307.3 305.6 290.1 288.4 While over time the cost of material for both cement and paving mixtures does increase the PPI for paving mixtures does show more unpredictability. This should be considered in decision making between the two options. il.Life span The second consideration is the number of years each material is considered to provide service until major repairlreplacement is necessary. The Federal HighwayAdministration issued a technical bulletin in 1998 providing an analysis comparing the two materials. Findings in the technical bulletin were included in a separate report prepared by VDOT and are provided below related to life cycle cost analysis for pavement materials. Please note that this analysis by the Federal Highwav Administration was based upon Stone Matrix Asohalt (SMA). The design for the APT Ooerations and Maintenance facility utilizes Suoeroave mix which mav deteriorate earlier than the Stone Matrix Asohalt. Assumptions for each type of material: Perlirrmance l'or SMA surlhce The designer rvill consider this section if the par'ement is to be builr using SMA mixes. As rvith all pavcrncnt options. scvcral critcria rverc cstablished and *ssumptions madc.. Ir is assumcd that the psycmcnt $ystcm rcccivcs appropriate SMA mixcs during all maintcnance trcatnrcnts. l. The initial pavement design life is l0 years. The pavement systenr will undergo a funclional rrrill and replace at Year I5 and major rehabilitation is schcduled at Year 28. ?. F'or thc struclural rehubilitation at Ycar ?tl. thc pavcmcnt surfacc lifc is l5 ycars (a-ssuming SMA mixcs ro bc uscd). l. Functional nrill and rcplacc is a tixcd activity at Ycars l5 and 43 in ordcr ro providc l3 additional ycars of life to the pavement surface and structure. 4. For structural atlcquacy. lhe pavcmcnt overlay tlcsign lirt ar year 2t is ?0 ycani. Pavement activities and required structure$ nlust b€ detennined by the engineer (e.g.. thickncss of AC basc. intcrmcdiatc and surfacc laycrs) at thc tinlc of thc rchab. 5. Patching of AC pavemcnts is hascd $n arca of pavcmcnl surfacc. 6. Preventive maintenance aclivities considered in the analysis include surlace treatments (e.g.. BSTs. thin overlays. slurrys. nticrosurfacing). crack sealing. and patching. Preventative maintcnance is only specified in the analysis for rlrc shoulden if a functional or structural improvcmcnt is pcrl'onncd on thc mainlinc pavcmcnt. No prcvcnlalivc maintcnancc is progranrmcd t'or thc mainlinc pavcmcnt ils part of thc LCCA. *As appropriatc Pavement Actlvitles Teble Yerr 0 - ftiew Construction/Reconrtruction Year 15 - Functionel ltill rnd Rcohce Mainlinc* AC Surlacc Mats.rial AC lntermediate Marerial .{C Base Material Stabi I iz.ed Drainage Layer CTA or DCA Subbase Shoulders* .{C Surfacc Material AC lntcrnrcdiate Matcrial AC Basc lVtatcrial Stabilizcd Drainage Layer CTA or DCA Subbasc Mainline Pre+vcrlay repair - Patch - l% (up ro rhc top of bir.se laycr) Mill- Surface layer Replace rvith AC Wearing Course - one layer Shoulders Surlhcc Trcatnrcnt Yeer 28 - l\hior Rchrbilitetion Yeer {J - Functional mill end reolrce Mainlinc Prc<rverlay Rcpair - Patch - 5'yo (full dcpth) Deep Mill (All Surface and Inrennediare Laycrs) Replace u.ith ;\C Basc Matcrial AC Intermcdiatc Matcriirl AC Wr.aring Coursc Shoulders Ovcrlay witlr AC Wcarins Coursc Mainlinc Prc-ovcrlav rcpair - Parch - l% (up ro th* top ofbasc layer) Mill - Surfhce layer Rcplacc rvith AC Wearing Coursc - onc layer Shouldcns Surlhce Treatnrent For continually reinforced concrete paving: As with all pavement options. several criteria were established and assumptions made: l. Initial prvemcnt dasign lifc is 30 yeilr. 2. For struclural adequacy, the pavemcnt ovcrley dcsign life at Year 30 is 20 ycars. Pavement activitics and strucrures must be detcrmincd by the cnginecr (c.g.. thickncss of AC basc. intcrmediate and surface layeis). 3. The mill and rcplrcc is a fixed activity at Year42 or at Ycar 45 (if SMA mix is utilized) in order to provide I0 or I 3 (for SMA mixes) additional ycars of life to the pavemcnt surface and stmcture. 4. The fulldepth potching pcrccntagc for compositc pavcmcnt is baccd on thc pavcmenl surfacc atEa. 5. The fulldepth patching percentage for jointed concrete pavemcnt is based on the pavement surface area. 6. PCC slab costs includc thc costs of tie bar$, dowcls. cut joints. and ssal joints. Prvemcnt ActiYities Teble Ycrr 0 - New Construcdon/Rcconrtructlon Yelr l0 * Concrcte Prvemcnt Mrlntenrnce Mainline' Pavement Rernoval (Reconstnrction) PCC Slab Stabilizcd Drainage Laycr CTA or DCA Subbase Shouldcrs' Shoulder Removal (Reconstnrction) PCC Slab Stabilized Drainage Layer CTA or DGA Subbase Soil Stabilization Mainline Patching - 1.5% (of surfacc area) Clcan and Scal Joint -- l00o/o As Yerr 20 - Concrete Prvement Rertoretion Ycr 30 - Concretc Prvemrni Rertorrtion end AC Or.erlev Mainlinc (Conercte Pevcmenr Repair) Patching - 5olo (of surhcc area) Clcan and Scal Joints - 100% Crinding - 1007o Mainlinc Prc-overlay Rcpair: Patch - 5?o (ofsurfacc arca) AC Overlay (Mirinrunr rrro lifls) wirh: AC Surlhcc Material AC lntermediate Material AC Basc Matcrial Shouldcn AC Ovcrlay (Minimum rwo lifls) wirh: AC Wearing Course AC lntcrmcdiatc Marcrial AC Basc Matcrial Ycrr{2 or {5* -Mlll ead Reolece Yerr 50 - Selvesr Vrlue Mainlinc Pre-overlay Repair Patching (AC overlay) - 2.5olo (of zurfacc arca) Patching (PCC Base) * 2.5% (of surfacc area) Mill - Surface layer Rcplace with AC Intcrmcdiatc Marcrials . one layer Overlay with AC Wearing Course * onc laycr Shoulders Overlay with AC Wearing Coursc - one layer None f If SMA mixes utilized at year 30 lll. The third consideration is the cost of replacement and major repair. Asohalt Paving Following the logic from point #2. Alyea( L5 asphalt paving will need to be milled and a functional layer of paving placed at year 28 an overlay should be done. Estimated costs and assumptions below: o Tons of asphalt required for functional layer is approximately 2435.o Estimated cost per ton of asphalt is $361o Discount rate (difference between interest and inflation rates) used here is 4%. Milling costs at $.60/sfo Costs will be incurred at years 15 and 28 Mill asphalt Replacement Subtotal With discount rale of 4% applied Overlay in year 28 (from table below) Total $ 78,000 $ 294,937 $ 372,937 $ 387,854 $322,334 $710,188 Continually Reinforced Concrete Paving (CRCP) Again, using the logic discussed in point 2, significant repair and/or replacement would not be necessary until year 30 for concrete paving. At year 30 the recommendation would be to overlay the CRCP with Asphalt paving. lt is worth noting that a 1" overlay could impact drainage structures. Estimated cost and assumptions for a 1" overlay of asphalt paving are as follows: o Tons of asphalt required for functional layer is approximately 2435.o Estimated cost per ton of asphalt is $361o Discount rate (difference between interest and inflation rates) used here is 4% Minor cut and repair of damage area 1" Overlay of asphalt paving Subtotal With discount rate of 4o/o applied$ 15,000.00 $ 294,937.00 $ 309,937.00 $ 322,334.48 Conclusion The above analysis concludes that major repair/replacement for asphalt paving come at a higher cost for APT (when the premium to go with CRCP is not considered). When considering the premium of $530,000 to go with the CRCP upfront the costs over the lifetime of the systems get pretty close with Asphalt paving at $710,188 and CRCP at $852,334 ($530,000 + $322,334 overlay). Other special considerations should be weighed in making the final determination. Special Considerations: o lntermediate repairs to the asphalt paving are to be expected and those costs are undetermined.o The ESAL factor* for bus traffic should be expected to impact the life cycle of the asphalt which could necessitate major repair/replacement to occur prematurely (before year 15).o Adequate preparation of subgrade critical in ensuring these life cycles prove accurate. Poor compaction of aggregate subgrade, infiltration of ground water, and other subsurface impacts could cause both the CRCP and Asphalt Pavement to fail.o Fuel spillage has significant impact on asphalt deterioration and could be cause of prematu re r epair / r eplacement.o The numbers provided are estimates and costs of materials and the means of placement could change (in either direction) and could cause a significant change to this analysis.o Major repair/replacement to the Asphalt Pavement to occur in closer intervals. A cost of inconvenience for this work should be considered as a real cost to time and operations of the facility. Therefore given how close in cost over 30 years the two are the decision point may come down to undetermined factors such as identified in the special considerations. *ESAL Factor - ESAL is the acronym for equivalent single axle load. ESAL is a concept developed from data collected at the American Association of State Highway Officials (AASHO) Road Test to establish a damage relationship for comparing the effects of axles carrying different loads. Document A101TM – 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum Init. / AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This 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 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 1 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. AIA Document A201™–2007, 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. AGREEMENT made as of the day of in the year (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Augusta, Georgia 535 Telfair Street, Suite 605 Augusta, GA 30901 and the Contractor: (Name, legal status, address and other information) Reeves Young, LLC 45 Peachtree Industrial Boulevard N.W. Suite 200 Sugar Hill, GA 30518 for the following Project: (Name, location and detailed description) Transit Operations and Maintenance Facility 2844 Regency Boulevard Augusta, GA 30901 The Architect: (Name, legal status, address and other information) Wendel Architecture PC 375 Essjay Road, Suite 2000 Williamsville, NY 14221 The Owner and Contractor agree as follows. Init. / AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This 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 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner’s time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Three Hundred Sixty ( 360 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Init. / AIA Document A101™ – 2007. Copyright © 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 document was produced by AIA software at 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 3 Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be Fourteen Million Three Hundred Seventy Five Thousand and 00/100 Dollars ($ 14,375,000.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternate No. 2, Generator: Furnish and install emergency generator as indicated in the Contract Documents: $135,000.00 § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) See Bid Form submitted by Reeves Young, LLC dated September 21, 2017 § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price No allowances ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 30th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 30th 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 thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) Init. / AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This 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 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 4 § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201™–2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201–2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201–2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201–2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) To be determined by Owner § 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201–2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: Init. / AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This 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 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 5 ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201–2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201–2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201–2007 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) % § 8.3 The Owner’s representative: (Name, address and other information) Curtiss Elswick Senior Vice President/Regional Executive Skanska USA Building Inc. 4309 Emperor Blvd., Suite 200 Durham, NC 27703 § 8.4 The Contractor’s representative: Init. / AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This 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 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 6 (Name, address and other information) Jeff Buser Vice President, Director of Preconstruction 45 Peachtree Industrial Boulevard N.W. Suite 200 Sugar Hill, GA 30518 770-271-1159 § 8.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101–2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201–2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages See Supplementary General Conditions included in Bid Documents § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) All drawing sheets Section Title Date Pages All sections § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) See Drawings dated July 7, 2017 Number Title Date All drawing sheets § 9.1.6 The Addenda, if any: Number Date Pages Addendum #1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: Init. / AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This 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 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 7 .1 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (Paragraph deleted) All documents included in the Invitation to Bid All documents included in the Invitation to Bid ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201–2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201–2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) As required by AIA Document A201-2007 This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) (Printed name and title) (Printed name and title) Additions and Deletions Report for AIA® Document A101TM – 2007 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 16:41:37 on 10/04/2017. Additions and Deletions Report for AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This 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 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 1 PAGE 1 Augusta, Georgia 535 Telfair Street, Suite 605 Augusta, GA 30901 … Reeves Young, LLC 45 Peachtree Industrial Boulevard N.W. Suite 200 Sugar Hill, GA 30518 … Transit Operations and Maintenance Facility 2844 Regency Boulevard Augusta, GA 30901 … Wendel Architecture PC 375 Essjay Road, Suite 2000 Williamsville, NY 14221 PAGE 2 § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Three Hundred Sixty ( 360 ) days from the date of commencement, or as follows: PAGE 3 § 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 ($ ), Fourteen Million Three Hundred Seventy Five Thousand and 00/100 Dollars ($ 14,375,000.00), subject to additions and deductions as provided in the Contract Documents. … Alternate No. 2, Generator: Furnish and install emergency generator as indicated in the Contract Documents: $135,000.00 … See Bid Form submitted by Reeves Additions and Deletions Report for AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This 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 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 2 Young, LLC dated September 21, 2017 … No allowances … § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 30th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 30th 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 thirty ( 30 ) days after the Architect receives the Application for Payment. PAGE 4 .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 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201™–2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5 %); … To be determined by Owner PAGE 5 [ X ] Litigation in a court of competent jurisdiction … Curtiss Elswick Senior Vice President/Regional Executive Skanska USA Building Inc. 4309 Emperor Blvd., Suite 200 Durham, NC 27703 PAGE 6 Jeff Buser Vice President, Director of Preconstruction 45 Peachtree Industrial Boulevard N.W. Suite 200 Sugar Hill, GA 30518 770-271-1159 … See Supplementary General Conditions included in Bid Additions and Deletions Report for AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This 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 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 3 Documents … All drawing sheets … All sections … See Drawings dated July 7, 2017 … All drawing sheets … Addendum #1 PAGE 7 (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201–2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) All documents included in the Invitation to Bid All documents included in the Invitation to Bid … As required by AIA Document A201-2007 AIA Document D401™ – 2003. 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 16:41:37 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1481591659) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, Curtis Elswick, 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 16:41:37 on 10/04/2017 under Order No. 0904861768_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 A101™ – 2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, 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) Document A201TM – 2007 General Conditions of the Contract for Construction Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 1 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. for the following PROJECT: (Name and location or address) Transit Operations and Maintenance Facility 2844 Regency Boulevard Augusta, GA 30901 THE OWNER: (Name, legal status and address) Augusta, Georgia 535 Telfair Street Augusta, GA 30901 THE ARCHITECT: (Name, legal status and address) Wendel Architecture PC 375 Essjay Road, Suite 200 Williamsville, NY 14221 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 2 INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect’s Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.4, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 3 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Compliance with Laws 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 4 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor’s Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor’s Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 9.7 Contractor’s Right to Terminate the Contract 14.1, 15.1.6 Contractor’s Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 5 Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance 11.3.3 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 6 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Notice, Written 2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner’s Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner’s Liability Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.4, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.3 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 7 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 8 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 9 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 10 ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 11 § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 12 the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER’S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 13 § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 14 facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 15 the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 16 § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 17 required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 18 § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 19 § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 20 § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 21 be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 22 the Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER’S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 23 .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 24 ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 25 § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 26 .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 27 dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 28 § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; and Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 29 .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 30 extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR’S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 31 Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. § 11.2 OWNER’S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 32 § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 33 § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 34 nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 35 § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner’s expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Contractor’s expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 36 .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 37 § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 38 § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. Init. / AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 39 § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION – 15.3.1 through 15.4.4.3 DELETED (Paragraph deleted) § 15.3.1. § 15.3.2 § 15.3.3 § 15.4 ARBITRATION (Paragraph deleted) § 15.4.1. § 15.4.1.1 § 15.4.2 § 15.4.3 § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 § 15.4.4.2 § 15.4.4.3 Additions and Deletions Report for AIA® Document A201TM – 2007 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 16:42:53 on 10/04/2017. Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 1 PAGE 1 Transit Operations and Maintenance Facility 2844 Regency Boulevard Augusta, GA 30901 … Augusta, Georgia 535 Telfair Street Augusta, GA 30901 … (Name, legal status and address) Wendel Architecture PC 375 Essjay Road, Suite 200 Williamsville, NY 14221 PAGE 39 § 15.3 MEDIATION – 15.3.1 through 15.4.4.3 DELETED § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.1. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. … Additions and Deletions Report for AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 2 § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. … § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document D401™ – 2003. 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 16:42:53 on 10/04/2017 under Order No.0904861768_1 which expires on 01/01/2018, and is not for resale. User Notes: (1702383417) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, Curtis Elswick, 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 16:42:53 on 10/04/2017 under Order No. 0904861768_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 A201™ – 2007, General Conditions of the Contract for Construction, 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) Public Service Committee Meeting 10/10/2017 1:00 PM Transit Bus Operations and Maintenance Facility Department:Transit Department Presenter:Patrick Stephens Caption:A motion to approve a contract with Reeves Young LLC for the construction of the Transit Bus Operations and Maintenance Facility for a fixed price of $14,375,000.00. (Bid Item 17-250) Background:The purpose of this contract is to provide construction services for the construction of the Transit Bus Operations and Maintenance Facility to be located at 2844 Regency Boulevard in Augusta, Georgia. The project will entail the construction of an approximate 32,000 square foot facility that will serve the administration and maintenance operations that support Augusta’s Public Transit System. The facility will feature other amenities such as a fueling and bus wash system, a large classroom and meeting place, and a parking area for employees and visitors. Analysis:APT currently houses its operation at 1535 Fenwick Street. The administration portion of the operations and maintenance facility was opened in 1993. The facility is adjacent to an existing structure that contains the maintenance portion of APT. The building was existing when the adjacent addition was constructed and has far reached its useful life. The building has been repaired multiple times, but continues to show its age with roof leaks, and difficulty with upgrading systems. In addition to the longevity or useful life issues of the facility, the current location lacks any real growth opportunities for APT. The site is locked for expansion to adjacent properties and the facility has little to no room on which to build or expand. Due to these conditions a decision was made to locate the facility to a property that would support current operations and future system expansion. The Transit Operations and Maintenance Facility has been designed to achieve a high level of environmental sustainability. While not specifically designed to be certified under USBGC LEED guidelines, the principles and strategies inherent in those guidelines were followed in the design of the facility. For example: • The project site will use vacated properties now paved with asphalt. The proposed facility will remove that dark-color paving; in its place will be a large green area for storm water management and recreation, and new more reflective and durable paving to reduce the existing heat-island effect. • The proposed facility will use water-efficient plumbing fixtures—sinks, toilets and urinals—and the new bus-wash will recycle water used to wash APT vehicles • The project will manage waste generated both by demolition and by removal of the existing building and paving, including the reuse of materials found suitable as components of the new paving. • The new buildings will be constructed using materials with significant recycled content (structural steel, exterior cladding, roofing, window frames). • New finishes will have low emitting (paints, flooring, wall base, carpet tile), and exposed polished concrete will be used in place of some applied finishes to reduce outgassing and facilitate cleaning. • Occupied rooms will benefit from windows located and sized to use daylight and offer exterior views, for employee well-being and safety. The bus maintenance bays in particular will receive a high degree of natural lighting through large transom windows and glazed overhead doors. • Occupied spaces will offer greater control of interior temperature. • Lighting will be more efficient, less costly to maintain and better balanced to match the use of individual spaces. • Both buildings have been designed in accordance with the current energy code, which requires a much higher level of performance than previous codes, and should result in considerable savings compared to earlier designs of this facility type. In addition to thick layers of wall and roof insulation, and insulated glazing and thermally blocked door and window frames, insulation has been designed to be continuous to reduce thermal bridges at transitions between façade cladding materials. Construction will be carefully phased and planned to allow for demolition of the old movie theater and construction of the new facility to allow for move in and commission in late 2018. On September 21, 2017, Augusta received four submittals in response to Bid Item # 17-250 Transit Bus Operations and Maintenance Facility. After reviewing the bids, Reeves Young LLC was found to be the lowest responsive and responsible bidder on the project. The Compliance Department-DBE office established ten 10% goal for this project Reeves Young LLC has confirmed they will meet the minimum of ten 10% goal on this project. Financial Impact:The total cost of this construction contract with Reeves Young LLC is $14,375,000. Alternatives:If not approved, it will delay the project and result in increased costs as indicated below: Rebidding the contract will result in increased costs to redo specifications Further Value Engineering will most likely result in a loss of functionality Additional cost are already being experienced due to the need to extend contract (PM Etc.) Construction market costs in Augusta are higher due to the high volume of construction scheduled to take place not only locally but also nationally Material costs are expected to rise due to the recent hurricanes. Recommendation:Approve construction contract with Reeves Young LLC. Funds are Available in the Following Accounts: This bid award for $14,375.000 will be funded through a combination of Federal Transit Administration Transit Capital Grant 5307 and 5339 Funds and local funds. The allocated funding breakdown is: Funding Source Total Split Federal Local FTA Grants $14,375,000 80/20 $11,500,000 $2,875,000 Local funds provided by TIA discretionary and SPLOST. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission