Bid Number T-2918 Central New Mexico Community College Building “A” Courtyard Renovation Albuquerque, New Mexico February 14, 2014 Project Manual MORROW REARDON WILKINSON MILLER, LTD. LANDSCAPE ARCHITECTS 210 LA VETA NE ALBUQUERQUE, NEW MEXICO 87108 (505) 268-2266 Bid Number T-2918 Central New Mexico Community College Building “A” Courtyard Renovation Albuquerque, New Mexico February 14, 2014 Project Manual MORROW REARDON WILKINSON MILLER, LTD. LANDSCAPE ARCHITECTS 210 LA VETA NE ALBUQUERQUE, NEW MEXICO 87108 (505) 268-2266 Building “A” Courtyard Renovation Central New Mexico Community College Albuquerque, New Mexico Owner: Governing Board of Central New Mexico Community College Albuquerque, NM Owner’s Project Contact: Luis Campos, Executive Director Physical Plant/Facilities Central New Mexico Community College 525 Buena Vista Drive SE Albuquerque, NM 87106 505-224-4565 [email protected] Owner’s Procurement Contact: Keith Adams, Senior Buyer Purchasing Central New Mexico Community College 525 Buena Vista Drive SE Albuquerque, NM 87106 505-224-4546 [email protected] Owner’s Project Manager: Guadalupe (Lou) Castillo, Director Construction Services Central New Mexico Community College 525 Buena Vista Drive SE Albuquerque, NM 87106 505-224-4580 [email protected] Design Professional of Record: Dennis Wilkinson, PLA Morrow Reardon Wilkinson Miller, Ltd. 210 La Veta Drive NE Albuquerque, NM 87108 505-268-2266 [email protected] Project Manager: Aaron Zahm, PLA Morrow Reardon Wilkinson Miller, Ltd. 210 La Veta Drive NE Albuquerque, NM 87108 505-268-2266 [email protected] TABLE OF CONTENTS BIDDING DOCUMENTS SECTION INVITATION FOR BID INSTRUCTIONS TO BIDDERS GENERAL TERMS AND CONDITIONS BID RESPONSE FORM AIA DOCUMENT A201-2007 WAGE RATES MODIFICATION CHANGE REQUEST FORM CHANGE ORDER FORM CONTRACTOR CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION SUBCONTRACTOR CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION 00010 00100 00150 00200 00300 00400 TECHNICAL SPECIFICATIONS SECTION ADMINISTRATIVE PROVISIONS TESTING LABORATORY SERVICES TEMPORARY FACILITIES AND CONTROLS FIELD ENGINEERING CLOSEOUT SUBMITTALS SELECTIVE DEMOLITION CONCRETE FORMWORK CONCRETE REINFORCEMENT CAST-IN-PLACE CONCRETE STRUCTURAL STEEL LIGHTGAGE METAL FRAMING METAIL RAILINGS SHEATHING ALUMINUM PLATE PANEL SYSTEM JOINT SEALANTS PAINTING & COATING EARTHWORK INTERLOCKING CONCRETE PAVERS PERMEABLE INTERLOCKING CONCRETE PAVERS LANDSCAPE IRRIGATION SYSTEM LANDSCAPE PLANTING 01 3000 01 4529 01 5000 01 7123 01 7800 02 4113 03 1100 03 2000 03 3000 05 1200 05 4000 05 5200 06 1600 07 4213 07 9200 09 9000 31 2000 32 1400 32 1413 32 8400 32 9300 CNM - BUILDING “A” COURTYARD RENOVATION TABLE OF CONTENTS SECTION 00010 INVITATION TO BID BID NUMBER: T-2918 PROJECT: Central New Mexico Community College (CNM) Building “A” Courtyard Renovation OWNER: GOVERNING BOARD OF CENTRAL NEW MEXICO COMMUNITY COLLEGE (CNM) 525 BUENA VISTA SE ALBUQUERQUE, NM 87106 OWNER'S PROCUREMENT CONTACT: KEITH ADAMS, CNM SENIOR BUYER CENTRAL NEW MEXICO COMMUNITY COLLEGE PURCHASING DEPARTMENT 525 BUENA VISTA SE, A BUILDING, ROOM #A109 ALBUQUERQUE, NM 87106 PHONE (505) 224-4546 FAX (505) 224-4548 E-mail address: [email protected] A. Invitation: You are invited to bid on a general contract, furnishing all labor and materials, including all site, architectural, structural, mechanical and electrical work as indicated on the Drawings and as specified within the Project Manual for a complete project. 1. A Mandatory Pre-bid meeting will be held on Wednesday, February 19, 2014 at 10:00 AM local time at CNM Main Campus – Building “A” Courtyard. Lou Castillo, CNM Project Manager of Facilities Planning will conduct a site visit at that time. B. Receipt of Bids: The Owner will receive sealed Bids from Bidders until 3:00 PM local Mountain time on Tuesday, March 18, 2014 at Central New Mexico Community College (CNM), Main Campus, 525 Buena Vista SE, A Building, Room #A109, Albuquerque, New Mexico, 87106. Bids received after that time will not be accepted. For informational purposes only, Bids will be opened publicly and read aloud at that time and location. All interested parties are invited to attend. C. Contract Documents: The proposed Contract Documents may be examined at the following locations. Builders News & Plan Room 3435 Princeton, N.E., Albuquerque, NM, 87107 Construction Reporter Construction News Service McGraw-Hill Construction Dodge Reed Construction Data 1609 2nd Street, N.W., Albuquerque, NM 87102 75 Centennial Blvd., Colorado Springs, CO, 80919 1615 University N.E., Albuquerque, NM 87110 8878 S. Barrons Blvd., Highlands Ranch, CO 80129 BID #T-2918; Advertised on February 16, 2014 SECTION 00010 - 1 D. The proposed Contract Documents may be modified prior to execution of the contract to reflect Owner’s decisions as to optional methods of compliance with the New Mexico Prompt Payment Act. E. Securing Documents: Bona fide general contract bidders, subcontractors and manufacturers may secure copies of the proposed Contract Documents from: Albuquerque Reprographics, Inc ATTN: Anna 4716 McLeod NE Albuquerque, NM 87109 (505) 884-0862 on the following basis: 1. General Contractors: Three (3) sets of Contract Documents may be obtained upon deposit of $75.00 per set, refundable upon return of undamaged/unmarked sets, including all addenda/amendments, within ten (10) days after receipt of bids. No partial sets will be issued. Architect will determine whether or not set is undamaged/unmarked, refunds will be mailed after sets have been checked. Checks shall be made payable to Central New Mexico Community College (CNM) Purchasing Department. 2. Mechanical and Electrical Subcontractors: One (1) set of Contract Documents may be obtained upon deposit of $75.00 per set, refundable upon return of undamaged/unmarked set, including all addenda/amendments, within ten (10) days after receipt of bids. No partial sets will be issued. Architect will determine whether or not set is undamaged/unmarked, refunds will be mailed after sets have been checked. Checks shall be made payable to Central New Mexico Community College (CNM) Purchasing Department. 3. All Other Subcontractors and Manufacturers: a. Copies of entire sets of Contract Documents may be obtained upon deposit of $75.00 per set, refundable upon return of undamaged/unmarked set, including all addenda, within ten (10) days after receipt of bids. No partial sets will be issued. Architect will determine whether or not set is undamaged/unmarked, refunds will be mailed after sets have been checked. Checks shall be made payable to Central New Mexico Community College Purchasing Department. b. Copies of portions of the Contract Documents (Technical provision sections and drawing sheets) may be obtained at a cost established by the Architect - non-refundable. If Subcontractors, and Manufacturers obtain copies of portions of Contract Documents, they shall be responsible for reading and comprehending the requirements of all portions of the Contract Documents and shall be liable for same. F. Information: Architectural and engineering firms to contact for information regarding this project are as follows: LANDSCAPE ARCHITECT: Dennis Wilkinson Morrow Reardon Wilkinson Miller, Ltd. 210 La Veta Drive NE Albuquerque, NM 87108 BID #T-2918; Advertised on February 16, 2014 505-268-2266 [email protected] SECTION 00010 - 2 ARCHITECT: 505-883-5200 [email protected] Susan Johnson FBT Architects 6501 Americas Pkwy NE Ste 300 Albuquerque, NM 87110 STRUCTURAL ENGINEER: Mike Walla Walla Engineering 6501 Americas Pkwy NE Ste 301 Albuquerque, NM 87110 505-881-3008 [email protected] ELECTRICAL ENGINEER: Fred (Bud) Telck AC Engineering Enterprises, LLC 120 Aliso Drive SE Albuquerque, NM 87108 505-681-5401 [email protected] G. Additional Information: 1. Any notice required to be given or which may be given under this Invitation to Bid or the resultant Contract shall be made to the Director of Purchasing in writing and delivered in person or via first class mail to the following address: Central New Mexico Community College (CNM) 525 Buena Vista SE “A” Building, Room A109 Albuquerque, NM 87106 END OF INVITATION TO BID BID #T-2918; Advertised on February 16, 2014 SECTION 00010 - 3 CNM Building “A” Courtyard Renovation SECTION 00100 INSTRUCTIONS TO BIDDERS PART 1 - GENERAL 1.01 GENERAL. A. The Contract shall be based upon the GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, 2007 EDITION, AIA document A201, as amended and modified in SECTION 00300. THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR, AIA form A101 shall be used in the execution of the Contract. The AIA documents as referenced above may be viewed at the office of the Architect. B. It is the Contractor's responsibility to become aware of any recent changes in legislation that might affect the form of Bid and to comply with SECTION 00300 SUPPLEMENTARY CONDITIONS, and other conditions as set forth in the Bid Response Forms. Without limitation, it is Contractor’s responsibility to be aware of and make subcontractors aware of the provisions of the Bidding Documents with respect to compliance with the New Mexico Prompt Payment Act. C. CID license recommendation: “The prime contractor/bidder shall have a GB-98 All electrical and mechanical work must be subcontracted if the prime contractor is not authorized to perform this work. The HVAC work is covered by the MM-3 or MM-98. The electrical work up to 600 volts is covered by the EE-98, and over 600 volts by the EL-01. The building renovation is covered by the GB-98. A contractor can be the prime if the classification held by the licensee covers the major portion of the work, based on dollar amount. The exception is the GB-98, who can bid as prime regardless of the percentage of work in the electrical or mechanical trades as long as there is some GB-98 work. Because there is GB-98 work involved, the GB-98 contractor could be the prime contractor regardless of the percentage of work in the electrical or mechanical trades. D. Tentative Schedule: *Bid Advertising Date: February 16, 2014 *Mandatory Pre-Bid Meeting Date: February 19, 2014 (All Contractors intending to submit a Bid for this Project must attend this meeting if the meeting is Mandatory. Failure to attend will render any submitted Bid unresponsive.) *Request for Substitutions Deadline: March 14, 2014 *Bid Questions/Clarifications Deadline: March 14, 2014 *Bid Due Date: March 18, 2014 *Bid Due Time: 3:00 PM, Local Time *Location: CNM Purchasing Office Building “A”, Room A109 525 Buena Vista SE Albuquerque, NM 87106 1.02 DEFINITIONS. A. "Bidding Documents" include the Bidding Requirements and the proposed Contract Documents. The "Bidding Requirements" consist of the Invitation to Bid, Instructions to Bidders, INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-1 CNM Building “A” Courtyard Renovation General Terms and Conditions, Bid Response Form, Supplementary Instructions to Bidders, A/E to provide State of New Mexico Department of Labor Wage Rates Decision number, Change order forms, and other sample bidding forms. The proposed "Contract Documents" consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda/Amendments issued prior to execution of the Contract. B. All definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, as amended, or in other Contract Documents, are applicable to the Bidding Documents. C. "Addenda/Amendments" are written or graphic instructions issued by the Owner prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. D. A "Bid" is a complete and properly signed bid to do the Work for the sums stipulated therein submitted in accordance with the Bidding Documents. E. "Base Bid" is the sum stated in the Bid for which the Bidder offers to perform the Work described as the base (excluding taxes), to which Work may be added, for sums stated in the Alternates, if any. F. An "Alternate" is an amount stated in the Bid to be added to the amount of the Base Bid if the corresponding change in Project scope of materials or methods of construction described in the Bidding Documents is accepted by Owner. G. A "Bidder" is one who submits a Bid for a prime contract with the Owner for the Work described in the Bidding Documents. H. A "Subcontractor" is one who submits a bid to a Bidder for materials, equipment, or labor for a portion of the Work. I. “Day” or “Days” shall mean calendar days unless specified otherwise. J. The "Owner" is Central New Mexico Community College (CNM). K. A “Responsible Bidder” is defined under NMSA 13-1-82: Definition; responsible bidder. "Responsible bidder" means a bidder who submits a responsive bid and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, construction or items of tangible personal property described the the invitation for bids. 1.03 BIDDER'S REPRESENTATIONS. A. Each Bidder, by making a Bid, represents that: 1. The Bidder has read and understands the Bidding Documents and the Bid is made in accordance therewith, and that Bidder and Bidder’s Subcontractors are familiar with and INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-2 CNM Building “A” Courtyard Renovation in agreement with the provisions of the Bidding Documents with respect to the New Mexico Prompt Payment Act. 2. The Bidder has visited the site, become familiar with the local conditions under which the Work is to be performed, and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents. 3. The Bid is based upon the materials, systems and equipment described in the Bidding Documents without exception. 4. The Bidder has carefully examined the proposed Contract Documents and the construction site to obtain first-hand knowledge of all proposed Work and all existing improvements and conditions at the site. The Bidder has made all appropriate examinations, investigations and tests and has made a provision as to the cost thereof in his Bid. 5. The Bidder is prepared to execute, deliver and perform as required by the Contract Documents. 1.04 BIDDING DOCUMENTS. A. Copies: 1. Bidders may obtain from the Albuquerque Reprographics complete sets of the Bidding Documents in the number and for the deposit sum stated in the Invitation to Bid. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten (10) days after date for receipt of Bids. The cost of replacement of any missing or damaged documents will be deducted from the deposit. A Bidder receiving a contract award may retain the Bidding Documents and his deposit will be refunded. 2. Bidding Documents will not be issued to Subcontractors or others unless specifically offered in the Invitation to Bid, or in Supplementary Instructions to Bidders. 3. Complete sets of Bidding Documents shall be used in preparing Bids; neither the Owner nor the Architect assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 4. The Owner or the Architect, in making copies of the Bidding Documents available on the above terms, do so only for the purpose of obtaining bids on the Work and do not confer a license or grant for any other use. B. Interpretation or Correction of Bidding Documents: 1. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work, if any, being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to Owner's Purchasing Department errors, inconsistencies or ambiguities discovered. INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-3 CNM Building “A” Courtyard Renovation 2. Bidders requiring clarification or interpretation of the Bidding Documents shall submit all questions about the non-technical sections of the Work to the Owner's Purchasing Department, in writing not later than five (5) days prior to the date for receipt of Bids, including any discrepancies, omissions, or ambiguities noted by any Bidder. Bidders shall submit all questions about the technical sections of the proposed Contract Documents to the Project Architect in writing not later than five (5) days prior to date for receipt of Bids, including any discrepancies, omissions, or ambiguities noted by any Bidder. If appropriate, the Owner’s Purchasing Department will issue a written Addendum which shall thereafter become part of the Bid Documents and proposed Contract Documents. No oral interpretations shall be given by the Owner or Architect and, if given, such shall not be binding upon the Owner unless reduced to a written Addendum issued by the Owner’s Purchasing Department prior to receipt of Bids. All Bids shall be responsive to and include any Addenda/Amendments issued prior to receipt of Bids. C. Brand Name or Equal Specifications: 1. The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. The brand names, part and/or catalog numbers are used to descibe the standard of quality, performance, and characteristics desired and are not intended to limit or restrict competition. Requests for substitutions will be considered as stated and outlined below in Section D, “Substitutions”. D. Substitutions: 1. No substitution will be considered prior to receipt of Bids unless written request for approval has been submitted by the Bidder and has been received by the Project Architect as required in 1.01, D, Tentative Schedule, above. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or other portions of the Work that incorporation of the substitute would require shall be included. The burden of the proof of the merit of the proposed substitution is upon the proposing Bidder. The Architect decision of approval or disapproval, after consultation with the Owner, of a proposed substitution will be final. 2. A request for a substitution constitutes a representation that the Bidder: a. Has personally investigated the proposed material, product, and/or equipment and determined that it is equal to or superior in all respects to that specified in the Bidding Documents. b. Will provide the same warranties or bonds for the substitution as for the material, product, and/or equipment specified in the Bidding Documents. c. Will coordinate the installation of an accepted substitution into the Work and make such other changes as may be required to make the Work complete in all respects. d. Waives all claims for additional costs related to the substitution. INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-4 CNM Building “A” Courtyard Renovation 3. If the Buyer approves any proposed substitution prior to receipt of Bids, such approval will be set forth in a written Addendum issued through Owner's Purchasing Department. Bidders shall not rely upon approvals made in any other manner. 4. No substitutions shall be considered after the Contract award unless specifically provided in the Contract Documents. E. Addenda/Amendments: 1. All Addenda/Amendments shall be located at Owner’s website: http://www.cnm.edu/depts/purchasing/request-for-bids. Addenda/Amendments may also be found at various plan rooms but Owner’s website is the official and governing location for this Bid and all associated Addenda/Amendments that may be issued regarding this Bid. It is the Bidder’s responsibility to monitor this site for possible amendments, changes, or other updated information related to the Bid. 2. The Owner may attempt to make all Addenda/Amendments available to all who are known by the Owner to have received a complete set of Bidding Documents, however, it remains the Bidders’ responsibility to monitor Owner’s website for all Addenda/Amendments issued regarding this Bid. 3. The Owner and/or Architect will attempt to assure that copies of Addenda/Amendments are made available for inspection at the Reprographics Company responsible for document distribution, however, it remains the Bidders’ responsitility to monitor Owner’s website for all Addenda/Amendments issued regarding this Bid. 4. Addenda/Amendments will be issued whenever convenient for the Owner. 5. Each Bidder shall ascertain prior to submitting his Bid that he has received all Addenda/Amendments issued, and all Addenda/Amendments must be acknowledged in Bidder’s Bid Response Form, Section 00200. 1.05 BIDDING PROCEDURE. A. Form and Style of Bids: 1. Where so indicated by the makeup of the Bid Response Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the written amount shall govern. 2. Interlineation, alteration or erasure of entries by Bidder on the Bid Response Form must be initialed by the signer of the Bid. 3. Bids must be submitted on the prescribed Bid Response Form without alteration (see SECTION 00200). Fill in the blank spaces neatly, in ink or typewritten. Bids shall be signed with the name and title/position of the signatory typed below the signature. If the Bid is submitted by a sole proprietorship, it shall be signed by the individual Owner. If the Bid is submitted by a joint venture or general or limited partnership, the name and address of each joint venture member or general partner must be listed by an authorized general partner or joint venture member. If the Bid is submitted by a corporation, the corporate name and business address must be given and the Bid signed by either the INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-5 CNM Building “A” Courtyard Renovation President or an authorized Vice President of the Corporation or other authorized individuals. Include the New Mexico Contractor's License Number and the resident Contractor's Certificate Number. Any written changes must be initialed by the person signing the Bid. Bids in which acceptance is in some manner restricted or conditioned by the Bidder will be reviewed by the Owner. If the limitations imposed are not in the best interest of the Owner or are prejudicial to other Bidders, the Bid will be rejected. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. 4. All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change". 5. Bidders shall make no additional stipulations on the bid form nor qualify their Bids in any other manner. 6. Bids shall be submitted in accordance with Paragraph 1.17 of these Instructions to Bidders. B. Bid Security: 1. Each Bid must be accompanied by a Bid Security in an amount of not less than five percent (5%) of the Bid. Bid Security shall be payable by a bid bond, or cashier's check payable without condition to Central New Mexico Community College (CNM), Albuquerque, New Mexico. Bid security will be returned as soon as practical after the opening of Bids and the successful Bidder has furnished the performance and payment bonds, or if no award has been made within 30 days after the opening of Bids, upon demand of the Bidder at anytime thereafter, so long as he has not been notified of the acceptance of his Bid. The Bid Security shall be given as a guarantee that the Bidder will enter into an Agreement with the Owner as provided for in the proposed Contract Documents and furnish the required payment/performance bonds and insurance certificates and endorsements if awarded for the Project. The required performance and payment bond(s), endorsements, etc. shall be delivered (or satisfactory evidence that such documents will be furnished) within ten (10) days after notification of award. If the Bidder's Bid is accepted by the Owner then, should the Bidder fail to execute the Agreement called for in the proposed Contract Documents or deliver to Owner the required bonds/insurance certificates/insurance endorsements/and other documents called for in the proposed Contract Documents, then Owner may collect on the bid bond or other bid security and recover appropriate damages and terminate any and all rights or interest of the Bidder with respect to the Project or the Work. 2. Each Bid shall be accompanied by a Bid Bond or Cashier's Check in the required form and amount pledging that the Bidder will enter into a Contract with the Owner on the terms stated in his Bid and will furnish bonds as described hereunder in Instructions to Bidders, paragraph 1.09, covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, the amount of the Bid Bond or cashiers check shall be forfeited to the Owner as liquidated damages, not as a penalty. 3. The Bond shall be issued by a surety licensed to do business in the State of New Mexico listed on the current U.S. Treasury Surety List, and acceptable to the Owner. The INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-6 CNM Building “A” Courtyard Renovation Attorney-in-Fact who executes the Bond on behalf of the Surety shall affix to the Bond a certified and current copy of his Power of Attorney. 4. The Owner will have the right to retain the Bid Security of the Bidders until either: a. The Contract has been executed and payment and performance bonds, etc. have been furnished, C. b. The specified time has elapsed so the Bids may be withdrawn; or c. All Bids have been rejected. Submission of Bids: 1. Sealed Bids and Bid Security shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened. See paragraph 1.17 of this Section 00100. 2. Bidder shall assume full responsibility for timely delivery at location designated for receipt of Bids. 3. Oral, telephonic or telegraphic (fax) Bids are invalid and will not receive consideration. D. Modification or Withdrawal of Bid: 1. A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and Bidder so agrees in submitting the Bid. 2. Prior to the time and date designated for receipt of Bids, Bids submitted early may be modified or withdrawn only by notice to the Owner at the place and prior to the time designated for receipt of Bids. a. Such notice shall be in writing over the signature of the Bidder or be by telegram; if by telegram, written confirmation over the signature of Bidder must have been mailed and postmarked on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid. 3. Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 4. Bid Security shall be in the amount sufficient for the Bid as modified or resubmitted. 1.06 CONSIDERATION OF BIDS. A. Opening of Bids: Properly identified Bids received on time will be opened publicly and will be read aloud. B. Rejection of Bids: The Owner has the right to reject any or all Bids and in particular to reject a Bid not accompanied by any required Bid Security or data required by the Bidding INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-7 CNM Building “A” Courtyard Renovation Documents or a Bid in any way incomplete or irregular. CONDITIONAL BIDS WILL NOT BE ACCEPTED. C. Acceptance of Bid: 1. The Owner has the right to waive any informality or irregularity in any Bid received and to accept the Bid which, in the Owner's sole judgment, is in the Owner's own best interests. 2. It is the intent of the Owner to award a Contract to the lowest Responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available, and further provided that the Responsible Bidder meets the qualifications requirements as noted in Article 1.07 below and is found by Owner, in Owner’s sole judgment, to be properly qualified to carry out the obligations of the Contract and to complete the Work contemplated herein. Note: The Contract award shall be contingent upon approval by Owner's Governing board. 3. If the Owner wishes to accept any Alternates, then the Contract Award will be made to that Responsible Bidder submitting the low combination of Base Bid and Alternates accepted, provided that the Responsible Bidder meets the qualifications requirements as noted in Article 1.07 below and is found by Owner, in Owner’s sole judgment, to be a Responsible Bidder and properly qualified to carry out the obligations of the Contract and to complete the Work contemplated in this Bid. 1.07 QUALIFICATIONS OF BIDDER. A. The Owner may make any investigations it deems necessary to determine whether or not Bidder is a Responsible Bidder and to determine the ability of the Bidder to perform the Work. Bidders shall furnish the Owner all such information and data for this purpose as the Owner may request. B. Using the form provided in Section 00200, Bid Response, All Bidders shall provide three (3) references for previous work performed within the previous twenty four (24) months that is relevant or similar to the Work called for in this Bid. List references with institutes of public education, higher education, commercial facilities, municipalities, non-profit and/or community organizations and/or financial institutions. If Bidder has previously worked with Owner, Bidder may include such work in its reference list but the Owner reference should be in addition to, and not one of the three (3) required references. Bidder’s references shall include: *Reference's name, *Reference's representative who served as the day-to-day liaison during planning, design, and/or construction of the project, and *Reference’s representative's telephone, fax numbers and email addresses. mandatory. All are *Project Name *Project Value Owner is not limited to the references provided by Bidders. Owner may, at its own discretion, obtain references from parties other than those provided by Bidders and such INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-8 CNM Building “A” Courtyard Renovation references shall be taken into consideration by Owner when determining whether or not Bidder is a Responsible Bidder and to determine Bidders’ qualifications to perform the Work required by this Bid. Bidders are strongly recommended to verify reference phone numbers, fax numbers, email addresses and contact names for accuracy. Owner will not be responsible for obtaining updated or corrected reference information. Submission of incorrect or no information for references may have an impact on Owner’s assessment of Bidder’s determination as a Responsible Bidder and Bidder’s qualifications to perform the Work in this Bid, up to and including disqualification and rejection of Bid. C. The Owner reserves the right to reject any Bid if, in the Owner’s sole judgment, the evidence submitted by, or investigation of such Bidder fails to satisfy the Owner that Bidder is a Responsible Bidder and is qualified to carry out the obligations of the Contract and to complete the Work contemplated herein. 1.08 SUB-CONTRACTORS. A. Listing: 1. Subcontractors: a. The Bidder shall list the subcontractors he proposes to use for all trades or items on the Bid Response Form. The listing of subcontractors shall be in accordance with the New Mexico Subcontractors Fair Practices Act, sections 13-4-31 through 13-4-42 NMSA 1978 (1992 Repl.) (the "Fair Practices Act"). The Bidder shall list all subcontractors and their place of business for trades listed on the form that fall above the listing threshold for this Project (see paragraph 1.16 of these Instructions to Bidders). The Bidder shall use the firm listed, or themselves if "General Contractor" has been listed, unless a request for a change or substitution is approved by the Owner for any reason as outlined herein. The successful Bidder shall identify all subcontractors to the Owner, in writing, within 30 days of execution of the Contract. b. The Architect and Owner shall consider any request for a change in the listed firms if the Bidder can furnish evidence of being able to perform the work in a manner more satisfactory and beneficial to both the Owner and the Bidder by not using the listed firm, or as otherwise set forth in the Fair Practices Act. Satisfactory reasons for a substitution may include, with respect to the Subcontractor, bankruptcy or insolvency, the inability to bond, or lack of evidence of being able to furnish acceptable materials on schedule. Also, if the Bidder has made an inadvertent clerical error in listing a low subcontractor, a request for substitution, made after the Bid opening will be considered. The proof of error must be conclusive based upon the approval of said evidence by the listed subcontractor and/or any other confirmation satisfactory to the Architect and Owner. c. The Bidder shall not list itself as the subcontractor for any trade unless he has previously performed work of this type or can prove to the Architect's and Owner’s satisfaction that he actually has, or will obtain, fully adequate facilities and plans to perform the Work with his own forces. INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-9 CNM Building “A” Courtyard Renovation d. Omission or non-compliance with the intent of the Subcontractor Listing Form will be grounds for considering a Bid as non-responsive. e. The apparent low Bidder's Subcontractors Listing Form will be read following the Bid opening upon request. 2. The Bidder will, upon request, be required to establish to the satisfaction of the Architect and the Owner the reliability and responsibility of the proposed Subcontractors to furnish and perform the Work described in the Sections of the Specifications pertaining to the proposed Subcontractors respective trades. 3. Prior to the award of the Contract, the Architect will notify the Bidder in writing if either the Owner or the Architect, after due investigation, has objection, in the Architect’s or Owner’s sole judgment, to any person or organization on such list, and refuses in writing to accept such person or organization. Thereupon, the Bidder may, at his option: a. Withdraw their Bid; or b. Submit an acceptable substitute Subcontractor. In the event of withdrawal under this Subparagraph, Bid Security will not be forfeited. 4. Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. 1.09 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. A. Security of Faithful Performance: The Bidder shall furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder in an amount equal to one hundred percent (100%) of the Contract Sum including all Addenda/Amendments, applicable taxes and with such sureties secured through the Bidder's usual sources, licensed to do business in the State of New Mexico and as may be agreeable to the parties. The cost of such bonds shall be included in the Bid. B. Time of Delivery and Form of Bonds: 1. The Bidder shall deliver the required bonds to the Owner not later than the date of the execution of the Contract, or if the Work is commenced prior thereto in response to a letter of Notice to Proceed, the Bidder shall, prior to commencement of Work submit evidence satisfactory to the Owner that such bonds will be furnished. 2. The bonds shall be written on the AIA Document A311, Performance Bond and Labor and Material Payment Bond and shall be dated on or after the date of the Contract. 3. The Bidder shall require the Attorney-in-Fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of his Power of Attorney. 1.10 SUBCONTRACTOR PAYMENT AND PERFORMANCE BONDS. INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-10 CNM Building “A” Courtyard Renovation A. Senate Bill 207 (“SB 227”) (effective July 1, 2007) modifies the New Mexico Procurement Code to require that subcontractors whose contract for work to be performed on a project is One Hundred Twenty Five Thousand Dollars ($125,000.00) or more are required to provide a payment and performance bond. Contractors performing work on CNM Projects shall comply with SB 207 as follows: 1. All entities and persons doing business with CNM shall comply with SB 207. 2. Any subcontractors whose work to be performed on a CNM Project is $125,000.00 or more must provide payment and performance bonds. 3. Subcontractor is defined as a contractor who contracts directly with the general contractor (hereinafter “First Tier Subcontractor”). 4. CNM requires payment and performance bonds from all First Tier Subcontractors whose contracts, as determined by their bids submitted on bid day, are $125,000.00 or more. 5. The First Tier Subcontractor shall include in their payment and performance bond amounts, monies for any contractors, subcontractors with whom they contract for any CNM Project. 6. The subcontractor payment and performance bonds shall be issued by a corporate surety authorized to do business in New Mexico in accordance with the New Mexico Insurance Code, shall be sureties listed in the most current U.S. Treasury Circular 570, and shall name both the prime/general contractor and Central New Mexico Community College (CNM), as obligees. 7. The performance and payment bonds required under this section shall be provided to the general contractor at the time the subcontract is executed. The general contractor is required to provide CNM with certified copies of payment and performance bonds for all subcontracts of $125,000.00 or more prior to the (general contractor/subcontractor) starting work on any CNM Project. 8. The payment and performance bond shall be in the amount 100% of the subcontractor’s contract as determined by the bid submitted by the subcontractor on bid day. 9. The payment and performance bonds required by this section shall be provided at the expense of the subcontractor, who may include the bond premium in their bid. CNM will not pay additional monies, over and above the bid amount, for payment and performance bonds. 10. Nothing in this section relieves the general/prime contractor from its obligation to provide payment and performance bonds pursuant to N.M. Stat. Ann. §§ 13-4-18 and 19, New Mexico’s Little Miller Act. 11. The subcontractor payment and performance bonds required by this section shall be provided on AIA surety bond forms AIA document A312 or other acceptable form. 1.11 TIME OF COMPLETION AND LIQUIDATED DAMAGES. INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-11 CNM Building “A” Courtyard Renovation A. Bidder must agree to commence work on or before a date specified in a written Notice to Proceed issued by the Owner. B. The Bidder must agree to complete the Project within 120 consecutive calendar days thereafter. C. The Owner will suffer financial loss if the Project is not substantially complete on the date set forth on the Contract Documents. The Bidder (and his surety) shall be liable for and shall pay to the Owner, not as a penalty, but as fixed, agreed upon liquidated damages, the amount of $500.00 per calendar day of the delay after the Contract completion date until the Work is determined by the Architect to be substantially complete, and as set forth in paragraph 1.43A of these Instructions to Bidders. 1.12 UTILIZATION OF SMALL AND MINORITY BUSINESS ENTERPRISES. It is the policy of the Owner that Small and Minority Business Enterprises shall have the opportunity to participate in the award of contracts by the Owner. The Bidder hereby agrees to carry out this policy in the awarding of subcontracts consistent with the efficient performance of the Contract, if received. Bidders acting in good faith may rely on the written representations by their Subcontractors as to business size and type. 1.13 RESIDENT CONTRACTOR AND MATERIALS PREFERENCE AND CRIMINAL LAWS. Resident Bidders shall be given preference on award of the contract in accordance with State requirements for public works contracts. Materials produced, grown, processed or manufactured in New Mexico by citizens or residents of New Mexico shall be given preference on award of the Contract in accordance with State requirements for public works contracts. New Mexico Criminal Laws prohibit bribes, gratuities and kick-backs. 1.14 TAXES. Bidder should be aware of the New Mexico Gross Receipts Tax (NMGRT). Do not include NMGRT in your Base Bid. Provision for reimbursement of these taxes are provided in the Supplementary Conditions (See SECTION 00300). 1.15 INSURANCE. Contractor's insurance requirements are set out in the GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, 2007 EDITION, AIA document A201, as amended and modified by CNM in SECTION 00300. Five (5) signed copies of all required certificates, endorsements, or other evidence of insurance must be delivered to Owner as provided in the bid documents. Insurance certificates must show CNM as "additional insured". Document’s must reference this bid number on the face of the insurance cerificate. 1.16 SUBCONTRACTORS (NEW MEXICO SUBCONTRACTORS FAIR PRACTICES ACT). Names of subcontractors providing over $5,000.00 of the total project cost, not including alternates, whichever is greater, shall be listed on the Bid Response Form, pursuant to the New Mexico Subcontractors Fair Practices Act. There shall be only one subcontractor listed for each classification. If a contractor fails to receive a bid for a category of work, he shall designate on the Bid Response Form that no bid was received. If a contractor fails to receive more than one bid for a category of work, he shall state on the Bid Response Form that only one subcontractor’s bid was received, together with the name of the subcontractor. This designation shall not occur more than one time on the subcontractor list. If a contractor fails to specify a subcontractor in excess of the listing threshold and he does not state that no bid was received or that only one bid was received, he represents that he is fully qualified to perform that portion of the work himself and that he shall perform that portion of the work himself. If after the award of the Contract, the Contractor subcontracts any portion of the Work, except as provided in the Subcontractor Fair INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-12 CNM Building “A” Courtyard Renovation Practices Act, the Contractor shall be guilty of violation of the Subcontractor Fair Practices Act and subject to the penalties provided therein. The Owner reserves the right to disqualify subcontractors in accordance with the Conditions of the Contract. Contractor may not change any of the subcontractors so listed without Owner's consent. Owner's right to object following Notice of Award and execution of the Agreement to any subcontractor listed shall be as provided in the proposed Contract Documents (particularly Article 5 of the General Conditions). Should Owner object to any listed subcontractor prior to the Notice of Award, and Contractor fails to promptly secure an alternative subcontractor acceptable to Owner, then such shall be a basis for Owner rejecting a Bid as unresponsive. 1.17 SUBMITTALS. Deliver Bid Response Form, Bid Security, Debarment/Suspension Status and Non-Collusion Affidavit Form, and Subcontractor Listing in an opaque sealed envelope to the location identified in the Invitation to Bid. Identify the envelope with the project name, Bid number, name of the Bidder, and the time and date of the Bid opening on the bottom left hand corner of the envelope. Each Bid must be submitted on the prescribed form. All blank spaces for Bid prices must be filled in with ink or typewritten. Corrections shall be initialed in ink by person signing the Bid. 1.18 BID OPENING. Bids will be opened and publicly read aloud. Bids received after the time and date established by the Bid opening shall be returned unopened. The reading of Bids is for information only and is not to be construed as acceptance or rejection by the Owner. 1.19 PROTEST. Any bidder, offerer or Contractor who is aggrieved in connection with a procurement action may protest to the Director of Purchasing at the Owner. The protest shall be submitted in writing within 15 calendar days after the fact or occurrences giving rise thereto. 1.20 AWARD. The award shall be contingent upon approval by Owner's Governing Board. Owner reserves the right 1) to award the Bid based upon the Base Bid only or any combination of Base Bid and Alternate(s) (note that the listed order of Alternates, if any, is not prioritized); 2) to reject any or all Bids or any part thereof; 3) to waive any informality in any Bid; and 4) to accept the Bid that is in the best interest of the Owner. Owner’s determination that Bidder is a Responsible Bidder and that Bidder has the qualifications to satisfactorily complete the Work called for in the Bid, as determined by Owner and in Owner’s sole judgment, shall be an integral component in deciding the award of the Bid. It is the responsibility of the Bidder to inquire as to Bid results and the status of any subsequent award(s). 1.21 DISQUALIFICATION. The Owner reserves the right to disqualify Bids, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder. The Procurement Code, Section 13-1-28 through 13-1-99 NMSA, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kick backs. Owner further reserves the right to disqualify the apparent low Bidder if Owner determines, in its sole judgment, that the apparent low Bidder is not a Responsible Bidder. Owner further reserves the right to award the project to the next apparent low Bidder if that Bidder is determined to be a Responsible Bidder. A similar determination of Responsible Bidder will be made. 1.22 CONTINUED QUALIFICATIONS OF BIDDERS. The Owner may make any investigations it feels necessary to determine whether or not Bidder is a Responsible Bidder and has the qualifications and ability to perform the Work. Bidder shall furnish to the Owner all information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of the Bidder fails to satisfy the INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-13 CNM Building “A” Courtyard Renovation Owner, in Owner’s sole judgment, that such Bidder is a Responsible Bidder and is qualified to carry out the obligations of the Contract and to complete the Work described therein. Bidder shall also construe this provision to incorporate any necessary investigation and/or monitoring during the life of any resulting Contract to enforce any current policy of the Owner's Governing Board such as, but not limited to, no smoking, no alcoholic beverages, no drugs and no firearms on the Owner's property; and no demonstration of language or gestures which may be construed as sexual or racial harassment or offensive to students, employees or guests of the Owner. As a general rule, any such regulation or law applying to the Owner's personnel shall be deemed to be in force for Bidder's workforce occupying any work site. 1.23 EXECUTION OF CONTRACT/COMPLIANCE WITH BID INSTRUCTIONS. If the Bidder's Bid is accepted by Owner, such Bidder shall execute the Contract Documents and provide the instruments/documents called for in the Bidding Documents within ten (10) days after the Notice of Award, subject to forfeiture of its Bid security if such is not timely done. Bidder further acknowledges his understanding of the payment/performance bond requirements and insurance requirements called for in the Bidding Documents. 1.24 PLAN CHECKING & PERMIT FEES. Each Bidder shall include as part of the Bid any Plan Checking Fee & Permit Fee as charged by the City of Albuquerque (or any other applicable entity or agency with jurisdiction over the Project) for checking plans prior to obtaining a Building Permit and all costs incurred for permits relating to this Scope of Work. The Owner does not pay for business licenses, professional affiliations and similar costs of doing business which are the Bidder's obligation to secure and maintain. The cost of all bonding will be paid by the Bidder and will not be paid by the Owner. Include these costs in your bid. 1.25 STATE WAGE RATES. It is the Bidder's responsibility to acquaint himself with and comply with State Regulations regarding payment of wages on public projects. Wage rates as established by the New Mexico State Labor and Industrial Commission are attached and will be paid by the Bidder and all subcontractors. Compliance is a part of the Bid. The Bidder and all subcontractors shall pay all persons employed on the site of the Project, unconditionally and not less often than once a week, and without subsequent unlawful deduction or rebate on any account, the full amount accrued at time of payment, computed at wage rates not less than those stated in the attached wage rates in SECTION 00400 provided by A/E. In the event it is found by the State Labor Commission, that any person employed by the Bidder or any subcontractor on the site of a Project covered by any resulting Contract has been or is being paid, as a result of a willful violation, a rate of wages less than the rate of wages required by the contract, the Owner may, by written notice to the Bidder and his or her subcontractor (if the violation involves a subcontractor) terminate their right to proceed with the Work, or such part of the Work as to which there has been a willful failure to pay the required wages, and the Owner may prosecute the Work to completion by contract or otherwise, and the Bidder and his sureties shall be liable for any excess cost occasioned thereby. Any party receiving notice of termination of his contract or subcontract under the provisions of this section may appeal the finding to the State Labor Commissioner as provided in the Public Works Minimum Wage Act. 1.26 PUBLIC WORKS APPRENTICESHIP AND TRAINING ACT. The Bidder, by submitting a Bid, agrees to make contributions to approved apprentice and training programs in New Mexico in which the Bidder is a participant or to the public works apprentice and training fund administered by the Public Works Bureau of the Labor and Industrial Division of the New INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-14 CNM Building “A” Courtyard Renovation Mexico Labor Department, all as required pursuant to the New Mexico Public Works Apprentice and Training Act, Section 13-4D-1 et seq. NMSA 1978 (1992 Repl.). 1.27 CLEAN UP. It is the Bidder's responsibility that the job site be kept clean and free of debris while Work is performed under any resulting Contract. Upon completion of the Work, all areas shall be cleared of all Bidder's and subcontractors' equipment, excess materials and debris. 1.28 CONFLICT OF INTEREST. Bidder warrants that it presently has no interest and shall not acquire any interest directly or indirectly which would conflict in any manner or degree with the performance of services required under these Bidding Requirements. 1.29 CONSTRUCTION RECORD DRAWINGS. The successful contractor will be required to provide the Owner, upon completion of the work, three (3) sets of record drawing(s) showing any changes from the contract drawings (especially electrical, plumbing, utility lines, etc.) added or affected by the work the contractor has performed, unless provisions for pre-approval of drawings is contained elsewhere in these Bidding Documents. 1.30 DAMAGE AND SECURITY OF OWNER'S PROPERTY. The Bidder shall be responsible for all damage to persons or property that occurs as a result of his fault or negligence, or that of any of his employees, agents and/or subcontractors. He shall save and keep harmless the Owner against any and all loss, cost, damage, claims, expense or liability (including court costs and attorneys' fees) in connection with the performance of any resulting Contract. Any equipment, electrical conduit, or facilities damaged by the Bidder's operations shall be repaired and/or restored to their original condition at the Bidder's expense, including but not limited to cleaning and painting. The Bidder shall be responsible for security of all his equipment and for the protection of Work done under any resulting Contract until final acceptance of the Work. 1.31 DISRUPTION OF NORMAL ACTIVITY. CNM must remain in operation during construction. All work shall be performed so as not to interfere with normal activities of the Owner and the staff and students of the Owner. When it is necessary to disrupt normal activities, the schedule of Work and areas to be affected must be approved by the Owner's authorized representative prior to commencement of the Work. 1.32 EMPLOYEE CERTIFICATION. The Bidder and all Bidder's employees utilized on the Work to be performed under the Contract must have the proper certification(s) and license(s) to comply with State and local requirements connected to any resulting Contract. 1.33 EQUIPMENT REQUIRED. The Bidder shall be responsible for supplying and maintaining all equipment and materials necessary to complete the Work under any resulting Contract except as otherwise noted in the Specifications. 1.34 GOVERNING LAW. These Bidding Documents will be interpreted and governed by the laws of the State of New Mexico. 1.35 INSPECTIONS. The Bidder shall be responsible for securing at his expense, all required inspections to comply with Federal, State and/or local regulations governing the Work performed under any resulting Contract. 1.36 LICENSES/PERMITS/EASEMENTS. The Bidder shall be responsible for obtaining, at his expense, all permanent easements, public utility easments, right-of-ways, accesses, licenses, permits, and utility locations required to perform the Work under any resulting Contract. INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-15 CNM Building “A” Courtyard Renovation 1.37 NEW MATERIALS REQUIRED. Unless otherwise specified, all materials and equipment delivered and/or installed under any resulting Contract shall be new and be the standard products of a manufacturer regularly engaged in the production of the materials and equipment. Where two (2) or more units of the same class of materials and/or equipment are required, the units shall be the products of the same manufacturer. Any manufacturer's data supplied with the item(s) shall be submitted to the Owner's authorized representative. 1.38 OSHA REGULATIONS. The Bidder shall abide by Federal Occupational Safety and Health Administration (OSHA) regulations and the State of New Mexico Environmental Improvement Board occupational health and safety regulations that apply to the Work performed under any resulting Contract. The Bidder shall defend, indemnify and hold the Owner free and harmless against any and all claims, loss, liability and expense resulting from any alleged violation(s) of said regulation(s) including but not limited to, fines or penalties, judgments, court costs and attorneys' fees. 1.39 POTENTIAL COST-UNSPECIFIED. The Bidder shall include in his Bid all material and labor costs known to be required to complete the Work under any resulting Contract including any materials, labor or other costs that are not specifically identified in the Specifications. 1.40 REPLACEMENT PARTS. The quality of all replacement parts shall be equal or greater than the quality of the original parts being replaced. All replacement parts shall be new unless otherwise agreed to in writing. 1.41 SITE FAMILIARITY. The Bidder shall be responsible for thoroughly inspecting the Project site and Work to be done prior to submission of a Bid. Bidder shall not be entitled to any additional compensation or any extension of the Contract Time for conditions which can be determined by examining the site and the proposed Contract Documents. There shall be no allowance for anticipated profits. The failure of the Bidder to be fully informed regarding the requirements of any resulting Contract will not constitute grounds for any claim, demand for adjustment or the withdrawal of a Bid after the opening. 1.42 STATE AND LOCAL ORDINANCES. The Bidder shall perform Work under any resulting Contract in strict accordance with the latest adopted version of all state and local codes, ordinances, and regulations governing the work involved. All materials and labor necessary to comply with the rules, regulations and ordinances shall be provided by the Bidder. Where the drawings and/or specifications indicate materials or construction in excess of the code requirements, the drawings and/or specifications shall govern. The Bidder shall be responsible for the final execution of the Work to meet these requirements. In the event of a conflict between various codes and standards, the more stringent shall apply. 1.43 CONTRACTOR SCHEDULE REQUIRED. The Bidder shall provide prior to signing the Contract a proposed schedule for completion of Work. It should contain an itemized break out of all major items and projects and include testing dates, if applicable Schedule shall be reviewed by owner and adjustments to meet utility shut downs, hours of operation. 1.44 COMMENCEMENT DATE / SUBSTANTIAL COMPETION DATE. The Commencement Date will not be later than ten (10) days after written notice to proceed and will be established by issuance of a Purchase Order (PO). The allowed total duration for construction will be 120 consecutive calendar days. INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-16 CNM Building “A” Courtyard Renovation 1.45 THE CONTRACTOR AND SUBCONTRACTORS. The Bidder and each subcontractor shall to the best of their abilities, provide and install materials that are ASBESTOS-FREE. Any material violating any applicable federal, state or local laws or regulations covering asbestos must be removed by a licensed asbestos abatement contractor and replaced with non-asbestos containing material at no cost to the Owner. The area where such work is conducted will be returned to its substantially complete condition. Such replacement action will be in effect for the period of construction and continue through the entire warranty year. 1.46 GENERAL TERMS AND CONDITIONS. The Owner's General Terms and Conditions are an equal and integral part of these Bidding Documents (see SECTION 00150). 1.47 STATUS OF CONTRACTOR. The Bidder is an independent contractor performing services for the Owner and neither he nor his agents or employees shall, as a result of this agreement, accrue leave, retirement, insurance, bonding authority, use of the Owner's vehicles, or any other benefits, prerequisites or allowances normally afforded only to employees of the Owner. The Bidder acknowledges that all sums received under the Contract are personally reportable by him for income, self-employment and other applicable taxes. 1.48 WORKMANSHIP/COOPERATION. All Work shall be done in a neat, workman-like manner using acceptable equipment and methods. The Bidder will cooperate with the Owner and other contractors and coordinate his Work involving other contractors through the Owner's authorized representative. 1.49 GENDER REFERENCES. All references contained in these Bidding Documents to any gender shall be construed to include both genders. 1.50 NO THIRD PARTY BENEFITS. None of the Bidding Documents are intended for the benefit of any party other than the Owner and shall convey no other legal interest to any party not a party thereto. 1.51 LIMITATION ON INDEMNIFICATION PROVISIONS. Notwithstanding any provision to the contrary contained in any of the Bidding Documents, no agreement to indemnify contained in any of the Bidding Documents shall extend to liability, claims, damages, losses or expenses, including attorneys' fees arising out of: a. the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications by the indemnified party, or the agents or employees of the indemnified party; or b. the giving of or failure to give directions or instructions by the indemnified party, or the agents or employees of the indemnified party, where such giving or failure to give directions or instructions is the primary cause of bodily injury to persons or damage to property. 1.52 TIME OF ESSENCE. Time is of the essence to each of the Bidding Documents. 1.53 CAPTIONS. The headings contained in these Bidding Documents are for convenience of reference only and shall not be used to construe or interpret any of the provisions of these Bidding Documents. END OF SECTION 00100. INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS Bid #T-2918. Advertised February 16, 2014 Copyright CNM, 2013. All rights reserved. 00100-17 CENTRAL NEW MEXICO COMMUNITY COLLEGE SECTION 00150 GENERAL TERMS AND CONDITIONS 1. Inspection and Audit. a. CNM may inspect, at any reasonable time, any part of Seller's plant or place of business which is related to performance of this Purchase Order. Acceptance of delivery shall not be considered acceptance of the materials, supplies or services furnished. Final inspection of product and services will be made at the destination. Any testing or inspection procedures required by the specification are in addition to CNM's rights under this paragraph. b. The Contractor shall maintain detailed time records which indicate the date, time and nature of services rendered. Contractor shall maintain detailed records of all materials or supplies delivered to CNM under this Purchase Order, including serial numbers and other appropriate identifiers. These records shall be subject to internal and external audit. CNM shall have the right to audit billings both before and after payment. Payment under the resultant Agreement shall not preclude CNM from recovering excessive, erroneous or illegal payments previously made to the Contractor. 2 Warranties. Seller warrants the materials, supplies or services furnished to be exactly as specified in this order, free from defects in Seller's design, labor, materials and manufacture, and to be in compliance with any drawings or specifications incorporated herein and with any samples furnished by Seller. All applicable UCC warranties, express and implied, are incorporated herein. 3. Acceptance and Rejection. If prior to final acceptance, any materials, supplies or service are found to be defective or not as specified, or, if CNM is entitled to revoke acceptance of them, CNM may reject or revoke acceptance, require Seller to correct without charge within a reasonable time, or require delivery at an equitable reduction in price at CNM's option. Seller shall reimburse CNM for all incidental and consequential costs related to unaccepted materials, supplies or service. Notwithstanding final acceptance and payment, Seller shall be liable for latent defects, fraud, or such gross mistakes as amount to fraud. Acceptance of performance shall not waive CNM's right to claim damages for breach. 4. Assignment. This order is assignable by CNM. Except as to any payment due hereunder, this order is not assignable by Seller without written approval of CNM. 5. Changes. CNM may make changes within the general scope of this order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of, or the time required for performance of this order, an appropriate equitable adjustment shall be made. No change by Seller shall be recognized without written approval of CNM. Any claim of Seller for an adjustment under this paragraph must be made in writing within thirty (30) days from the date of receipt of Seller of notification of such change, unless CNM waives this condition. Nothing in this paragraph shall excuse Seller from proceeding with performance of the order as changed hereunder. 6. Termination and Delays. CNM, by written notice stating the extent and effective date may terminate this order for convenience in whole or in part, at any time. CNM shall pay Seller as full compensation for performance until such termination: (1) the unit or pro rata order price for the delivered and accepted portion; provided, however, compensation hereunder shall in no event exceed the total order price. Such amount will be limited to Seller's actual cost and may not include anticipated profits. CNM may terminate this order by written notice in whole or in part for Seller's default if Seller refuses or fails to comply with the provision of this order, or fails to make progress so as to endanger performance and does not cure such failure within a reasonable period of time. In such event, CNM may otherwise secure the materials, supplies or services ordered, and Seller shall be liable for damages suffered by CNM, including incidental and consequential damages. If, after notice of termination, CNM determines Seller was not in default, or if Seller's default is due to failure of CNM, termination shall be deemed for the convenience of CNM. The rights and remedies of CNM provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this order. As used in this paragraph, the word "Seller" includes Seller and its subsuppliers at any tier. 7. Affirmative Action. Seller shall not discriminate with regard to hiring, termination or other incidents of employment on the basis of race, sex, national origin, religion, age or handicap. Seller agrees to: a) adhere to the principles set forth in Executive Order 11246 and 11375, and to undertake specifically to maintain employment policies and practices that affirmatively promote equality of opportunity for handicapped persons, minority group persons and women; b) take affirmative steps to hire and promote women and minority group persons at all job levels and in all aspects of employment; c) communicate this policy in both English and Spanish to all persons concerned within the company, with outside recruiting services and the minority community at large; d) provide CNM on request a breakdown of labor force by ethnic group, sex, and job category; and e) discuss with CNM its policies and practices relating to its affirmative action program. 8. Indemnification and Insurance Seller assumes the entire responsibility and liability for losses, expenses, damages, demands and claims in connection with or arising out of any actual or alleged personal injury (including death) and/or damage or destruction to property sustained or alleged to have been sustained in connection with or arising out of the performance of the work by Seller, its agents, employees, subcontractors or consultants, except to the extent of liability arising out of the negligent performance of the work by or willful misconduct of CNM. In any event, CNM's liability shall be subject to the limitations of the New Mexico Tort Claims Act. Seller shall indemnify and hold harmless CNM, its officers, agents, and employees from any and all liability for such losses, expenses, damages, demands, and claims and shall defend any suit or action brought against any or all of them based on any actual or alleged personal injury or damage and shall pay any damage costs and expenses including attorneys fees, in connection with or resulting BID #T-2918; Advertise February 16, 2014 Copyright CNM, 2014. All rights reserved. from such suit or action. Seller agrees that it and its subcontractors will maintain public liability and property damage insurance in reasonable amounts covering the above obligation and will maintain workers' compensation coverage covering all employees performing this order. 9. Patent and Copyright Indemnity. Seller shall pay all royalty and license fees relating to deliverables and other items covered hereby. In the event any third party shall claim that the reproduction, manufacture, use, or sale of goods or items covered hereby infringes any copyright, trademark, patent, or other intellectual property rights, Seller shall indemnify and hold CNM harmless from any cost, expense, damage, or loss resulting therefrom. 10. Discounts. Any discount time will not begin until the materials, supplies, or services have been received and accepted and correct invoice received by CNM's Purchasing Department. In the event testing is required, the discount time shall begin upon the completion of the tests. 11. Penalties. The Procurement Code, Section 13-1-28 et seq., imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks. 12. Title and Delivery. Title to the materials and supplies passed hereunder shall pass to CNM at the F.O.B. point specified subject to the right of CNM to reject upon inspection. For any exception to the delivery date specified, Seller shall give prior notification and obtain approval from CNM's Purchasing Department. Time is of the essence and the order is subject to termination for failure to deliver on time. 13. Payment Charges. Late payment charges shall be paid in the amount and under the conditions stated in Section 13-1-158, NMSA 1978. 14. Other Applicable Laws. Any provision required to be included in a contract of this type by any applicable and valid Executive order, federal, state or local law, ordinance, rule or regulation shall be deemed to be incorporated herein. 15. OSHA Regulations. The contractor shall abide by Federal Occupational Safety and Health Administration (OSHA) regulations and the State of New Mexico Environmental Improvement Board occupational health and safety regulations that apply to the work performed under this Invitation. ALL PRODUCTS CONTAINING HAZARDOUS SUBSTANCES MUST BE PROPERLY LABELED AND ACCOMPANIED BY MATERIAL SAFETY DATA SHEETS. The contractor shall defend, indemnify and hold CNM free and harmless against any and all claims, loss, liability and expense resulting from any alleged violations of said regulations including but not limited to fines, penalties, judgments, court costs and attorney fees. 16. Debarment/Suspension. In performing the services and/or furnishing the goods specified within this purchase order, the vendor/contractor certifies that it is not suspended, debarred or declared ineligible from entering into contracts with the Executive Branch of the Federal Government, any State agency or local public body; nor is in receipt of a notice of proposed debarment or suspension from the Executive Branch of the federal Government, any State agency or local public body. 17. Applicable Law. Each party acknowledges that the New Mexico Procurement Code, NMSA 1978 13-1-28 through -199, as amended, applies to every CNM purchase or contract agreement of tangible personal property, services and construction, including participation made pursuant to this purchase order. Further, each party acknowledges that it will be responsible for claims or damages arising from personal injury or damage to persons or property to the extent they result from negligence of its employees or agents and that the liability of CNM shall be subject in all cases to the immunities and limitation of the New Mexico Tort Claims Act, NMSA 1978 41-4-1 through -2 7, as amended. SECTION 2 GOVERNMENT SUBCONTRACT PROVISIONS If this order is subcontract under a U.S. Government Prime Contract, the applicable clauses listed below are incorporated into, and form a part of, the terms and conditions of this order. In the event of any conflict between the terms and condition of Section 2 and any other provisions of this order the terms and conditions of Section 2 shall prevail. The clauses contained in the following paragraphs of the Federal Acquisition Regulations are incorporated herein by reference. For purposes of this Purchase Order, in the following clauses, the term "contract" shall mean "this order", the term "contractor" shall mean "Seller" and the term "Government" and "Contracting Officer" shall mean "Albuquerque CNM" and the "Director of Purchasing," respectively. The following provisions of the Federal Acquisition Regulations (FAR) apply regardless of the amount of this order: * Anti-kickback Procedures: 52.203-7 Buy American Act and Balance of Payments Program 52.225-7001 * Contract Work Hours and Safety Standards Act-Overtime Comp. 52.222-4 * Equal Employment Opportunity 52.222-26 Integrity of Unit Prices 52.215-26(a)(b) Notice to the Government of Labor Disputes 52.222-1 SECTION 00150 –1 Preference for U.S. Flag Air Carriers (For internal air travel) 52.247-63 Restriction on Subcontractor Sales to the Government 52.203-6 Service Contract Act of 1965 (Reserved) 52.222-41 * Termination for Convenience of Government (Education and other Nonprofit Institutions) 52.249-5(a)(f) CNM reserves all administrative, contractual, and legal remedies against Seller in case of any breaches of the contract. * On contracts funded by federal grants, only the Special Terms and Conditions clauses identified by the asterisk (*) are incorporated into this contract. BID #T-2918; Advertise February 16, 2014 Copyright CNM, 2014. All rights reserved. SECTION 00150 –1 SECTION 00200 BID RESPONSE FORM - BID FOR LUMP SUM CONTRACT Contractor's License No(s). ____________________ Resident Preference No.___________________ Resident Veterans Business Preference Number _________________________________________ Labor Enforcement Fund Registration Number _________________________________________ (hereinafter called the Bidder), organized and existing Bid of under the Laws of the State of , a [corporation], [partnership] or [an individual] doing business as ___________________________________________________________________________________.. To the Board of the Central New Mexico CNM (hereinafter called the Owner). Ladies and Gentlemen: The Bidder in compliance with your Invitation to BID #T-2918 for “Building “A” Courtyard Renovation”, has examined the Drawings and Project Manual with Bidding Documents and the site of the proposed Work, and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of materials and supplies, and proposes to construct the Project in accordance with the Contract Documents within the time set forth herein and at the prices stated below. These prices shall cover all expenses incurred in performing the Work required under the Contract Documents, of which this Bid is a part. Bidder hereby agrees to commence Work under the Contract within ten (10) days after the date specified in the Notice to Proceed of the Owner and to fully complete the Project within the stipulated number of consecutive calendar days thereafter. Bidder further agrees to pay as liquidated damages, the sum as provided in paragraph 1.10 of the Instructions to Bidders. Bidder acknowledges receipt of the following Addenda/Amendments: No. dated____________. No. dated____________. No. dated ____________. No. dated____________. No. dated____________. No. dated ____________. No. dated____________. No. dated____________. No. dated ____________. No. dated____________. No. dated____________. No. dated ____________. A. BASE BID PROPOSAL: Bidder agrees to perform the Work required for construction of BID #T-2918, Advertised on February 16, 2014 SECTION 00200- 1 Bid #T-2918, “Building “A” Courtyard Renovation”. Central New Mexico Community College, Albuquerque, New Mexico, described in the Project Manual and shown on the Drawings. The "Base Bid" described in paragraph 1.05 of Instructions to Bidders does not include applicable gross receipts or local option tax as required in Section 13-1-108 NMSA 1978 (1992 Repl.). BASE BID ___________________________________________________________________________ (Written) Dollars($______________________________). (Figure) Total (Base Bid) ($______________________________________________________________). (Amounts to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) LIST ALTERNATES if APPLICABLE ADDITIVE ALTERNATE # 1: Gateway structure and adjacent demolition and sitework within limits shown at upper level parking lot. SUM _______________________________________________________________________________ (Written) Dollars($______________________________). (Figure) ADDITIVE ALTERNATE # 2: Provide and install site furnishings as indicated on Sheet LS-101. SUM _______________________________________________________________________________ (Written) Dollars($______________________________). (Figure) ADDITIVE ALTERNATE # 3: New water service tap, meter, and piping from Coal Ave. to irrigation equipment. SUM _______________________________________________________________________________ (Written) Dollars($______________________________). (Figure) C. SUBCONTRACTOR LISTING: BID #T-2918, Advertised on February 16, 2014 SECTION 00200- 2 The following subcontractors will work on the construction of this Project if my Bid is accepted. (Refer to paragraph 1.08 and 1.16 of Instructions To Bidders section for requirements of New Mexico Subcontractors Fair Practices Act.) It is the Bidder’s responsibility to comply with the New Mexico Subcontractor’s Fair Practice Act. The listing threshold for the Project is $5,000.00. Category of Work Subcontractor Name City or County of Subcontractors place of business 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. BID #T-2918, Advertised on February 16, 2014 SECTION 00200- 3 14. 15. 16. 17. 18. 19. 20. 21. 22 23. 24. 25. 26. 27. D. AWARDING CONTRACT: Bidder understands that the Contract in the form of the Contract Documents (as may be modified in accordance with paragraph 1.0.2.A of Instructions to Bidders) will be awarded in accordance with the provisions under paragraph 1.06 of Instructions to Bidders and that the Owner reserves the right to reject any or all Bids and to waive any informalities in the bidding. BID #T-2918, Advertised on February 16, 2014 SECTION 00200- 4 The Bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving Bids. Upon receipt of written notice of the acceptance of this Bid, Bidder will execute the final Contract in the form of the Contract Documents within ten (10) days and deliver payment and performance bonds as required by paragraph 1.09 of the Instructions to Bidders. The Bid Security attached, using AIA Form 310, other acceptable form, or cashiers check in the sum of 5% of the total amount Bid: Dollars ($ ). is to become the property of the Owner in the event the contract and bond(s) are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Attached also is the executed Debarment/Suspension Status & Non-Collusion Affidavit Form. All capitalized terms used in this Bid Proposal Form and not defined herein shall have the definitions ascribed to them in the Instructions to Bidders. All New Mexico license numbers listed herein or purported by the vendor must be issued in the offering firm’s legal company name. License numbers listed under a name other than the legal company name may render the offer as being non-responsive. Non-responsive offers will not be considered for award. E. QUALIFICATIONS OF BIDDER: Information submitted by Bidder required in Section 00100, Instructions to Bidders, Article 1.07, and any other investigations deemed necessary by Owner will be considered by Owner to determine whether or not Bidder is a Responsible Bidder and to determine the qualifications of the Bidder to perform the Work required in this Bid. Such determination by Owner, in Owner’s sole judgment, shall be final and will be integral in Owner’s Bid award decision. BID #T-2918, Advertised on February 16, 2014 SECTION 00200- 5 RESIDENT AND RESIDENT VETERANS PREFERENCE CERTIFICATION RESIDENT PREFERENCE BIDDERS WISHING TO RECEIVE THE RESIDENTIAL PREFERENCE AS APPLICABLE PER NMSA 13-1-21 MUST SUBMIT A VALID RESIDENTIAL PREFERENCE CERTIFICATE WITH THEIR SEALED RESPONSE. Submitted certificates shall be validated by CNM with New Mexico Tax & Revenue. RESIDENT VETERANS PREFERENCE BIDDERS WISHING TO RECEIVE THE RESIDENT VETERANS BUSINESS PREFERENCE AS APPLICABLE PER NMSA 13-1-22 MUST SUBMIT A VALID RESIDENTIAL VETERAN PREFERENCE CERTIFICATE WITH THEIR SEALED RESPONSE AND COMPLETE THE FOLLOWING. Submitted certificates shall be validated by CNM with New Mexico Tax & Revenue. __________________________________________ (NAME OF CONTRACTOR) hereby certifies the following in regard to application of the resident veterans' preference to this procurement: PLEASE CHECK ONE BOX ONLY FROM THE FOUR (4) CHECK BOXES LISTED BELOW: I declare that my firm is ineligible to receive New Mexico Resident Veterans Preference. The following three (3) checkboxes are applicable to ONLY those vendors eligible to receive New Mexico Resident Veterans Preference AND who have included a valid New Mexico Resident Veterans Preference certificate with their sealed response. No preference will be extended unless a valid certificate is included in your sealed response. This Resident Veterans Preference is separate from the Resident Preference and is not cumulative with that preference. I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is less than $1M allowing me the 10% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime. I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $1M but less than $5M allowing me the 8% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime. I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $5M allowing me the 7% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime. "I agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate: "In conjunction with this procurement and the requirements of this business' application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or 13-1-22 NMSA 1978, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be. "I understand that knowingly giving false or misleading information on this report constitutes a crime." I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime. ______________________________________________________________________________ (Signature of Business Representative)* (Date) *Must be an authorized signatory for the Business. The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or unaware of the procurement involved if the statements are proven to be incorrect. BID #T-2918, Advertised on February 16, 2014 SECTION 00200- 6 DEBARMENT/SUSPENSION STATUS & NON-COLLUSION AFFIDAVIT FORM DEBARMENT/SUSPENSION STATUS 1. The Contractor certifies that it is not suspended, debarred or ineligible from entering into contracts with the Executive Branch of the Federal Government, or in receipt of a notice of proposed debarment from any State agency or local public body. 2. The Contractor agrees to provide immediate notice to Owner's Purchasing department in the event of being suspended, debarred or declared ineligible by any State or Federal department or agency, or upon receipt of a notice of proposed debarment that is received after the submission of this Bid but prior to the award of the Contract. NON-COLLUSION AFFIDAVIT The undersigned, duly authorized to represent the persons, firm and/or corporation joining and participating in the submission of the foregoing Bid (such persons, firm and/or corporation hereinafter being referred to as the Contractor), being duly sworn, on his/her oath, states that to the best of his/her belief and knowledge no person, firm, or corporation, nor any person duly representing the same joining and participating in the submission or the foregoing Bid, has directly or indirectly entered into any agreement or arrangement with any other vendor/contractors, or with any employee of Owner, or any person, firm or corporation under contract with Owner whereby the Contractor, in order to induce the acceptance of the foregoing Bid by Owner has paid or is to pay any other vendor/contractor or to the aforementioned persons anything of value whatsoever, and that the Contractor has not directly or indirectly entered into any agreement or arrangement with any other vendor/contractor which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Bid. CERTIFICATION The undersigned hereby certifies that he/she has read the above Non-Collusion Affidavit, and Debarment/Suspension Disclosure Statement and that he/she understands and will comply with these requirements. The undersigned further certifies that he/she has the authority to certify compliance for the Contractor named below. Signature_____________________________________________________________________________ Title________________________________________________________________________________ NameTyped__________________________________________________________________________ Date_________________________________________________________________________________ Company_____________________________________________________________________________ Address______________________________________________________________________________ City, State and zip code_________________________________________________________________ Telephone number ( )__________________________ Fax number ( )________________________ E-mail address________________________________________________________________________ Respectfully submitted, BID #T-2918, Advertised on February 16, 2014 SECTION 00200- 7 By __________________________________________________ (Legal Company name) ___________________________________________________________________________ (Address/City/State/Zip code) ( )________________________ Telephone number ( )______________________ Fax number _____________________________________________________________________________ (E-mail address) __________________________________________________ (Signature) _____________________ (Date) __________________________________________________ (Typed Name and Title of Above) (SEAL, if bid is by corporation) _____________________________ BID #T-2918, Advertised on February 16, 2014 SECTION 00200- 8 REFERENCES CNM Bid # T‐2918 Company #1 Name: ______________________________________ Reference Individual’s Name: ______________________________ Reference Individual’s Contact Information: Telephone: _____________________ Fax: ___________________________ Email: _________________________ Project Name: ___________________________________________ Project Value: $ ___________________________ Company #2 Name: ______________________________________ Reference Individual’s Name: ______________________________ Reference Individual’s Contact Information: Telephone: _____________________ Fax: ___________________________ Email: _________________________ Project Name: ___________________________________________ Project Value: $ ___________________________ Company #3 Name: ______________________________________ Reference Individual’s Name: ______________________________ Reference Individual’s Contact Information: Telephone: _____________________ Fax: ___________________________ Email: _________________________ Project Name: ___________________________________________ Project Value: $ ___________________________ BID #T-2918, Advertised on February 16, 2014 SECTION 00200- 9 SECTION 00300 AIA DOCUMENT A201-2007 (AS AMENDED AND MODIFIED BY CNM AS OF OCTOBER 2005). SUPPLEMENTARY CONDITIONS TO AIA DOCUMENT A201-1997 NOTE: RED LINE COPY OF AIA A201-2007 IS AVAILBLE FOR INSPECTION AT CNM’S PURCHASING DEPARTMENT. PART 1 - GENERAL The Contract award shall be based upon the GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, 2007 EDITION, AIA document A201 as amended and modified by Central New Mexico Community College (CNM). THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR, AIA form A101 shall be used in the execution of the Contract. A document showing the changes made to the 2007 AIA A201 is available for review at the CNM Purchasing Department upon request. These SUPPLEMENTARY CONDITIONS amend and modify the provisions of A201; the AIA documents and these Supplementary Conditions together, however, do not constitute an exhaustive statement of the Contract provisions, nor do they limit the definition of Contract Documents in the Instructions to Bidders. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THE CONTRACT between Owner and Contractor (the "Contract"), whether or not in GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, 2007 EDITION, AIA document A201, THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR, AIA form A101, these SUPPLEMENTARY CONDITIONS TO AIA Page 1 of 55 DOCUMENT A201-2007, the Project manual for the Contractor's Bid, or any other document or matter included or incorporated in the Contract by reference or implication, the following provisions of Sections A, B, C, D, E, F, G, H, I and J shall control: Prompt Payment Act N.M.S.A. 57-28-1 (2007) A. Improperly Completed Invoices/Notice. If Owner receives an improperly completed invoice, Owner shall notify Contractor within seven (7) days of receipt in what way the invoice is improperly completed. Contractor is hereby notified and acknowledges (i) that any invoice is improperly completed if it (a) contains arithmetic errors, (b) is not signed by Contractor, (c) is not certified by Engineer as correct as to work completed and materials actually supplied, compliance with the Contract, and calculations, (d) fails to show Owner's applicable Purchase Order (PO) number correctly, or (e) invoices for work completed or materials supplied pursuant to a Change Order that has not been approved in writing by the Owner, (f) does not include properly executed lien and bond claim releases from the contractor, subcontractor, and major suppliers. (ii) that Contractor has received timely notice by this Contract of improper completion of any and all improperly completed invoices described in the foregoing subparagraph (i) and is not entitled to payment upon or consideration of such invoices until they are resubmitted as complete regardless of the giving or timing of giving of any additional notice of improper completion, and (iii) that the foregoing subparagraph (i) is not an exhaustive list of ways in which an invoice may be improperly completed. B. Unless grant money is a source of funding for this Contract, amounts due shall be paid within twenty-one (21) days after Owner receives a properly completed undisputed request for payment. IF GRANT MONEY IS A SOURCE OF FUNDING FOR THIS CONTRACT, AMOUNTS DUE SHALL BE PAID WITHIN FORTY-FIVE (45) DAYS AFTER OWNER RECEIVES A PROPERLY COMPLETED UNDISPUTED REQUEST FOR PAYMENT. If grant money is a source of funding for this Contract, Owner shall have included the following legend on each page of the plans, including bid plans and construction plans: NOTICE OF EXTENDED PAYMENT PROVISION: This Contract allows the Owner to make payment within forty-five (45) days after submission of an undisputed request for payment. Contractor and subcontractors shall make prompt payment to their subcontractors and suppliers for amounts owed for work performed on the construction project within seven (7) days after receipt of payment from the Owner, Contractor, or subcontractor, as may be applicable. Contractor shall, by appropriate agreement with each subcontractor, require each subcontractor to make payments to sub-subcontractors in a similar manner. Subparagraph 13.6.1 of the General Conditions of the Contract for Construction, 2007 Edition, AIA document A201, as otherwise amended by these Supplemental Conditions below, is hereby deleted in its entirety. Contractor hereby indemnifies and holds harmless Owner for all claims by subcontractors or suppliers against Owner or its property arising under or related to the New Mexico Prompt Payment Act, including, but not limited to, all costs and expenses of defense of such claims including reasonable attorneys' fees. F. Subcontracts. Contractor is responsible to make all subcontractors aware of the foregoing provisions of this Contract and to include all necessary and appropriate parallel provisions in each subcontract. Contractor is responsible to have made all proposed subcontractors listed in the Bid Response Form aware of the foregoing provisions of this Contract prior to submission of their bids. Contractor is entirely and solely responsible, as between and among Contractor and subcontractors, for compliance with the New Mexico Prompt Payment Act. G. Modification of Pay Application. CNM reserves the right to modify pay applications to correct mathematical errors without returning the pay application to the contractor for correction and resubmission. H. Requests for Additional Time. Contractor bears the burden to demonstrate that additional contract time is warranted due to changes, including Owner requested changes, weather, or any other reason. Contractor bears the burden of demonstrating that any such changes, modifications, or delays impact the critical path for the project. I. Dispute Resolution. If at any time during the course of the project a dispute arises between the Contractor and the Owner, including a dispute between the Contractor and the Engineer, the procedure shall be mediation, or litigation as described in the amended AIA A2011997 in this Project Manual. For the following PROJECT: T-2918 (Name and location or address): Central New Mexico Community College (CNM) CNM (Main Campus, Building “A” Courtyard Renovation) THE OWNER: (Name and address): Governing Board for the Central New Mexico Community College (CNM) 525 Buena Vista SE Albuquerque, New Mexico 87106 THE ARCHITECT: (Name and address): Morrow Reardon Wilkinson Miller, Ltd. 210 La Veta Drive NE Albuquerque, NM 87108 Telephone number 505-268-2266 Fax Number 505-265-9637 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 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 INDEX (Numbers and Topics 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 4.2.3, 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.8, 4.4.1, 8.3.1, 9.5.1, 10.2.5, 13.4.2, 13.7, 14.1 Addenda 1.1.1, 3.11 Additional Costs, Claims for 4.3.4, 4.3.5, 4.3.6, 6.1.1, 10.3 Additional Inspections and Testing 9.8.3, 12.2.1, 13.5 Additional Time, Claims for 4.3.4, 4.3.7, 8.3.2 ADMINISTRATION OF THE CONTRACT 3.1.3, 4, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13, 4.5.1 Allowances 3.8 All-risk Insurance 11.4.1.1 Applications for Payment 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10, 11.1.3, 14.2.4, 14.4.3 Approvals 2.4, 3.1.3, 3.5, 3.10.2, 3.12, 4.2.7, 9.3.2, 13.4.2, 13.5 Arbitration 4.3.3, 4.4, 4.5.1, 4.5.2, 4.6, 8.3.1, 9.7.1, 11.4.9, 11.4.10 Architect 4.1 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility 2.1.1, 3.3.3, 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, 4.4, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 4.3.4, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.1.3, 3.5.1, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.6 Architect's Decisions 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 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 Architect's Inspections 4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.3, 3.3.1, 4.2.6, 4.2.7, 4.2.8, 7.4.1, 12.1, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12, 4.3.6 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1, 4.4.7, 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, 11.4.7, 12, 13.4.2, 13.5 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.4.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 4.2.2, 4.2.5, 4.2.9, 4.3.4, 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, 1.1.7, 5.2.1, 11.5.1 Boiler and Machinery Insurance 11.4.2 Bonds, Lien 9.10.2 Bonds, Performance, and Payment 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4.1, 3.4.2, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 4.3.4, 4.3.9, 5.2.3, 7.1, 7.2, 7.3, 8.3.1, 9.3.1.1, 9.10.3, 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 3.11, 4.2.8, 7, 8.3.1, 9.3.1.1, 11.4.9 Claim, Definition of 4.3.1 Claims and Disputes 3.2.3, 4.3, 4.4, 4.5, 4.6, 6.1.1, 6.3, 7.3.8, 9.3.3, 9.10.4, 10.3.3 Claims and Timely Assertion of Claims 4.6.5 Claims for Additional Cost 3.2.3, 4.3.4, 4.3.5, 4.3.6, 6.1.1, 7.3.8, 10.3.2 Claims for Additional Time 3.2.3, 4.3.4, 4.3.7, 6.1.1, 8.3.2, 10.3.2 Claims for Concealed or Unknown Conditions 4.3.4 Claims for Damages 3.2.3, 3.18, 4.3.10, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Claims Subject to Arbitration 4.4.1, 4.5.1, 4.6.1 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.1, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 4.3.5, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.4.1, 11.4.6, 11.5.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 1.6.1, 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, 9.10.4.2, 12.2, 13.7 Compliance with Laws 1.6.1, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6.4, 4.6.6, 9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions 4.3.4, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 1.1.7, 6.1.1, 6.1.4 Consent, Written 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2 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, 3.12.8, 4.2.8, 4.3.9, 7.1, 7.3, 9.3.1.1 Construction Schedules, Contractor's 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 4.3.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.4.9, 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, 11.4.6, 11.5.1 Contract Documents, The 1.1, 1.2 Contract Documents, Copies Furnished and Use of 1.6, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.8, 4.3.4, 4.3.5, 4.4.5, 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, 11.4.1, 14.2.4, 14.3.2 Contract Sum, Definition of 9.1 Contract Time 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1.3, 7.3, 7.4, 8.1.1, 8.2, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction Schedules 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 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, 11.4.7, 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, 11.4.7, 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, 11.4.1.2, 11.4.7, 11.4.8 Contractor's Relationship with the Architect 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1, 4.4.7, 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, 11.4.7, 12, 13.4.2, 13.5 Contractor's Representations 1.5.2, 3.5.1, 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, 4.2.3, 4.3.8, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Contractor's Review of Contract Documents 1.5.2, 3.2, 3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 4.3.10, 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.5.2 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, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14 Contractual Liability Insurance 11.1.1.8, 11.2, 11.3 Coordination and Correlation 1.2, 1.5.2, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.6, 2.2.5, 3.11 Copyrights 1.6, 3.17 Correction of Work 2.3, 2.4, 3.7.4, 4.2.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.6 Costs 2.4, 3.2.3, 3.7.4, 3.8.2, 3.15.2, 4.3, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 9.10.2, 10.3.2, 10.5, 11.3, 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 6.2.5, 3.14 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, 11.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Damages, Claims for 3.2.3, 3.18, 4.3.10, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 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 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 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 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, 3.5.1, 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, 13.7.1.3 Defective Work, Definition of 3.5.1 Definitions 1.1, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.3.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Disputes 4.1.4, 4.3, 4.4, 4.5, 4.6, 6.3, 7.3.8 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1, 1.3, 2.2.5, 3.11, 5.3 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 4.3.5, 10.6, 14.1.1.2 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, 11.1.1, 11.4.7, 14.1, 14.2.1.1 Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5.1, 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, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 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, 3.4, 3.5, 3.7, 3.10, 3.12, 3.14, 4.2.2, 4.2.3, 4.3.3, 6.2.2, 7.1.3, 7.3.4, 8.2, 9.5, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 Extensions of Time 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Failure of Payment 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.5 Fire and Extended Coverage Insurance 11.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3, 10.5 Identification of Contract Documents 1.5.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 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, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 Injury or Damage to Person or Property 4.3.8, 10.2, 10.6 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.3, 3.3.1, 3.8.1, 4.2.8, 5.2.1, 7, 12, 8.2.2, 13.5.2 Insurance 3.18.1, 6.1.1, 7.3.6, 8.2.1, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 9.10.5, 11 Insurance, Boiler and Machinery 11.4.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.4.3 Insurance, Owner's Liability 11.2 Insurance, Project Management Protective Liability 11.3 Insurance, Property 10.2.5, 11.4 Insurance, Stored Materials 9.3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.4.1.5 Insurance Companies, Settlement with 11.4.10 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, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4.2.11, 4.2.12, 4.3.6 Joinder and Consolidation of Claims Required 4.6.4 Judgment on Final Award 4.6.6 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 42.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 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 Liens 2.1.2, 4.4.8, 8.2.2, 9.3.3, 9.10 Limitation on Consolidation or Joinder 4.6.4 Limitations, Statutes of 4.6.3, 12.2.6, 13.7 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.10, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.10.4, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 4.3, 4.4, 4.5, 4.6, 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, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Loss of Use Insurance 11.4.3 Material Suppliers 1.6, 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, 10.5 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.6.1, 3.4, 3.5.1, 3.8.2, 3.8.23, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 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 4.4.8 Mediation 4.4.1, 4.4.5, 4.4.6, 4.4.8, 4.5, 4.6.1, 4.6.2, 8.3.1, 10.5 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 4.3.6, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.4.1 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, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 13.7.1.3 Notice 2.2.1, 2.3, 2.4, 3.2.3, 3.3.1, 3.7.2, 3.7.4, 3.12.9, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 Notice, Written 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14 Notice of Testing and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Contractor's 1.5.2, 3.2, 3.7.3, 4.3.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.4.1.5 Orders, Written 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 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, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 Owner's Authority 1.6, 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, 4.3.6, 4.4.7, 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, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3, 11.4.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.4.3 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, 12.2.4. 14.2.2.2 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, 1.6, 2.2.5, 3.2.1, 3.11.1, 3.17.1, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.4.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 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, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Payment, Final 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Payments, Progress 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Permits, Fees and Notices 2.2.2, 3.7, 3.13, 7.3.6.4, 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, 4.3.3, 8.2, 9.8, 9.9.1, 14.1.4 Progress Payments 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 Project, Definition of the 1.1.4 Project Management Protective Liability Insurance 11.3 Project Manual, Definition of the 1.1.7 Project Manuals 2.2.5 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 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 Rejection of Work 3.5.1, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 1.5.2, 3.5.1, 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, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes 4.4, 4.5, 4.6 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 4.3.8, 5.3.1, 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 1.5.2, 3.2, 3.7.3, 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, 3.5.1, 3.15.2, 4.2.6, 4.3.4, 4.5, 4.6, 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 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 4.6.2 Safety of Persons and Property 10.2, 10.6 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.6 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, 1.4.1.2, 3.10, 3.Construction12.1, 3.12.2, 4.3.7.2, 6.1.3 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 4.6.4, 6, 8.3.1, 11.4.7, 12.1.2, 12.2.5 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 1.2.2, 3.2.1, 3.3.3, 3.7.1, 4.2, 4.3.4, 9.4.2, 9.10.1, 13.5 Site Visits, Architect's 4.2.2, 4.2.9, 4.3.4, 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 the 1.1.6 Specifications, The 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6, 3.11, 3.12.10, 3.17 Statute of Limitations 4.6.3, 12.2.6, 13.7 Stopping the Work 2.3, 4.3.6, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 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, 11.4.7, 11.4.8, 14.1, 14.2.1, 14.3.2 Submittals 1.6, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Subrogation, Waivers of 6.1.1, 11.4.5, 11.4.7 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, 9.10.4.2, 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, 3.5.1, 7.3.7 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3.4 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, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.6, 8.2, 8.3.1, 9.4.2, 10, 12, 14 Surety 4.4.7, 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.4 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 4.3.6, 5.4.1.1, 11.4.9, 14 Taxes 3.6, 3.8.2.1, 7.3.6.4 Termination by the Contractor 4.3.10, 14.1 Termination by the Owner for Cause 4.3.10, 5.4.1.1, 14.2 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, 11.4.1.1, 12.2.1,13.5 TIME 8 Time, Delays and Extensions of 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Time Limits 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 4.3, 4.4, 4.5, 4.6, 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, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Time Limits on Claims 4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.4, 8.3.1, 10.3 Unit Prices 4.3.9, 7.3.3.2 Use of Documents 1.1.1, 1.6, 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 4.3.10, 9.10.5, 11.4.7, 13.4.2 Waiver of Claims by the Owner 4.3.10, 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1, 13.4.2, 14.2.4 Waiver of Consequential Damages 4.3.10, 14.2.4 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.4.5, 11.4.7 Warranty 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1.3 Weather Delays 4.3.7.2 Work, Definition of 1.1.3 Written Consent 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2 Written Interpretations 4.2.11, 4.2.12, 4.3.6 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14 Written Orders 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 ARTICLE1GENERALPROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter 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. The Contract Documents shall also include Instructions to Bidders, Invitation to Bid, sample forms, the Bid Response form, and Contractor’s Bid. § 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 Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and 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 or 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. The Specifications are of the abbreviated or "streamlined" type and include incomplete sentences. Omissions of words or phrases such as "the Contractor shall," "in conformity therewith," "shall be," "as noted," or "as indicated" or "as noted and/or indicated on the Drawings," "according to the Plans," "A," "an," the," and "all" are intentional. Omitted words or phrases shall be supplied by inference in the same manner as they are when a "Note" occurs on the Drawings. Where "as directed," "as required," "as permitted," "as approved," "as accepted," or words of similar import are used, it shall be understood that the directions, requirements, permission, approval, and acceptance of the Architect is intended unless otherwise stated. § 1.1.7 THE PROJECT MANUAL The Project Manual is a volume or volumes assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications." § 1.1.8 THE ARCHITECT The Architect for this Project is TBA and its authorized representatives. § 1.1.9 RECORD DRAWINGS Record Drawings are drawings maintained by the Contractor during the period of construction of the Project. The Record Drawings shall depict, on the appropriate drawings, all deviations to the Contract Drawings. Permitted set by CID would be the Record Drawings and shall be delivered to the Owner with the Application for Final Payment. § 1.1.10 REQUEST FOR INFORMATION Contractor may ask questions and make inquiries with respect to the Contract documents. Such inquiries and questions shall be made in writing in the form of a request for information to the Architect. The Architect shall respond to requests for information in a reasonable time. § 1.1.11 MODIFICATION CHANGE REQUEST A Modification Change Request (“MCR”) is a form which initiates the change order process. The MCR is form which is provided to the Contractor by the Owner. The MCR shall be completed and signed by the Owner, Architect, and Contractor prior to the Contractor starting work on any proposed change order. The MCR is utilized for the purpose of authorizing work prior to the execution of a fully completed change order. § 1.1.12 SECTIONS AND SUBPARAGRAPHS As used in these Owner modified General Conditions of the Contract for Construction, the terms “Section(s)” and “Subparagraph(s)” refer to the Sections and Subparagraphs contained in these General Conditions unless otherwise noted. § 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. In the event of conflicts or discrepancies within the Contract Documents such as between referenced codes, standards, drawings, specifications or Project Manual or any combination thereof, the most stringent requirements or provisions shall govern. The codes and standards specified in the Contract Documents shall be the "Edition" including supplements and revisions in effect at time of bid. § 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 which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.2.4 Each Section of Specifications shall be deemed to have as its leading Article the following, which shall become part of each section as if written out in full: SCOPE OF WORK: Contractor performing this Work shall furnish all labor, equipment, tools, appurtenances, and materials, except those specified to be furnished by others, and pay for all special taxes or permits necessary to complete all Work as hereinafter required, or as shown or called for on Drawings, in the best accepted workmanlike manner. The PART 2 PRODUCTS portion of each work section of the Specifications shall be deemed to have as its last Article the following, which shall become part of each section as if written out in full: OTHER MATERIALS: All other materials, products, etc., not specifically described but required for a complete and proper installation of the Work of this Section or the Project, shall be new, first quality of their respective kinds, submitted to the Architect for approval, and furnished and installed at Contractor's expense." § 1.2.5 In the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the following priorities: .1 Addenda/Amendments, with those of later date having precedence over those of earlier date. .2 Specifications .3 Drawings .4 The Supplementary Conditions .5 The Agreement, AIA A101, 1997 edition .6 The General Conditions of the Contract for Construction, A1A, A201, 1997 Edition, as amended .7 The Instructions to Bidders .8 Bid Terms and Conditions In the case of an inconsistency between Drawings and Specifications or within either Document not clarified by addendum, the better quality or greater quantity of Work shall be provided in accordance with the Owner's Interpretation. § 1.3 CAPITALIZATION § 1.3.1 Terms capitalized in these General Conditions include those which 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 § 1.4.1 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 EXECUTION OF CONTRACT DOCUMENTS § 1.5.1 The Contract Documents shall be signed in not less than quintuplicate by the Owner and Contractor. No contract shall be binding on the Owner until it has been fully executed and approved pursuant to applicable CNM rules, procedures, regulations, and statutes, which will be made available to Contractor upon request. § 1.5.2 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. § 1.5.3 The Contractor shall familiarize himself with the work required by each subcontractor or material supplier. Where it is specified that certain work is excluded from a work section of the Technical Provisions of the Specifications, the Contractor shall either specifically assign such excluded work to the proper subcontractor, or shall assume such responsibility as his own to furnish, install or complete. § 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.6.1 All original drawings and specifications, Instruments of Service and other documents furnished by the Architect become the property of this Owner and are not to be used by the Contractor or any Subcontractor, Sub-subcontractor, or material or equipment supplier on other projects or for additions to this Project outside the scope of Work without the specific written consent of the Owner. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect’s consultants appropriate to and for use in the execution of their Work under the Contract Documents." ARTICLE2OWNER § 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 Owner's Representatives: The Owner's Purchasing Director and Vice President for Administrative Services shall be the Owner's Representatives, authorized to act on the Owner's behalf with respect to oversight and approval of the Construction Contract and Change Orders. The Owner's Facilities Construction Project Manager shall be the Owner's Representative with respect to oversight of the project and work to be completed. The Purchasing Director further designates authority to the Owner’s Facilities Construction Project Manager to recommend and approve change orders that do not exceed $10,000.00. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 INTENTIONALLY OMITTED § 2.2.2 Except for permits and fees, including those required under Section 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for 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 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. § 2.2.5 The Contractor will be furnished free of charge a minimum of fifteen (15) copies of the Drawings and Project Manuals. If additional sets are available from the bid process, Owner may, at no charge, distribute such additional sets to Contractor, at Owner’s sole discretion. Additional sets will be furnished to the Contractor at the cost of reproduction, postage and handling. § 2.3 OWNER'S RIGHT TO STOP THE WORK § 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner 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 § 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order and/or Construction Directive 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. §2.5 OWNER’S RIGHT TO VISIT THE JOB SITE AND REQUEST CHANGES IN WORK §2.5.1 The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Owner, as outlined in the Contract Documents, shall request change orders through the Architect. The final acceptance of the Project shall be made by representatives of the Architect and the Owner. ARTICLE3CONTRACTOR § 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 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 other than the Contractor. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Before each portion of the Work the Contractor shall carefully study and compare the various drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.3 and shall report promptly to the Architect errors, inconsistencies or omissions discovered. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall assume responsibility for such performance and shall bear all the costs for correction. § 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but 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. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. § 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor’s notices or requests for information pursuant to Subparagraphs 3.2.1, 3.2.2 and 3.2.4, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1, 3.2.2 and 3.2.4, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor should have recognized such error, inconsistency or omission and failed to report it to the Architect. § 3.2.4 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions shall be reported to the Architect at once. § 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. § 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. § 3.3.4 The Contractor shall lay out Work, be responsible for measurements, exercise proper precaution to verify all dimensions, grades, lines, utility connections and levels, before layout of Work, and will be held responsible for any errors therein that otherwise might have been avoided. The Architect shall be promptly informed of any errors or discrepancies discovered in the Drawings and Project Manual, in order that the proper correction may be made. The Work must be executed systematically and so managed at all times to insure the Contractor maintains the Project Schedule. § 3.3.5 The Contractor shall at the completion of the Work, and prior to receipt of the final payment for construction, furnish to the Architect, at the Contractor's expense, "Record" Drawings. The Contractor shall maintain during the period of construction a record of all deviations to the Contract Drawings to facilitate the completion of the "Record" drawings." Record drawings shall be delivered to the Owner with the application for final payment. § 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 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 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. § 3.4.3 By making requests for substitutions based on Subparagraph 3.4.2 above, the Contractor: 1. represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respect to that specified; 2. represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified; 3. certifies that the cost data presented is complete and includes all related costs under this Contract except the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and 4. will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be completed in all respects. § 3.4.4 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 3.4.5 The Contractor and all Subcontractors and Sub subcontractors on the Project shall use, whenever the species of lumber necessary for such construction or repair work is available in the State of New Mexico, such species of lumber produced from the timber grown in the State of New Mexico in accordance with NMSA 1978 § 13 4 7 as amended. § 3.4.6 The Contractor shall make contributions to approved apprentice and training programs in New Mexico in which the Contractor is a participant or to the public works apprentice and training fund administered by the Public Works Bureau of the Labor and Industrial Division of the New Mexico Labor Department, all as required pursuant to the New Mexico Public Works Apprentice and Training Act, NMSA 1978 § 13 4D 1 et seq. as amended. § 3.5 WARRANTY § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications 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. § 3.5.2 The Contractor shall and hereby does warrant to Owner all workmanship, labor, and materials performed and supplied by him or his subcontractors, for a period of one (1) year from the date of completion as evidenced by date of fully executed Certificate of Substantial Completion identified in Section 9.8. This also includes all labor required for replacing materials or equipment found to be defective within the one (1) year period. All warranties for a longer period of time required by the Contract Documents shall be secured by the Contractor from subcontractors and delivered to the Architect and are hereby warranted by the Contractor as much as if countersigned by him. § 3.6 TAXES § 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.6.2 All Contractors on the Project shall comply with provisions of the New Mexico Gross Receipts (NMGRT) and Compensating Tax Act, NMSA 1978 § 7-9-1 et seq. as amended, and all amendments to same and require all of their subcontractors to do likewise. § 3.7 PERMITS, FEES AND NOTICES § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. § 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.5 The Contractor shall procure and pay for all building fees and permits. Building permits shall be obtained from the applicable Code Administration Department or agency having jurisdiction over the Project, Albuquerque, New Mexico, or other regulatory agency; in addition, the Contractor shall obtain all additional fees and permits not necessarily aforementioned but required for the Work and pay all additional required fees to same. The Owner shall pay fees for water meters and impact fees. § 3.8 ALLOWANCES § 3.8.1 INTENTIONALLY OMITTED § 3.8.2 INTENTIONALLY OMITTED § 3.8.3 INTENTIONALLY OMITTED § 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. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. § 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. The Contractor's proposed schedule shall be submitted for the Owner's and Architect’s review and information only and does not constitute approval by the Owner or the Architect. § 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.10.4 Within ten (10) calendar days after receipt of "Notice to Proceed," the Contractor shall submit a Progress Schedule to the Architect. It shall be revised by Contractor from time to time but at least monthly to reflect all changes in contract work and adjustments in time, money, or both that are approved by the Architect after consultation with the Owner. Schedule shall show date of commencement of work on each pertinent phase or item of construction, percentage of scheduled completion at end of each ten (10) days, and date of completion of each phase or item of Work. Progress schedule shall indicate labor, materials and equipment actually incorporated into the Work (construction in place). No payment will be made without the Owner having reviewed the progress schedule submittal. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE § 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record 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. § 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 which 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. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. 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 which 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 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. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. § 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has 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 or an MCR 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 which constitute the practice of Architecting or Architecting 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 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 or approvals performed 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 or design criteria required by the Contract Documents. § 3.13 USE OF SITE § 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 The Contractor’s scheduled outage/tie-in plan, time, and date is subject to approval by the Owner. Failure of Contractor to secure Owner’s approval shall cause the Contractor to waive any right to an adjustment of the Contract Sum or Contract Time for any postponement, rescheduling or other delays ordered by Owner in connection with such Work. Owner’s approval shall not be unreasonably withheld. The Contractor shall coordinate all Work so there shall be no prolonged interruption of existing utilities, systems and equipment of Owner. Any existing plumbing, heating, ventilating, air conditioning, or electrical disconnection necessary, which affect portions of this construction or building or any other building, must be scheduled with the Owner to avoid any disruption of operation within the building under construction or other buildings or utilities. In no case shall utilities be left disconnected at the end of a workday or over a weekend. Any interruption of utilities, either intentionally or accidentally, shall not relieve the Contractor from repairing and restoring the utility to normal service. Repairs and restoration shall be made before the workers responsible for the repair and restoration leave the job. The Contractor shall be responsible for repair of damage to property caused by the Contractor on or off the project occurring during construction of the project, and all such repairs shall be make to meet code requirements or to the satisfaction of the Owner if code is not applicable, if possible, given the availability of parts, equipment and services necessary to effect the repair/restoration. Cost of expediting repair/restoration shall be the Contractor’s provided the cause of the accidental interruption is the Contractor’s. § 3.13.3 The Contractor shall limit operations and storage of material to the area within the Work limit lines shown on Drawings, except as necessary to connect to existing utilities, shall not encroach on neighboring property, and shall exercise caution to prevent damage to existing structures. The Contractor shall ensure that the Work is at all times performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials and equipment likely to cause hazardous conditions. Without limitations of any other provision of the Contract Documents, Contractor shall not interfere with the occupancy or beneficial use of (1) any areas and buildings adjacent to the site of the Work or (2) the work in the event of partial occupancy. Owner may agree, in writing, to disruption of adjacent buildings, if necessary to properly perform the Work. Contractor shall assume full responsibility for any damage to the property comprising the work or to the owner or occupant of any adjacent land or areas resulting from the performance of the Work. The Contractor shall not permit any workers to use existing facilities at the Work site, including, without limitation, lavatories, toilets, entrances and parking areas other than those designated by Owner. The Contractor, Subcontractor of any tier, suppliers and employees shall comply with instructions or regulations of the Owner’s governing access to, operation of, and conduct while in or on the premises and shall perform all Work required under the contract Documents in such a manner as not to unreasonably interrupt or interfere with the conduct of Owner’s operations. Any request for Work, a suspension of Work or any other request or directive received by the Contractor from occupants of existing buildings shall be referred to the Owner for determination. The Contractor shall keep the Work site and surrounding areas free from accumulation of waste materials, rubbish, debris, and dirt resulting from the Work and shall clean the Work site and surrounding areas as requested by the Owner. The Contractor shall be responsible for clean up and removal of debris from premises. The building and premises shall be kept clean, safe, in workmanlike manner, in compliance with OSHA standards at all times. At completion of the Work, the Contractor shall remove from and about the Work site tools, construction equipment, machinery, fencing, and surplus materials. Further, at the completion of the work, all dirt, stains, and smudges shall be removed from every part of the building, all glass in doors and windows shall be washed, and entire Work shall be left broom clean in a finished state ready for occupancy. If the Contractor fails to comply with the provisions of this paragraph, the Owner may do so, upon proper notice, and the cost shall be charged to the Contractor. § 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. § 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 from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. § 3.16 ACCESS TO WORK § 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS § 3.17.1 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. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnity and hold harmless the Owner, Architect, Architect’s consultants, and agents, officers, and employees of any of them, against liability, 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 expenses is attributable to bodily injury, sickness, disease, or death, or to physical injury to real or personal property, including the loss of use resulting therefrom, but only to the extent that the liability, damages, losses, or costs are caused by, or arise out of, the acts or omissions of the Contractor or its officers, employees, or agents. Both parties to this Contract represent and agree that this indemnity provision is valid and enforceable and meets the requirements of N.M. Stat. Ann. § 56-7-1 (1978 as amended). § 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. ARTICLE4ADMINISTRATIONOFTHECONTRACT § 4.1 ARCHITECT § 4.1.1 The Architect is the person lawfully licensed to practice Architecting or an entity lawfully practicing Architecting identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. § 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 new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. § 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Section 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on-site observations as an Architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. § 4.2.2.1 The Architect will, from time to time, make inspections of Work. Contractor shall be responsible for Work being performed in strict accordance with the Drawings and Specifications, and shall call any deviation to attention of Architect or his representative immediately upon discovery. The inspection of the Work by the Architect does not relieve the Contractor of any of his responsibility under the Contract that pertains to matters performed at the site. Contractor shall be responsible for detailed supervision of Work. Owner and Architect have full authority to demand of the Contractor or his representative that the Contractor comply with all terms of the Contract and perform Work in strict accordance with Contract Drawings and Specifications. All demands upon the Contractor shall be made in writing, but where necessary to make demands orally, oral instructions will be confirmed in writing later. Minor matters that are adjustable amicably need not be in writing, at discretion of party making demand. § 4.2.3 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. § 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 will have 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 with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, 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 as may be authorized and directed by the Owner as provided in Subparagraph 7.4. Owner will provide forms for changes in the Work. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will 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, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. § 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 the Owner. § 4.2.11(a) The Contractor may submit questions or requests for information to the Architect in writing. Responses to such requests for information shall be in writing and signed by the Architect. § 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. § 4.2.13 If consistent with the intent expressed in the Contract Documents and with Owner’s Consent, the Architect’s decisions on matters relating to aesthetic effect will be final. § 4.3 CLAIMS AND DISPUTES § 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time 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. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. § 4.3.2 Time Limits on Claims. Claims by either party must be initiated within ten (10) days after occurrence of the event giving rise to such Claim or within ten (10) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. § 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Section 9.7.1 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. § 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which 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, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 5 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if 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 so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. Notwithstanding the foregoing, no adjustment in the Contract Sum or Contract Time or both shall occur except through the change order process in accordance with Article 7. § 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given and written authorization obtained from Accountant and Owner before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.6. § 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Section 4.3. § 4.3.7 Claims for Additional Time. § 4.3.7.1 If the Contractor wishes to make 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. § 4.3.7.2 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. § 4.3.8 Injury or Damage to Person or Property. If either party to the Contract 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. § 4.3.9 INTENTIONALLY OMITTED § 4.3.10 Claims for Consequential Damages. The Contractor waives all claims against the Owner for all consequential damages arising out of or relating to this Contract. This waiver includes 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 other than anticipated profits arising directly from the Work. This waiver is applicable, without limitation, to all consequential damages due to Owner’s termination in accordance with Article 14. § 4.4 RESOLUTION OF CLAIMS AND DISPUTES § 4.4.1 Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraph 10.3 through 10.4, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation and litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. § 4.4.2 The Architect will review Claims and within ten days of the receipt of the 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 Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. § 4.4.3 In evaluating claims, the Architect 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 Architect in rendering a decision. § 4.4.4 If the Architect 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 provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. § 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and litigation. § 4.4.6 INTENTIONALLY OMITTED § 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or 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 Architect or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 4.4.8 In the event that any dispute is not resolved under the procedures set forth in Paragraphs 4.4.1 through 4.4.7 hereinabove, the matter shall be submitted to mediation in accordance with Paragraph 4.5.1. § 4.4.9 In the event that any dispute is not resolved under the procedures identified in Subparagraphs 4.4.1 through 4.4.8 hereinabove, either of Contractor or Owner may seek judicial relief in a court of law, which shall be a trial de novo. The parties agree that venue and jurisdiction for any such action shall properly lie with the Second Judicial District Court, County of Bernalillo, State of New Mexico. In any such court action, the prevailing party shall be entitled to an award against the non-prevailing party of the prevailing party’s reasonable attorneys’ fees and court costs in addition to any other awards by the court. § 4.5 MEDIATION § 4.5.1 Notwithstanding any provision of any Contract Document to the contrary, any claim, dispute or other matter in question between the Contractor and the Owner, except those relating to artistic effect as provided in Subparagraph 4.2.13, and except to those which have been waived by the making or acceptance of final payment as provided in Subparagraph 9.10.4 shall be subject to mediation pursuant to and under the provisions of the New Mexico Public Works Mediation Act, NMSA 1978 § 13 4C 1 et seq. as amended. A party seeking to resolve a dispute under this Agreement or any of the Contract Documents shall proceed under the procedures and provisions of the Public Works Mediation Act subject to the following conditions. No demand for mediation may be made until the earlier of (1) the date on which the Architect has rendered a written decision, if presented to the Architect, or (2) the tenth day after the parties have presented their evidence to the Architect or have been given a reasonable opportunity to do so, if the Architect has not rendered his written decision by that date. When the written decision of the Architect states (1) that the decision is final and subject to appeal, and (2) that any demand for mediation must be made within thirty (30) days after the date on which the party making the demand receives the Architect's written decision, failure to demand mediation within the thirty (30) day period will result in the Architect's decision becoming final and binding on the Owner and Contractor. If the Architect renders a decision after mediation proceedings have been initiated, such decision may be entered as evidence but will not supersede any mediation proceedings unless the decision is acceptable to all parties concerned. § 4.5.2 INTENTIONALLY OMITTED § 4.5.3 INTENTIONALLY OMITTED § 4.6 INTENTIONALLY OMITTED § 4.6.1 INTENTIONALLY OMITTED § 4.6.2 INTENTIONALLY OMITTED § 4.6.3 INTENTIONALLY OMITTED § 4.6.4 INTENTIONALLY OMITTED § 4.6.5 INTENTIONALLY OMITTED § 4.6.6 INTENTIONALLY OMITTED ARTICLE5SUBCONTRACTORS § 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 SUBCONTRACTORS § 5.2.1 All awards of subcontracts shall be in accordance with the New Mexico Subcontractors Fair Practices Act. § 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 INTENTIONALLY OMITTED § 5.2.4 INTENTIONALLY OMITTED § 5.3 SUBCONTRACTUAL RELATIONS § 5.3.1 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 which may 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 .2 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 which the Owner accepts by notifying the Subcontractor and Contractor in writing; and assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. § 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. ARTICLE6CONSTRUCTIONBYOWNERORBYSEPARATEC ONTRACTORS § 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 Section 4.3. § 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 when directed to do so. 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 which 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. § 6.1.5 The Owner reserves the right to place and install as much equipment and machinery during progress of Work as is possible before completion of various parts of the Work and Contractor and Owner further agree that such placings and installations of equipment does not in any way evidence the completion of the Work or any portion of it, nor signify the Owner's acceptance of the Work or any portion of it. § 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 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 Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs not reasonably avoidable incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. § 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor 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 § 6.3.1 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. ARTICLE7CHANGESINTHEWORK § 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 an Order for a minor change in the Work as issued by the Architect, 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 issued by the Architect. § 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 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. § 7.2.1.2 Every Change Order shall be initiated by an agreement by Owner, Architect, and Contractor to a Modification Change Request (MCR) on the form provided by the Owner. An MCR is a form which initiates the Change Order process. The MCR is a form which is provided to the Contractor by the Owner. The MCR shall be completed and signed by the Owner, Architect, and Contractor prior to Contractor starting work on any proposed Change Order. The MCR is a written document utilized for the purposes of authorizing work prior to the execution of a fully completed Change Order Document. § 7.2.2 Methods used in determining adjustments to the Contract Sum may include: .1 cost plus proposal; or .2 unit price proposal as defined in the following provisions. § 7.2.2.1 Cost Plus Change Order Proposals Architect .1 The Contractor will submit a properly itemized Cost Plus Change Order Proposal covering the additional work or work to be deleted. This proposal will be itemized for the various components of Work and segregated by labor, material, and equipment using the attached Change Order Forms. The Owner will require itemized change orders and contractor pricing certifications on all Change Order proposals over $10,000.00 from the Contractor, subcontractors, sub subcontractors regardless of tier, and major material suppliers. Details to be submitted will include a material and labor quantity take off and related pricing information and extensions (by drawing if applicable). Upon final approval of the MCR, the Contractor shall perform such authorized extra Work at actual cost for direct labor (working foremen, journeymen, apprentices, helpers, etc.), actual cost of labor burden, actual cost of material used to perform the extra Work, and actual cost of rental of major equipment (without any charge for administration, clerical expense, general supervision or superintendence of any nature whatsoever, including general foremen, or the cost or rental of small tools, minor equipment, or plant) plus the approved Markup Percentage Fee. Owner and Contractor shall agree in advance in writing on a maximum price for this Work and Owner shall not be liable for any charge in excess of the maximum. .2 Labor: Estimated labor costs to be included for self performed Work shall be based on the actual cost per hour paid by the Contractor for those workers or crews of workers whom the Contractor reasonably anticipates will perform the Change Order Work. Estimated labor hours shall include hours only for those workmen and working foremen directly involved in performing the Change Order Work. Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the agreed upon Markup Percentage Fee. .3 Labor Burden: Labor burden allowable in Change Orders shall be defined as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA), net actual cost for employer's cost of union benefits, and net actual cost to employer for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts, dividends, rebates, expense constants, assigned risk pool costs and assigned risk rebates. Contractor shall reduce their standard payroll tax percentages to properly reflect the effective cost reduction due to the estimated impact of the annual maximum wages subject to payroll taxes. Labor burden shall not be considered to include costs of small tools, comprehensive general liability insurance, auto insurance, or umbrella insurance all of which shall be considered covered by the Markup Percentage Fee. .4 Material: Estimated material Change Order prices shall reflect the Contractor's reasonably anticipated net actual cost for the purchase of the material needed for the Change Order Work. Estimated material prices shall reflect the Contractor's reasonably anticipated cost reductions due to available trade discounts and/or volume rebates. .5 Equipment: Allowable Change Order estimated costs may include appropriate amounts for rental of major equipment specifically needed to perform the Change Order Work (defined as tools and equipment with an individual purchase cost of more than $750). However, the aggregate rentals chargeable for any one piece of equipment shall be limited to 75% of its fair market value at the time the Change Order is priced. .6 Markup Percentage Fee: With respect to Cost Plus Change Order Proposals, the Markup Percentage Fee to be paid to any Contractor (regardless of tier) on self performed work shall be a single markup percentage not to exceed 15% of the net amount of (1) direct labor and allowable labor burden costs applicable to the Change Order or extra Work; (2) material and equipment incorporated into the change or extra Work, and (3) rental cost of major equipment necessary to complete the change in the Work. .7 The Markup Percentage Fee to be paid to any Contractor (regardless of tier) on any Subcontractor Work shall be a single percentage not to exceed 5% of the total allowable cost of sublet Work. .8 Sales and use tax (if applicable) shall not be subject to any Markup Percentage Fee. Any sales or use tax properly payable by the Contractor shall be added after computing the Change Order amount before tax. .9 As a further clarification, the agreed upon Markup Percentage Fee is intended to cover the Contractor's profit and all indirect costs associated with the Change Order Work. Items intended to be covered by the Markup Percentage Fee include, but are not limited to: home office expenses, branch office and field office overhead expense of any kind; project management; superintendents, general foremen; Architecting; coordination; expediting; purchasing; detailing; legal, accounting, data processing or other administrative expenses; shop drawings; permits; general liability and excess umbrella insurance; pickup truck costs. The cost for the use of small tools is also to be considered covered by the Markup Percentage Fee. Small tools shall be defined as tools and equipment (power or non power) with an individual purchase cost of less than $750). .10 The application of the markup percentages referenced in the preceding Subparagraphs 7.2.2.1.7 and 7.2.2.1.8 will apply to additive Change Orders. In those instances where changes involved both additive and deductive work, the additions and deductions will be netted and the markup percentage will be applied to the net additive amount. .11 In no event will any amounts for "contingency" be allowed to be added as a separate line item in change order estimates. Variables attributable to labor hours will be accounted for when estimating labor hours anticipated to do the work. .12 The Contractor's proposals and proposed MCR for changes in the Contract Sum or Contract Time shall be submitted within seven (7) calendar days of the Owner's request, unless the Owner extends such period of time due to the circumstances involved. If such proposals are not received in a timely manner, if the proposals are not acceptable to Owner, or if the changed Work should be started immediately to avoid damage to the Project or costly delay, the Owner may direct the Contractor to proceed with the changes without waiting for the Contractor's proposal or for the formal Change Order or Modification Change Request to be issued. Such directions to the Contractor by the Owner shall be confirmed in writing by a "Construction Change Directive" letter. The cost, credit, and time extensions, if any, will be determined by negotiations as soon as practicable thereafter and incorporated in a Change Order to the Contract. .13 Contractor agrees that it is responsible for submitting accurate cost and pricing data to support its Cost Plus Change Order Proposals or other contract price adjustments under the Contract containing the information identified on the attached Change Order or Modification Change Request Forms. Contractor further agrees that it will certify that to the best of his knowledge and belief, the cost and pricing data submitted was accurate, complete, current and in accordance with the terms of the Contract with respect to pricing of Change Orders. Contractor will also further represent that he has made reasonable good faith inquiries to appropriate individuals within his organization to confirm that the data submitted was accurate, complete and current. It is agreed that such certifications will be required for all contract price adjustments. The Contractor shall provide backup documentation or Contractor will not be paid for the changed work. The Contractor shall not bill or invoice for changed work until the formal Change Order is agreed to and executed by the Architect, Contractor, and Owner. .14 Contractor also understands that the Owner has the right to audit the Contractor's records to verify the accuracy and appropriateness of the pricing data used to price Change Order Proposals. Even after a Change Order Proposal has been approved, Contractor agrees that if it is later determined by audit or otherwise that the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of the Contract regarding pricing of Change Orders; then an appropriate Contract Sum revision will be made. .15 Contractor also agrees that it will incorporate the provisions of this Subparagraph 7.2.2.1 into all agreements with subcontractors and major material suppliers. It is understood that the Change Order, pricing terms outlined in this Subparagraph 7.2.2.1 will apply to Contractor, all Subcontractors, all sub subcontractors and all major material suppliers, unless specific modifications are approved in advance by Owner and documented in a written amendment to this Contract. .16 Contractor agrees to provide and require all subcontractors to provide labor and labor burden cost and pricing information as outlined in the Change Order and MCR Forms. This information will be used to evaluate the potential cost of labor and labor burden related to Change Order Work. It is intended that this information represent the Contractor's best estimate of its actual costs at the time the estimate is presented. It is anticipated that this information or similar cost and pricing data may be used from time to time for the pricing of Change Orders. This information is not intended to establish fixed billing or Change Order pricing labor rates. At the time Change Order or MCR are priced, the Owner and Contractor may agree to use the submitted data to price Change Order Work. It is intended for all such pricing data to be subject to audit and adjustment at a later date if the information was not accurate and in accordance with the Contract terms. § 7.2.2.2 Unit Price Change Order Proposals 1. As an alternative to Cost Plus Change Order Proposals, the Owner may choose the option to use Contract Unit Prices, if unit prices are stated in the Contract Documents. The Contractor will submit within seven (7) calendar days after receipt of the Owner's written request for a Unit Price Proposal, a written Unit Price Proposal itemizing the quantities of each item of Work for which there is an applicable Contract Unit Price on the attached Change Order Forms. The quantities must be itemized in relation to each specific contract drawing. Contract Unit Prices will be applied to net differences of quantities of the same item. Such Contract Unit Prices will be considered to cover all direct and indirect costs of furnishing and installing the item including the Contractor's Markup Percentage Fee. § 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. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. If the Construction Change Directive provides for an adjustment to the Contract Sum the adjustment shall be based as prescribed in Section 7.2.2 as amended. Upon receipt of a Construction Directive, the Contractor shall promptly proceed with the change in work involved. § 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 .4 as provided in Section 7.3.6. § 7.3.4 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. § 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor 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. § 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. 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 7.3.6 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. § 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which 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. § 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That 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 4. § 7.3.9 When the Owner and Contractor agree with the 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 shall be recorded by preparation and execution of an appropriate Change Order. § 7.4 MINOR CHANGES IN THE WORK § 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents as directed by the Owner. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE8TIME § 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. The date shall not be postponed by the failure to act of the Contractor or persons or entities for whom the Contractor is responsible. § 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. § 8.1.5 Work required to be performed after regular working hours shall be done without additional cost to the Owner. The Contractor shall include the cost of all overtime work necessary to complete the Contract in his original Bid. After substantial completion, the Contractor and his Subcontractors shall employ all of the measures prescribed for safeguarding the continuous and satisfactory operation of the building, as interruption of such service will be considered a breach of contract. § 8.1.6 The Owner has established the Completion Date based on the Owner's previous experience with similar projects using average time, not one particular Contractor's experience or ability. Any Contractor who estimates the actual construction in less time than given in the Contract, shall do so at his own risk and may not pass on any additional costs due to under estimating the actual construction time. The Contractor's proposed schedule shall be submitted for the Owner's review and information only and does not constitute approval by the Owner or Architect. Contractor shall not be entitled to any delay damages for any reason if Contractor achieves substantial completion within the time allowed in the Contract Documents. § 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. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanics liens and other security interests. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.2.4 It is hereby understood and mutually agreed that the date for beginning, rate of progress, and time for completion for Work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within time specified. It is expressly understood and agreed that the time provided in the Contract Documents for completion of the Work was calculated taking into consideration average climatic range and usual industrial conditions prevailing in this locality, and is a reasonable amount of time in which to complete the Work. § 8.2.5 If Contractor shall neglect, fail or refuse to complete the Work within time herein specified, then Contractor does hereby agree, as part consideration for awarding of this contract, to pay to the Owner the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth for each and every calendar day that the Contractor shall be in default after time stipulated in the Contract for completing Work. Provided, that Contractor shall not be charged with liquidated damages or any excess when delay in completion of the Work is due: .1 To any performance, priority or allocation order duly issued by the government; .2 To unforeseeable cause beyond Contractor's control and without fault or negligence of Contractor including but not limited to acts of God or public enemy, acts of Owner, acts of another contractor in performance of a different contract with Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; and .3 To any delays of Subcontractors and/or material suppliers occasioned by any of the causes specified in subsections 1 and 2 of this Subparagraph 8.2.5. § 8.2.6 Provided, further, that Contractor shall within three (3) days from beginning of such delay notify Architect, in writing, of the causes of delay, the facts underlying the delay and extent of delay § 8.3 INTENTIONALLY OMITTED § 8.3.1 INTENTIONALLY OMITTED § 8.3.2 INTENTIONALLY OMITTED § 8.3.3 INTENTIONALLY OMITTED ARTICLE9PAYMENTSANDCOMPLETION § 9.1 CONTRACT SUM § 9.1.1 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 § 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, 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. § 9.2.2 The schedule provided by Contractor under Subparagraph 9.2.1 shall not be effective unless also submitted to the Owner and not objected to within a reasonable time. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten (10) days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. 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 reflecting retainage if provided for in the Contract Documents. § 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized for payment in accordance with Paragraph 7.2 of the Contract. § 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. § 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. Payment for materials and equipment stored on 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. § 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. § 9.3.4 Each waiver of application for Payment shall be certified as correct by Contractor and shall be accompanied by waivers of liens and payment and performance bond claims and other documentation from Subcontractors and Sub subcontractors as reasonably may be required by the Owner. In addition, such Application for Payment shall contain a certification by the Contractor that there are no written claims of mechanics' or materialmen's liens submitted to the Contractor at the date of such Application for Payment, that the Contractor has no knowledge of any filed mechanics' or materialmen's liens on the Work, and that waivers from all Subcontractors constitute an effective waiver of payments that have been made or are to be made concurrently with payment pursuant to such Application for Payment. A copy of all Applications for Payment shall be submitted by Contractor directly to Owner. The Architect shall not certify any payment for a period of at least five (5) days after receipt of an Application for Payment or if objected to by either the Architect or the Owner. § 9.3.5 The Contractor shall indemnify and hold harmless the Owner against any assertion of claims for mechanics' or materialmen's liens by Subcontractors, Sub subcontractors or material suppliers and against any assertion of security interests by suppliers of goods or materials, to include court costs and attorneys' fees incurred by the Owner in connection therewith. § 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 the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, 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; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 .7 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 persistent failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification, including those listed in Subparagraph 9.3.4 are removed or satisfied, certification will be made for amounts previously withheld. § 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. § 9.6.1.1 A retainage of 5% of the value of the Work in place, and of materials adequately stored may be withheld from each payment to the Contractor, pursuant to N.M. Stat. Ann. § 57-1-28, et. seq. as amended. Owner has determined to establish retainage as prescribed/outlined within Supplementary Conditions to AIA document A201-1997. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such 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 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 Payment to material 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 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 perform Work or furnish materials, or both, under contract with the Contractor for which payment was made by the Owner. § 9.7 FAILURE OF PAYMENT § 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within the time allowed by law and provided in the Contract Documents after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven (7) days after the date established in the Contract Documents the amount certified by the Architect or awarded by a final judgment of a court of competent jurisdiction, then the Contractor may, upon seven (7) additional days written notice to the Owner and Architect, stop the Work until payment for 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 cost of shutdown, delay and start up. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 The date of Substantial Completion of the work or designated portion thereof shall be determined by the Owner's Representatives signing the AIA Document #G704 Certificate of Substantial Completion. This date shall commence on or before a date to be specified in a written "Notice to Proceed" of the Owner; and the construction is to be sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the area or designated portion thereof for the use for which it is intended. For new construction, the Certificate of Substantial Completion shall not issue before the final Certificate of Occupancy is issued by the appropriate code authority. § 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 which 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. No adjustment in retainage will be made unless approved by the Owner. § 9.8.6 Copies of all submissions by the Contractor to the Architect under Subparagraph 9.8.2 shall also be delivered promptly to the Owner. All decisions by the Architect as to Substantial Completion shall be made in consultation with the Owner. § 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 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. 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. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of 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. § 9.10.1.1 The Contractor shall notify the Owner in writing, with a copy to the Architect, at least ten (10) days prior to the date on which the Work will be ready for final inspection. Final inspection will not be performed until all Work under the Contract is completed. The Owner will make a final inspection on date requested, but any delay in making final inspection shall not relieve the Contractor of responsibility for the Work, nor shall the Owner be held responsible for damages or claims for compensation on account of continuing overhead, maintenance, etc., occasioned by such delay. If the Owner making final inspection with the Architect finds the Work so far from completion as to make a later visit necessary, or that undue delay in making final inspection is incurred, Contractor shall, if determined by Owner, be liable for expense to Owner incurred by reason of such delay or re-inspection. § 9.10.1.2 The Owner will participate in the final inspection of the Project. Neither the final acceptance nor the remaining retained percentage of the Contract shall become due until the Contractor submits to the Architect the following documents: .1 AIA Form G706, Contractor's Affidavit of Payment of Debts and Claims (2 copies). .2 AIA Form G706A, Contractor's Affidavit of Release of Liens (2 copies). .3 AIA Form G707, Consent of Surety Company to Final Payment (2 copies). .4 All bonds and guarantees (4 copies), especially for roof and HVAC. .5 Maintenance and Operations Manual – Three (3) sets. .6 Construction Record Drawings and Specifications – Two (2) sets. .7 Lien waivers from all suppliers, Subcontractors and Sub subcontractors. § 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. ARTICLE10PROTECTIONOFPERSONSANDPROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS § 10.1.1 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 be responsible for taking 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 .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 and the Contractor shall be responsible for paying for the repair or replacement of any such lost, or stolen, or damaged Work, materials, equipment or property. § 10.2.1.2 The Work and materials and equipment to be incorporated therein, stored on site, under care, custody or control of the Contractor or Contractor's Subcontractors or Sub subcontractors; and § 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, 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 load or permit any part of the construction or site to be loaded so as to endanger its safety. § 10.3 HAZARDOUS MATERIALS § 10.3.1 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 INTENTIONALLY OMITTED § 10.3.3 INTENTIONALLY OMITTED § 10.4 The Owner shall not be responsible under Paragraph 10.3 for materials or substances brought to the site by the Contractor. § 10.5 INTENTIONALLY OMITTED § 10.6 EMERGENCIES § 10.6.1 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 Section 4.3 and Article 7. ARTICLE11INSURANCEANDBONDS § 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 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 which 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 .6 .7 .8 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; 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; claims for bodily injury or property damage arising out of completed operations; and 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 date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. 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. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section 9.10.2. 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 in accordance with the Contractor's information and belief. § 11.1.4 Contractor's Insurance Requirements: § 11.1.4.1 General Requirements: Contractor shall not commence nor continue to perform any Work unless he, at his own expense, has in full force and effect all insurance required by the Contract Documents. The Contractor shall not permit any Sub contractor to perform Work on the Project unless the Worker's Compensation Insurance requirement have been complied with by such Subcontractor. The types of insurance the Contractor shall obtain and maintain are set forth herein. Worker's Compensation Insurance and Liability Insurance shall be maintained in full force and effect for the full warranty period provided for in the Contract Documents. [See Subparagraph 12.2.2 of the General Conditions]. Insurers must be authorized to do business (and have an agent for service of process) in New Mexico and either (1) have an "A" policyholder's rating and a financial rating of at least Class XI in accordance with the most current Best's Rating; or (2) be acceptable to Owner as evidenced by Owner's written approval of such Insurer. If by the terms of any insurance to be provided herein, any mandatory deductibles are required, or if Contractor should so elect, with the written concurrence of Owner, to increase the mandatory deductible amounts or purchase insurance with voluntary deductible amounts, the Contractor shall be responsible (without entitlement to any reimbursement from Owner) for payment of the amount of the deductible in the event of a paid claim. Certificates of insurance (and endorsements) must be on forms acceptable to Owner delivered to Owner prior to commencement of the Work. The Contractor shall furnish a Certificate of Insurance under either AIA Document G705 or ACORD 25 S (11/85) Form. The Certificate shall include a 30 day cancellation clause. The Certificate must include the provision the insurance company will mail 30 day written notice to Owner. The wording “will endeavor” is not acceptable. Contractor surety shall provide Owner with a transmittal letter stating that all insurance documents have been reviewed and have met or exceeded the contract document requirements. In addition, Contractor, if requested by Owner, shall deliver to Owner (within 10 days of Owner's request) a certified copy of any policies called for herein. Contractor shall also immediately furnish Owner with copies of any endorsements, addenda, or amendments to such policies. If Owner is damaged by Contractor's failure to obtain and maintain the insurance called for herein, then Contractor shall be liable to Owner for all costs, expenses, and damages resulting therefrom. All insurance policies to be furnished by Contractor under the Contract Documents shall be subject to approval by Owner. All policies shall be on an occurrence (as opposed to claims made) basis. § 11.1.4.2 Worker's Compensation and Employer's Liability Insurance: Contractor shall comply with all applicable provisions of the New Mexico Worker's Compensation Act, the New Mexico Subsequent Injury Act, and the New Mexico Occupational Disease Disablement Law. Contractor shall procure and maintain during the life of the Contract Documents complete Worker's and Employer's liability Insurance in accordance with New Mexico laws and regulations. Contractor shall require each Subcontractor similarly to provide such coverage (or qualify as a self insured) for all the latter's employees to be engaged in such Work. The Owner, the Architect, any consultants of Owner or Architect and its consultants, and each of their directors, officers, board members, representatives, agents and employees, will not be responsible for any claims or actions occasioned by the failure of the Contractor to comply with this obligation of Contractor. Worker's Compensation coverage shall be carried in the amounts of the statutory limits. Contractor shall provide and shall cause each Subcontractor to provide Employer's Liability coverage of not less than $100,000 each person. At the time of Contractor's execution of the Contract Documents, Contractor shall deliver to Owner a certificate(s) of insurance certifying that he has obtained full Worker's Compensation and Employer's Liability Insurance coverage for all persons whom he employs or may employ in carrying out the Work under the Agreement. Contractor shall maintain such coverage for the period of the Agreement (and the warranty period). At the same time, the Contractor shall deliver to Owner any required insurance endorsement(s) on forms approved by Owner. This insurance shall be in strict accordance with the requirement of the most current and applicable Worker's Compensation Insurance laws and regulations in the State where the Project is located. § 11.1.4.3 Liability Insurance: The Contractor shall procure and maintain, during the life of the Contract Documents, an Owner's Protective Liability Insurance Policy. The policy will be written with the Owner, its officers, agents and employees as named insured. The policy shall provide limits as follows: $1,000,000 Bodily Injury and Property Damage per occurrence. $1,000,000 Bodily Injury and Property Damage Aggregate. The Contractor shall procure and maintain, during the life of the Agreement, Commercial General Liability Insurance. The policy will be written with the Owner, its officers, agents and employees as named insured. The policy shall provide limits as follows, if under the ISO 11/85 policy. $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal Injury & Advertising Injury $1,000,000 Each Occurrence $50,000 Fine Damage (any one fire) $5,000 Medical Expense (any one person) If coverage is provided under Comprehensive General Liability (prior to 11/85 ISO policy) limits shall be: $1,000,000 Bodily Injury and Property Damage combined per occurrence $1,000,000 Bodily Injury and Property Damage combined Aggregate The policy must include: Premises/Operations (including X, C, and U coverage’s as applicable) Independent Contractors' Protective Products and Completed Operations Contractual Liability Covering the Agreement Board Form Property Damage including Completed Operations Personal Injury Liability with Employment Exclusion deleted Underground coverage………Endorsement showing Owner as an additional insured under the Contractor’s liability policy The Contractor shall procure and maintain, during the life of the Contract Documents Automobile Liability Insurance. The limits shall be: $1,000,000 Combined Single Limit Bodily Injury or Property Damage per occurrence. Coverage must be on an "Any Auto" basis or include Owned, Hired, and non Owned Automobile Coverage. Excess Insurance or Umbrella Liability Insurance will be acceptable in attaining above limits. Without limiting the foregoing, the liability limits shall be sufficient to meet the Owner's obligation under the New Mexico Tort Claims Act, as it may be amended from time to time. If the General Liability coverages are provided by a Commercial General Liability Policy on a claims made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverages required to be maintained after final payment certified in accordance with Subparagraph 9.10.2. § 11.1.4.4 Builder's Risk Insurance: The Owner shall purchase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub subcontractors in the Work and shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. In the event the Owner agrees to make payments for materials suitably stored offsite, the Contractor shall effect and maintain similar property insurance coverage on portions of the Work stored off the site or in transit when such portions of the Work are to be included in an Application for Payment. Such insurance shall include the Owner as an additional insured. The Owner's Builder's Risk Insurance will include a $15,000 deductible. The Contractor will be liable for the deductible amount and may wish to secure his own insurance to cover the deductible amount. § 11.1.4.5 Adjustment: Any loss insured under Paragraphs 11.1, 11.2, and 11.3 shall be adjusted with the Owner and made payable to Owner. Owner shall reimburse Contractor (or his Subcontractors) for insured losses incurred (for which they hadn't received payment) upon receipt of the insurance proceeds (less any deductible charged to the Owner). To the extent Contractor (or any Subcontractor) is reimbursed by Owner for any loss covered by the insurance provided in Paragraphs 11.1, 11.2, and 11.4, then Contractor/Subcontractor shall waive any claim they have for such losses to the extent covered by the insurance called for in Paragraphs 11.1, 11.2, and 11.4. § 11.1.4.6 Contractor's Liability Not Limited By Insurance: Nothing contained in these insurance requirements is to be construed to limit the liability of the Contractor or the Contractor's Surety. § 11.2 OWNER'S LIABILITY INSURANCE § 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE § 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor’s usual sources as primary coverage for the Owner’s, Contractor’s, Sub-subcontractor’s, and Architect’s vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate limits required for Contractor’s Liability Insurance under Paragraph 11.1. § 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. § 11.3.3 The Owner shall require the Contractor to include the Owner, Architect or other persons or entities as additional insured on the Contractor’s Liability Insurance coverage under Paragraph 11.1. § 11.4 PROPERTY INSURANCE § 11.4.1 The Owner shall purchase and maintain property insurance upon the entire Work at the site to the full insurable completed value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub subcontractors in the Work and shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. The Owner shall purchase such insurance for the full insurable value of the entire Work. The Owner shall affect insurance which will protect the interests of the Owner, the Contractor, his Subcontractors and the Sub subcontractors in the Work. If not covered under the all risk insurance or otherwise provided in the Contract Documents, the Contractor shall effect and maintain similar property insurance on portions of the Work stored off the site or in transit when such portions of the Work are to be included in an Application for Payment under Subparagraph 9.3.2. § 11.4.1.1 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. § 11.4.1.2 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 affect insurance which 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. § 11.4.1.3 If the property insurance requires minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified, or if the Owner elects to purchase this insurance with voluntary deductible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increase or voluntary deductible. If the deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of the deductibles. § 11.4.1.4 INTENTIONALLY OMITTED § 11.4.1.5 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. § 11.4.2 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. § 11.4.3 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. § 11.4.4 The Contractor shall file a copy of all policies with the Owner before an exposure to loss may occur. § 11.4.5 If the Contractor desires insurance for risks other than those described in Subparagraphs 11.3.1 and 11.3.2 or other special hazards he shall include those in the property insurance policy, but the costs for such insurance shall be paid by the Contractor. § 11.4.6 INTENTIONALLY OMITTED § 11.4.7 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 11.4 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. § 11.4.8 A loss insured under 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 11.4.10. 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. § 11.4.9 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 in accordance with an arbitration award in which case the procedure shall be as provided in Section 4.6. 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. § 11.4.10 The Owner as fiduciary shall have power to adjust and settle 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 as provided in Paragraphs 4.4 and 4.5. § 11.5 PERFORMANCE BOND AND PAYMENT BOND § 11.5.1 The Contractor to whom the Contract is awarded shall furnish and pay for reputable and approved Performance and Labor and Material Payment Bonds, each for full amount of Contract Sum including all Addenda/Amendments and applicable taxes. Bonds shall be executed on Standard AIA form A311. Bonds shall be obtained from a Bonding Company that is approved by the U.S. Treasury Department for bonding in the amount required for this project, has at least an "A" Best's key rating, and is licensed in the jurisdiction in which the Work is located. The cost of such bonds shall be included in the Contract Sum. § 11.5.1.1 The Contractor shall deliver the required bonds to the Owner not later than the date of execution of the Contract, or if the Work is commenced prior thereto in response to a letter of Notice to Proceed, the Contractor will submit evidence satisfactory to the Owner that such bonds will be furnished. § 11.5.1.2 The Contractor shall require the attorney in fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. § 11.5.1.3 Pursuant to N.M. Stat. Ann § 13-1-1, et seq., and applicable New Mexico law, Contractor shall require all subcontractors whose contracts are written for $125,000 or more, to provide payment and performance bonds per the provisions of §11.5.1. Such subcontractor payment and performance bonds shall be delivered to CNM prior to the execution of this Agreement. § 11.5.2 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 permit a copy to be made. ARTICLE12UNCOVERINGANDCORRECTIONOFWORK § 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 required 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 which 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, 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 § 12.2.1.1 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 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 obligation under Paragraph 3.5, if within one (1) year after the date of acceptance and approval of the Final Application for Payment of the work, or after the date for commencement of warranties established under Subparagraph 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. § 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 performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Work under the Contract and termination of the contract. § 12.2.2.3 INTENTIONALLY OMITTED § 12.2.3 The Contractor shall remove from the site portions of the Work which 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 which 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 which the Contractor might have 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. § 12.2.6 If the Contractor fails to initiate the correction of non-conforming Work within seven (7) days of being notified of such non-conforming work, and fails to complete the correction of such non-conforming work within a reasonable amount of time as established by the Owner, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such non-conforming Work within a reasonable time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor’s expense. If the Contractor does not pay costs of such removal and storage within ten (10) days after written notice, the Owner may upon ten (10) additional days written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Architect’s services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then, or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. § 12.3 ACCEPTANCE OF NONCONFORMING WORK § 12.3.1 If the Owner prefers to accept Work which 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. ARTICLE13MISCELLANEOUSPROVISIONS § 13.1 GOVERNING LAW § 13.1.1 The Contract shall be governed by the law of the place where the Project is located. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect 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 an institutional lender providing construction financing for the Project. In such event, the lender shall assume 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 § 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or 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 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. § 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 thereunder, 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 required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. 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 tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. § 13.5.1.1 Tests specifically called for by Specifications shall be made by professional testing laboratory acceptable to the Architect. The Contractor shall employ same and pay all charges in connection therewith. Records of tests shall be delivered to Architect in duplicate on acceptable forms. The Owner shall receive one (1) copy of all tests or certificates of inspection. § 13.5.1.2 The Contractor shall notify the Architect 48 hours in advance before covering up any concealed work, pouring of any concrete or conducting any tests by any trade on the Work. § 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 § 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest in accordance with N.M. Stat. Ann. § 57-28-1, et. seq., as amended (the Retainage Act). § 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD § 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Section 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. Architect § 13.8 MINIMUM WAGES Minimum wages determined by the Office of Labor Commissioner, Santa Fe, New Mexico, follow hereinafter. The minimum wages to be paid on the Project will be as determined by the New Mexico State Labor Commissioner. § 13.9 PAYMENT OF EMPLOYEES AND WEEKLY PAYROLLS Attention of Contractor is called to the fact that minimum wage rates to be paid various classes of laborers and mechanics, if based upon wages determined by the State Labor Commission, will be in accordance with NMSA 1978 § 13 4 11, as amended. The Contractor and each of his subcontractors shall deliver or mail copies of the certified weekly payrolls prepared in accordance with available New Mexico labor regulations to the Office of the Labor Commissioner no more than five (5) working days following the close of the payroll period, and such payrolls shall depict the decision number for this Project and the county in which the Work is being performed. The scale of wages to be paid shall be posted by the Contractor in a prominent and easily accessible place at the job site. § 13.10 TIME FOR COMPLETION AND LIQUIDATED DAMAGES. The Contractor agrees that said Work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof as specified in Paragraph 1.10 of SECTION 00100 of Instructions to Bidders. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the Work described herein is a reasonable time for the completion of the same, taking into consideration the average climate range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the Work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as part consideration for the awarding of this Contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth to pay the sum specified in Paragraph 1.10 of SECTION 00100 of Instructions to Bidders for each and every calendar day that the Work remains uncompleted after the time stipulated in the Contract for completing the Work. Any Contractor who estimates the actual construction in less time than given in the Contract, shall do so at his own risk and may not pass on any additional costs due to under estimating the actual construction time. The Contractor's proposed schedule shall be submitted for the Owner's review and information only and does not constitute approval by the Owner or Architect. Liquidated damages may be withheld from progress payments, final payment, retainage, followed by a Change Order or a Construction Change Directive. § 13.11 MULTIPLE LOCATIONS: If multiple locations are involved in the Work, then separate Applications for Payment shall be submitted for each location. § 13.12 REFERENCES TO ARBITRATION. All references to arbitration of disputes between the Owner and the Contractor contained in the Contract Documents are hereby deleted, and references to the manner of resolution of claims and disputes as contained in Paragraphs 4.4 and 4.5 are hereby substituted in their place in each instance. § 13.13 INSPECTION AND AUDIT. The Owner may inspect, at any reasonable time, any part of Contractor's operations and place of business which is related to performance of the Contract Documents. All records of the Contractor in connection with the Project shall be subject to audit by the Owner, whether conducted as an internal or external audit. Payment under this Contract shall not preclude the Owner from recovering excessive, erroneous or illegal payments previously made to the Contractor. § 13.14 AFFIRMATIVE ACTION. The Contractor shall not discriminate with regard to hiring, termination or other incidents of employment on the basis of race, sex, national origin, religion, age or handicap. The Contractor agrees to: (a) adhere to the principles set forth in Executive Order 11246 and 11375, and to undertake specifically to maintain employment policies and practices that affirmatively promote equality of opportunity for handicapped persons, minority group persons and women; (b) take affirmative steps to hire and promote women and minority group persons at all job levels and in all aspects of employment; (c) communicate this policy in both English and Spanish to all persons concerned within the company, with outside recruiting services and the minority community at large; (d) provide the Owner on request a breakdown of labor force by ethnic group, sex, and job category; and (e) discuss with the Owner its policies and practices relating to its affirmative action program. ARTICLE14TERMINATIONORSUSPENSIONOFTHECONT RACT § 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 which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which 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 (7) days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit 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 persistently 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 persistently or 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 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 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 Architect 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 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Section 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon 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 Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 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 the Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or, interruption as described in Subparagraph 14.3.1, excluding profit. No adjustment shall be made to the extent: .1 .2 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or 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. SECTION 00400 STATE OF NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS WAGE RATES WAGE DECISION NUMBER: BE-14-0140 A - 6 PAGES - BID #T-2918; Advertised February 16, 2014 Copyright CNM, 2014. All rights reserved. SECTION 00400- 1 New Mexico Department of Workforce Solutions Public Works 625 Silver Ave SW, Suite 410, Albuquerque, NM 87102 Phone: (505)-841-4400 fax to: (505) 841-4423 or Email to: [email protected] Wage Decision # BE-14-0140 A NOTIFICATION OF AWARD (NOA) THIS WAGE DECISION # EXPIRES FOR BIDS ON 05/30/14 Description and Location of Work: CNM Building 'A' Courtyard Renovation Demolition, earthwork, drainage improvements, site lighting, paving, retaining walls, landscape planting, irrigation, gateway sign, handrails, site furnishings, asphalt striping City of Albuquerque County of Bernalillo 525 Buena Vista Drive SE REMINDER for Agency Conducting BID Process: If bids are NOT submitted before new wage rates go into effect, a NEW wage decision WILL be required. After the Contracting Agency awards this project the Wage Rate Poster and the Wage Rate Packet, excluding this NOA and Subcontractor List, must be delivered to the GENERAL/PRIME CONTRACTOR. The Contracting Agency or its agent must complete this form (including the next page listing all of the subcontractors including all tiers of subcontractors) and fax or mail it to the address above. If the project is canceled, this form must be completed by the Contracting agency conducting the bid process and the wording “Cancelled” written on the form and send to the Labor Relations Division. Failure to submit the NOA in a timely manner is a violation of paragraph 11.1.2.9.B (3) of the Public Works Minimum Wage Act Policy Manual. General/Prime Contractor Company Name:________________________________________ License#:_______________ Address:__________________________________ City:__________________________ State:_______ Zip:___________ Telephone: _________________________________________ Fax:___________________________________________ Project Contact’s name:__________________________________________________E-Mail:_________________________ Approximate Date Work to Start:_________________________________________________________________ Estimated Completion Date:_____________________________________________________________________ Estimated Cost of Project:______________________________________________________________________ Bid Opening Date:____________________________________________________________________________ Note: The General/Prime Contractor MUST mail/fax in their Statement of Intent to Pay Prevailing Wages to the Contracting Agency or its agent before beginning work on the project. Each Subcontractor (and all tiers of subcontractors) MUST also mail/fax their Statement of Intent to Pay Prevailing Wages to the General/Prime Contractor 3 days after award of project. After work on the project is completed and before, final payment, is made to subcontractors and all tiers of subcontractors, the contractor and sub-contractors must mail/fax their Affidavit of Wages paid to the Contracting Agency for final payment. Signature for Contracting Agency (or agent) _____________________________________ Printed Name____________________________________________ Email address for Contracting Agency (not agent)_______________________________Required Field Date ____________________________________ 8/29/13 Page 1 of 2 SUBCONTRACTOR LIST DO NOT list suppliers or professional services (such as surveyors) INCLUDE individual subcontractor dollar amount for project Email to: [email protected] or fax to: (505) 841-4423 Please include 2nd & 3rd Tier subcontractors. Make extra copies of form if necessary. Wage Decision. # BE-14-0140 A General Contractor:______________________________________________ Company Name:__________________________________________________________________________ Address:____________________________________City:________________State:____Zip:______________ E-Mail Address:______________________________ License No.:___________________ Phone No.:______________________Fax No.:____________________ Sub ____ 2nd TIER ____ 3rd TIER ___ (To Whom) Work to be performed: Start Date: (To Whom) Amount ($): Company Name:__________________________________________________________________________ Address:____________________________________City:________________State:____Zip:______________ E-Mail Address:______________________________ License No.:___________________ Phone No.:______________________Fax No.:____________________ Sub ____ 2nd TIER ____ 3rd TIER ___ (To Whom) Work to be performed: Start Date: (To Whom) Amount ($): Company Name:__________________________________________________________________________ Address:____________________________________City:________________State:____Zip:______________ E-Mail Address:______________________________ License No.:___________________ Phone No.:______________________Fax No.:____________________ Sub ____ 2ne TIER ____ 3rd TIER ___ (To Whom) Work to be performed: Start Date: (To Whom) Amount ($): Company Name:__________________________________________________________________________ Address:____________________________________City:________________State:____Zip:______________ E-Mail Address:______________________________ License No.:___________________ Phone No.:______________________Fax No.:____________________ Sub ____ 2nd TIER ____ 3rd TIER ___ (To Whom) Work to be performed: Start Date: (To Whom) Amount ($): Company Name:__________________________________________________________________________ Address:____________________________________City:________________State:____Zip:______________ E-Mail Address:______________________________ License No.:___________________ Phone No.:______________________Fax No.:____________________ Sub ____ 2nd TIER ____ 3rd TIER ___ (To Whom) Work to be performed: Start Date: (To Whom) Amount ($): Company Name:__________________________________________________________________________ Address:____________________________________City:________________State:____Zip:______________ E-Mail Address:______________________________ License No.:___________________ Phone No.:______________________Fax No.:____________________ Sub ____ 2ne TIER ____ 3rd TIER ___ (To Whom) (To Whom) Work to be performed: Revised 8/23/13 Start Date: Page 2 of 2 Amount ($): CNM Building 'A' Courtyard Renovation: WAGE DECISION #: BE-14-0140 A Demolition, earthwork, drainage improvements, site lighting, paving, retaining walls, landscape planting, irrigation, gateway sign, handrails, site furnishings, asphalt striping TYPE "A" - STREET, HIGHWAY, UTILITY & LIGHT ENGINEERING Effective January 1, 2014 Trade Classification Bricklayer/Blocklayer/Stonemason Carpenter/Lather Cement Mason Ironworker Painter (Brush/Roller/Spray) Electricians (outside) Groundman Equipment Operator Lineman/Wireman or Tech Cable Splicer Plumber/Pipefitter Laborers Group I Group II Group III Operators Group I Group II Group III Group IV Group V Group VI Group VII Group VIII Group IX Group X Truck Drivers Group I Group II Group III Group IV Base Rate Fringe Rate 17.74 15.99 15.52 21.77 17.56 0.26 0.44 0.26 6.03 0.44 26.79 29.61 30.20 31.38 28.30 11.03 11.03 11.03 11.03 4.07 13.73 14.03 14.43 0.35 0.35 0.35 15.74 15.94 16.52 16.54 16.53 16.69 16.74 16.89 17.39 18.19 0.26 0.26 0.26 0.26 0.26 0.26 0.26 0.26 0.26 0.26 13.32 13.52 13.72 13.92 0.26 0.26 0.26 0.26 NOTE: SUBSISTENCE AND INCENTIVE PAY DO NOT APPLY TO TYPE "A" CONSTRUCTION. CELINA BUSSEY SECRETARY SUSANA MARTINEZ GOVERNOR JOHN SANCHEZ LT. GOVERNOR STATE OF NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS 625 Silver Ave SW Suite 410 Albuquerque, NM 87102 Telephone (505) 841-4405 Fax (505) 841-4420 PUBLIC WORKS PROJECT REQUIREMENTS As a participant in a Public Works project valued at more than $60,000 in the State of New Mexico, the following list addresses many of the responsibilities that are assigned by statute to each project stakeholder. Contracting Agency Ensure that all contractors/prime contractors wishing to bid on a Public Works project when the project is $60,000 or more are actively registered with the Labor Relations Division, Labor Enforcement Fund (LEF) prior to bidding. Provide completed Notice of Award (NOA) and Sub-Contractor list to Labor Relations Division promptly after the project is awarded. Provide updates to the Sub-Contractor list to the Labor Relations Division General Contractor Provide to the Contracting Agency within 3 (Three) days of award a complete subcontractor list and Statements of Intent (SOI) to pay Prevailing Wages for each contractor. Ensure that all sub-contractors wishing to bid on a Public Works project when their portion is over $60,000 are actively registered with the Labor Relations Division prior to bidding. Submit bi-weekly certified payrolls to the owner/contracting agency. Make certain NM Apprenticeship and Training Fund payments are to be paid either to an approved Apprenticeship program or to the Labor Relations Division. Confirm the Wage Rate poster, provided by the Labor Relations Division, is displayed at the job site in an easily accessible place. Make sure, when a project has been completed, the Affidavits of Wages Paid (AWP) is sent to the Contracting Agency. Sub-Contractor Ensure that all sub-contractors wishing to bid on a Public Works project when their portion is over $60,000 are actively registered with the Labor Relations Division prior to bidding. Submit bi-weekly certified payrolls to the General Contractor(s). Make certain NM Apprenticeship and Training Fund payments are to be paid either to an approved Apprenticeship program or to the Labor Relations Division. “AN EQUAL OPPORTUNITY EMPLOYER” Additional Information Reference material and forms for these requirements are available through the following New Mexico Workforce Solutions Web Link. www.dws.state.nm.us/new/Labor_Relations/publicworks.html. Additional Information Additional information, requirements, and documents on these topics can be found through the Public Works web pages. Labor Enforcement Fund (LEF) Weekly Certified Payroll Public Works Apprenticeship and Training Fund (PWAT) Forms: Statement of Intent (SOI), Affidavit of Wages Paid (AWP) Prevailing Wage Rates (Base Rates, Fringe, and Apprenticeship Contributions) CONTACT INFORMATION Contact us for any questions relating to Public Works Projects. Kim Kew at [email protected] or 505-841-4405 Otis Caddy [email protected] 505-841-4406 Stacey Lowrey [email protected] 505-841-4412 “AN EQUAL OPPORTUNITY EMPLOYER” Revision Date 8/23/13 MODIFICATION CHANGE REQUEST (MCR) Project Name: ______________________________________________________________________________________________ Contract Date: ______________ Current Date: ________________________ CNM PO# _____________ MCR Log Number: _____________________ Contractor: ________________________ CNM Project Manager: _________________________ Project A/E: ____________________________ Phone: ______________________________ Who Has Requested Work Be Done: i.e., contractor, subcontractor, owner, etc. Description and reason for Change: Initial _____________ Attachment(s) Yes No First why, then how Requested Time Adjustment: _______ Days Reasons for changes: Field Conditions Owner Request A/E Oversight A/E Errors and Omissions Regulatory Other All MCRs below $10,000.00 or involving one-ten days extension require the signature of the Contractor, Architect, CNM Project Manager and CNM Exec. Director for Facilities. CNM’s Director for Purchasing and Materials Management must approve change requests that exceed $10,000.00 or involve time extensions beyond ten [10] days in addition to the Contractor, Architect, CNM project Mgr. and Exec. Dir. of Facilities. MCRs in excess of $100,000.00 are not binding upon Owner unless also signed by the CNM Comptroller and the CNM Vice President for Planning and Budget. Contractors Cost: (Include backup.) Estimated Not-to-exceed Amount ___________________ Initial__________ (CNM Project Manager ) Date ______________ (Includes all parts, labor, material, equipment, overhead, markup, insurance, etc.) A. Do Not Proceed B. Proceed with Estimate of Construction Costs Only! C. Proceed with the Work, Change Order Documents to Follow, A.S.A.P.! Change orders must be submitted using change order forms. No change orders shall be binding upon CNM unless signed by the CNM Purchasing Director, the Comptroller and the VP for Planning and Budget. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request supporting documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Modification Change Request to be submitted with one (1) original and four (4) copies. CNM - Review of Content and/or Feasibility: ____________________________ Contractor __________ Date _________________________________ Architect ___________ Date _________________________ __________ CNM, Facilities Project Manager ___________________________________ CNM, Facilities Executive Director Copyright CNM, 2011. All rights reserved. _______________________________ ___________ CNM, Buyer Date Date ___________________________________ CNM, Director of Purchasing ___________________________________ CNM Comptroller ___________ Date ___________ Date ___________ Date ___________________________________ CNM VP of Planning and Budget ___________ Date CENTRAL NEW MEXICO COMMUNITY COLLEGE 525 BUENA VISTA SE ALBUQUERQUE, NM 87106 CHANGE ORDER FORM Project Name: ________________________________________________________________________________________________ Change Order No. _______________ P.O. No. ______________ Project No. ____________________ Contractor: _______________________________________ Contract Date: ______________ CNM Project Manager: ________________________________________________ Project A/E: _______________________________________________________ Phone: ____________________________ Notice to Proceed: ________________________________ ****************************************************************************************** Original Contract Amount Net Change by Previous Change Order Total Contract Amount by Previous Change Orders Net Change This Change Order Contract Sum to Date $______________________ $______________________ $______________________ $______________________ $______________________ Original Contract Time (Consecutive Calendar Days) Previous Contract Time Adjustment This Change Order Revised Contract Time ____________________days ____________________days ____________________days ____________________days Original Completion Date Previous Completion Date Revised Completion Date _______________________ _______________________ _______________________ ******************************************************************************************** CHANGE ORDER DESCRIPTION: ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ________________________________________________________________________________ Reason for Change(s) Field Conditions , Owner Request , A/E Oversight , Regulatory , Other , Emergency In accordance with the contract between Central New Mexico Community College (Owner) and _______________________________________ (Contractor) dated ___________________________________, this document inclusive of the attached pricing worksheets constitutes a binding contractual modification and comprises the total compensation due to the Contractor for the work and contract time defined in this change order. This change order consists of this page and all attachments, which have been given consecutive page numbers. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Submitted by Contractor: ____________________________________________ Date: ___________________ Reviewed by Architect: _____________________________________________ Date: ___________________ Reviewed by CNM Project Manager/Exec Dir. Of Facilities: _____________________/____________________ Date: ___________________ Approved by CNM Buyer/Dir. of Purchasing & Mats Mgt _____________________/_______________________ Date: ___________________ Approved by CNM Comptroller: _______________________________________________ Date: ___________________ Approved by CNM VP Planning and Budget: _______________________________________________ Date: ___________________ No change orders shall be binding upon Owner unless signed by the CNM Purchasing Director the Comptroller and the VP for Planning and Budget. MCR’s in excess of $100,000.00 are not binding upon Owner unless also signed by the CNM Comptroller and the CNM Vice President for Administrative Services. Copyright CNM, 2011. All rights reserved. CONTRACTOR: CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION Project Name: __________________________________________________________________________________________ Change Order No. _________________________________ P.O. No. __________________________ Contractor Name: ________________________________________ Phone No. ______________________ ****************************************************************************************** CONTRACTOR’S SUMMARY OF COSTS Contractors Labor: (Work Performed by Contractor’s Employees) Job Class #1_________________________ No. of hours __________ Hourly Rate: _____________ Labor Burden _________ = __________________ = __________________ Job Class #2_________________________ No. of hours __________ Hourly Rate: _____________ Labor Burden _________ = __________________ = __________________ Job Class #3_________________________ No. of hours __________ Hourly Rate: _____________ Labor Burden _________ = __________________ = __________________ Job Class #4_________________________ No. of hours __________ Hourly Rate: _____________ Labor Burden _________ = __________________ = __________________ Job Class #5_________________________ No. of hours __________ Hourly Rate: _____________ Labor Burden _________ Labor Total: = __________________ = __________________ ____________________ Material Costs: Equipment Costs: Total Direct Costs: Overhead & Profit: ____________________ ____________________ ____________________ _________ ____________________ Subtotal: ____________________ Subcontractor’s Costs: Contractor’s Overhead & Profit on Subcontractor Work: ____________________ _________ ____________________ Subtotal: ____________________ Bond Premium: _________ TOTAL COST: ____________________ ____________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_______________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip___________________________________________________________________________________________________ Copyright CNM, 2011. All rights reserved. CONTRACTOR: CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION Project Name: _____________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. __________________________________ Contractor Name: ________________________________________ Phone No. _______________________ ****************************************************************************************** CONTRACTOR’S LABOR BURDEN BREAKDOWN Work Performed by Contractor’s Employees: Job Class #1_______________________________________ Hourly Rate: _______________________ Union benefits: Net Actual Cost to Employer for Employee Union Benefits……………………………….__________ Payroll Taxes: FICA………………………………………………………………………………………..__________ Medicare……………………………………………………………………………………__________ State Unemployment Tax…………………………………………………………………..__________ Federal Unemployment Tax………………………………………………………………..__________ Insurance: Worker’s Comp. Insurance…………………………………………………………………__________ General Liability Insurance…………………………………………………………………__________ TOTAL: ______________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_____________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form should be submitted for each Job Class Copyright CNM, 2011. All rights reserved. CONTRACTOR: CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION Project Name: _____________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. __________________________________ Contractor Name: ________________________________________ Phone No. _______________________ ****************************************************************************************** CONTRACTOR’S LABOR BURDEN BREAKDOWN Work Performed by Contractor’s Employees: Job Class #2_______________________________________ Hourly Rate: _______________________ Union benefits: Net Actual Cost to Employer for Employee Union Benefits……………………………….__________ Payroll Taxes: FICA………………………………………………………………………………………..__________ Medicare……………………………………………………………………………………__________ State Unemployment Tax…………………………………………………………………..__________ Federal Unemployment Tax………………………………………………………………..__________ Insurance: Worker’s Comp. Insurance…………………………………………………………………__________ General Liability Insurance…………………………………………………………………__________ TOTAL: ______________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_____________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form should be submitted for each Job Class Copyright CNM, 2011. All rights reserved. CONTRACTOR: CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION Project Name: _____________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. __________________________________ Contractor Name: ________________________________________ Phone No. _______________________ ****************************************************************************************** CONTRACTOR’S LABOR BURDEN BREAKDOWN Work Performed by Contractor’s Employees: Job Class #3_______________________________________ Hourly Rate: _______________________ Union benefits: Net Actual Cost to Employer for Employee Union Benefits……………………………….__________ Payroll Taxes: FICA………………………………………………………………………………………..__________ Medicare……………………………………………………………………………………__________ State Unemployment Tax…………………………………………………………………..__________ Federal Unemployment Tax………………………………………………………………..__________ Insurance: Worker’s Comp. Insurance…………………………………………………………………__________ General Liability Insurance…………………………………………………………………__________ TOTAL: ______________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_____________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form should be submitted for each Job Class Copyright CNM, 2011. All rights reserved. CONTRACTOR: CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION Project Name: _____________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. __________________________________ Contractor Name: ________________________________________ Phone No. _______________________ ****************************************************************************************** CONTRACTOR’S LABOR BURDEN BREAKDOWN Work Performed by Contractor’s Employees: Job Class #4_______________________________________ Hourly Rate: _______________________ Union benefits: Net Actual Cost to Employer for Employee Union Benefits……………………………….__________ Payroll Taxes: FICA………………………………………………………………………………………..__________ Medicare……………………………………………………………………………………__________ State Unemployment Tax…………………………………………………………………..__________ Federal Unemployment Tax………………………………………………………………..__________ Insurance: Worker’s Comp. Insurance…………………………………………………………………__________ General Liability Insurance…………………………………………………………………__________ TOTAL: ______________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_____________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form should be submitted for each Job Class Copyright CNM, 2011. All rights reserved. CONTRACTOR: CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION Project Name: _____________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. __________________________________ Contractor Name: ________________________________________ Phone No. _______________________ ****************************************************************************************** CONTRACTOR’S LABOR BURDEN BREAKDOWN Work Performed by Contractor’s Employees: Job Class #5_______________________________________ Hourly Rate: _______________________ Union benefits: Net Actual Cost to Employer for Employee Union Benefits……………………………….__________ Payroll Taxes: FICA………………………………………………………………………………………..__________ Medicare……………………………………………………………………………………__________ State Unemployment Tax…………………………………………………………………..__________ Federal Unemployment Tax………………………………………………………………..__________ Insurance: Worker’s Comp. Insurance…………………………………………………………………__________ General Liability Insurance…………………………………………………………………__________ TOTAL: ______________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_____________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form should be submitted for each Job Class Copyright CNM, 2011. All rights reserved. CONTRACTOR: CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION Project Name: ______________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. _______________________________ Contractor Name:_________________________________________ Phone No. ______________________ ****************************************************************************************** CONTRACTOR’S MATERIAL COSTS Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Description QTY Unit Price Ext. Price * Above pricing information is developed or based upon: ____________________________________________________________ (Attach supporting documentation if required) TOTAL: ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_______________________________________ Name Typed___________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ Copyright CNM, 2011. All rights reserved. CONTRACTOR: CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION Project Name: _________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. _______________________________ Contractor Name:_________________________________________ Phone No. ______________________ ****************************************************************************************** CONTRACTOR’S EQUIPMENT COSTS Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Description QTY Unit Price Ext. Price * Above pricing information is developed or based upon: ____________________________________________________________ (Attach supporting documentation if required) TOTAL: ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_______________________________________ Name Typed___________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form may only be submitted for rental or major equipment with an individual purchase cost of more than $750. Copyright CNM, 2011. All rights reserved. SUBCONTRACTOR: CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION Project Name: __________________________________________________________________________________________ Change Order No. _________________________________ P.O. No. __________________________ Contractor Name: ________________________________________ Phone No. ______________________ ****************************************************************************************** SUBCONTRACTOR’S SUMMARY OF COSTS Subcontractors Labor: (Work Performed by Subcontractor’s Employees) Job Class #1_________________________ No. of hours __________ Hourly Rate: _____________ Labor Burden _________ = __________________ = __________________ Job Class #2_________________________ No. of hours __________ Hourly Rate: _____________ Labor Burden _________ = __________________ = __________________ Job Class #3_________________________ No. of hours __________ Hourly Rate: _____________ Labor Burden _________ = __________________ = __________________ Job Class #4_________________________ No. of hours __________ Hourly Rate: _____________ Labor Burden _________ = __________________ = __________________ Job Class #5_________________________ No. of hours __________ Hourly Rate: _____________ Labor Burden _________ Labor Total: = __________________ = __________________ ____________________ Material Costs: Equipment Costs: Total Direct Costs: Overhead & Profit: ____________________ ____________________ ____________________ _________ ____________________ Subtotal: ____________________ Subcontractor’s Costs: Contractor’s Overhead & Profit on Subcontractor Work: ____________________ _________ ____________________ Subtotal: ____________________ Bond Premium: _________ TOTAL COST: ____________________ ____________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_______________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip___________________________________________________________________________________________________ Copyright CNM, 2011. All rights reserved. SUBCONTRACTOR: CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION Project Name: _____________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. __________________________________ Contractor Name: ________________________________________ Phone No. _______________________ ****************************************************************************************** SUBCONTRACTOR’S LABOR BURDEN BREAKDOWN Work Performed by Subcontractor’s Employees: Job Class #1_______________________________________ Hourly Rate: _______________________ Union benefits: Net Actual Cost to Employer for Employee Union Benefits……………………………….__________ Payroll Taxes: FICA………………………………………………………………………………………..__________ Medicare……………………………………………………………………………………__________ State Unemployment Tax…………………………………………………………………..__________ Federal Unemployment Tax………………………………………………………………..__________ Insurance: Worker’s Comp. Insurance…………………………………………………………………__________ General Liability Insurance…………………………………………………………………__________ TOTAL: ______________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_____________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form should be submitted for each Job Class Copyright CNM, 2011. All rights reserved. SUBCONTRACTOR: CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION Project Name: _____________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. __________________________________ Contractor Name: ________________________________________ Phone No. _______________________ ****************************************************************************************** SUBCONTRACTOR’S LABOR BURDEN BREAKDOWN Work Performed by Subcontractor’s Employees: Job Class #2_______________________________________ Hourly Rate: _______________________ Union benefits: Net Actual Cost to Employer for Employee Union Benefits……………………………….__________ Payroll Taxes: FICA………………………………………………………………………………………..__________ Medicare……………………………………………………………………………………__________ State Unemployment Tax…………………………………………………………………..__________ Federal Unemployment Tax………………………………………………………………..__________ Insurance: Worker’s Comp. Insurance…………………………………………………………………__________ General Liability Insurance…………………………………………………………………__________ TOTAL: ______________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_____________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form should be submitted for each Job Class Copyright CNM, 2011. All rights reserved. SUBCONTRACTOR: CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION Project Name: _____________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. __________________________________ Contractor Name: ________________________________________ Phone No. _______________________ ****************************************************************************************** SUBCONTRACTOR’S LABOR BURDEN BREAKDOWN Work Performed by Subcontractor’s Employees: Job Class #3_______________________________________ Hourly Rate: _______________________ Union benefits: Net Actual Cost to Employer for Employee Union Benefits……………………………….__________ Payroll Taxes: FICA………………………………………………………………………………………..__________ Medicare……………………………………………………………………………………__________ State Unemployment Tax…………………………………………………………………..__________ Federal Unemployment Tax………………………………………………………………..__________ Insurance: Worker’s Comp. Insurance…………………………………………………………………__________ General Liability Insurance…………………………………………………………………__________ TOTAL: ______________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_____________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form should be submitted for each Job Class Copyright CNM, 2011. All rights reserved. SUBCONTRACTOR: CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION Project Name: _____________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. __________________________________ Contractor Name: ________________________________________ Phone No. _______________________ ****************************************************************************************** SUBCONTRACTOR’S LABOR BURDEN BREAKDOWN Work Performed by Subcontractor’s Employees: Job Class #4_______________________________________ Hourly Rate: _______________________ Union benefits: Net Actual Cost to Employer for Employee Union Benefits……………………………….__________ Payroll Taxes: FICA………………………………………………………………………………………..__________ Medicare……………………………………………………………………………………__________ State Unemployment Tax…………………………………………………………………..__________ Federal Unemployment Tax………………………………………………………………..__________ Insurance: Worker’s Comp. Insurance…………………………………………………………………__________ General Liability Insurance…………………………………………………………………__________ TOTAL: ______________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_____________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form should be submitted for each Job Class Copyright CNM, 2011. All rights reserved. SUBCONTRACTOR: CHANGE ORDER WORKSHEET AND PRICE CERTIFICATION Project Name: _____________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. __________________________________ Contractor Name: ________________________________________ Phone No. _______________________ ****************************************************************************************** SUBCONTRACTOR’S LABOR BURDEN BREAKDOWN Work Performed by Subcontractor’s Employees: Job Class #5_______________________________________ Hourly Rate: _______________________ Union benefits: Net Actual Cost to Employer for Employee Union Benefits……………………………….__________ Payroll Taxes: FICA………………………………………………………………………………………..__________ Medicare……………………………………………………………………………………__________ State Unemployment Tax…………………………………………………………………..__________ Federal Unemployment Tax………………………………………………………………..__________ Insurance: Worker’s Comp. Insurance…………………………………………………………………__________ General Liability Insurance…………………………………………………………………__________ TOTAL: ______________________ ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_____________________________________ Name Typed____________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form should be submitted for each Job Class Copyright CNM, 2011. All rights reserved. SUBCONTRACTOR: CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION Project Name: ______________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. _______________________________ Contractor Name:_________________________________________ Phone No. ______________________ ****************************************************************************************** SUBCONTRACTOR’S MATERIAL COSTS Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Description QTY Unit Price Ext. Price * Above pricing information is developed or based upon: ____________________________________________________________ (Attach supporting documentation if required) TOTAL: ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_______________________________________ Name Typed___________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ Copyright CNM, 2011. All rights reserved. CHANGE ORDER WORKSHEET AND PRICING CERTIFICATION Project Name: _________________________________________________________________________________________ Change Order No. ________________________________ P.O. No. _______________________________ Contractor Name:_________________________________________ Phone No. ______________________ ****************************************************************************************** SUBCONTRACTOR’S EQUIPMENT COSTS Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Description QTY Unit Price Ext. Price * Above pricing information is developed or based upon: ____________________________________________________________ (Attach supporting documentation if required) TOTAL: ****************************************************************************************** The undersigned hereby certifies, warrants and represents that to the best of Contractor’s knowledge, the cost or pricing data submitted is true and accurate as of the submitted date, and in accordance with the contract agreement. The price to CNM, including profit or fee, shall be adjusted to exclude any significant sums by which CNM reasonably finds that such price was increased because the contractor furnished cost or pricing data was inaccurate, incomplete, or not current as of the date of submittal. The undersigned further certifies that he/she has the authority to certify compliance for the contractor named below. Supporting documentation is required, i.e. quotes, invoices, etc., for change orders exceeding $10,000.00. CNM reserves the right to request documentation for change orders less than $10,000.00. Actual invoices, payroll reports, quotes, etc. may be requested by owner to support the not to exceed amount of change order. Signature________________________________________________________ Title_______________________________________ Name Typed___________________________________________________________________ Date________________________ Company___________________________________________________________________________________________________ Address____________________________________________________________________________________________________ City/State/Zip_______________________________________________________________________________________________ *This form may only be submitted for rental or major equipment with an individual purchase cost of more than $750. Copyright CNM, 2011. All rights reserved. TECHNICAL SPECIFICATIONS SECTION ADMINISTRATIVE PROVISIONS TESTING LABORATORY SERVICES TEMPORARY FACILITIES AND CONTROLS FIELD ENGINEERING CLOSEOUT SUBMITTALS SELECTIVE DEMOLITION CONCRETE FORMWORK CONCRETE REINFORCEMENT CAST-IN-PLACE CONCRETE STRUCTURAL STEEL LIGHTGAGE METAL FRAMING METAIL RAILINGS SHEATHING ALUMINUM PLATE PANEL SYSTEM JOINT SEALANTS PAINTING & COATING EARTHWORK INTERLOCKING CONCRETE PAVERS PERMEABLE INTERLOCKING CONCRETE PAVERS LANDSCAPE IRRIGATION SYSTEM LANDSCAPE PLANTING 01 3000 01 4529 01 5000 01 7123 01 7800 02 4113 03 1100 03 2000 03 3000 05 1200 05 4000 05 5200 06 1600 07 4213 07 9200 09 9000 31 2000 32 1400 32 1413 32 8400 32 9300 CNM – BUILDING “A” COURTYARD RENOVATION 1 TECHNICAL SPECIFICATIONS SECTION 013000 - ADMINISTRATIVE PROVISIONS PART 1 - GENERAL 1.01 WORK OF THE CONTRACTOR A. 1.02 SAFE PASSAGE PROTECTION A. 1.03 If applicable obtain Inspection Certificates from the local governing authority prior to final payment. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A. 1.08 Warrant and guarantee all workmanship performed by him and materials supplied by him for a period of one (1) year from date of Substantial Completion. All guarantees or warranties for this period, or for longer periods of time required by Sections of these Specifications shall be secured, including those from separate Subcontractors and delivered to the Owner and are hereby warranted by General Contractor. CERTIFICATE OF OCCUPANCY A. 1.07 Contractor or Contractors. Secure and pay for all permits and all taxes or fees required for performance of work. See also General Conditions. GUARANTEE/WARRANTY A. 1.06 Provide temporary shoring, anchoring and bracing required by the nature of the work in order to make all parts absolutely rigid and stable. The Contractor shall be responsible for any damage resulting from failure to provide--either through lack of proper judgment or from any other cause. PERMIT AND TAXES A. 1.05 Coordinate all construction activities and provide all fencing and signage required to ensure safe passage of all persons to locations as indicated on the Drawings or where required for normal activities by the Owner. SHORING, ANCHORING AND BRACING A. 1.04 Provide labor and materials and perform and complete all work for the construction of the project indicated and/or specified in the contract documents and including all work indicated and/or specified in the addenda, bulletins, or amendments of said contract documents. Work shall be commenced on the date established by written Notice to Proceed. Substantial Completion shall be achieved not later than 120 days from date of Notice to Proceed. PERIODIC PROGRESS REPORTS A. Include with each Application for Payment a statement regarding compliance with CNM – BUILDING “A” COURTYARD RENOVATION 013000 - 1 ADMINISTRATIVE PROVISIONS current construction schedule. B. If Contract time is extended by Change Order, revise construction schedule accordingly. END OF SECTION CNM – BUILDING “A” COURTYARD RENOVATION 013000 - 2 ADMINISTRATIVE PROVISIONS SECTION 014529 - TESTING LABORATORY SERVICES PART 1 - GENERAL 1.01 DESCRIPTION A. 1.02 1.03 QUALITY ASSURANCE A. Qualifications of Testing Laboratory: Tests shall be made by laboratories selected by the Owner. B. Codes and Standards: Testing, when required, will be in accordance with all pertinent codes and regulations and with selected standards of the American Society for Testing and Materials. PRODUCT HANDLING A. 1.04 Where laboratory tests are required by the specifications, the Contractor shall make such tests in accordance with the appropriate reference requirements. The Contractor shall promptly process and distribute all required copies of test reports and related instructions to ensure all necessary retesting and/or replacement of materials with the least possible delay in progress of the work. The Contractor shall submit four copies of test results to the Landscape Architect along with other submittal material. PAYMENT FOR TESTING SERVICES A. The Contractor shall pay for all testing services. 1.05 CODE COMPLIANCE TESTING A. 1.06 Inspections and tests required by codes or ordinances, or by a plan approval authority, and made by a legally constituted authority, shall be the responsibility of the Contractor, unless otherwise provided in the Contract Documents. CONTRACTOR’S CONVENIENCE TESTING A. Inspection or testing performed exclusively for the Contractor’s convenience shall be the sole responsibility of the Contractor. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION 3.01 COOPERATION WITH TESTING LABORATORY A. Representatives of the testing laboratory shall have access to the work at all times. The CNM – BUILDING “A” COURTYARD RENOVATION 014529 - 1 TESTING LABORATORY SERVICES Contractor shall provide facilities for such access in order that the laboratory may properly perform its functions. 3.02 SCHEDULES FOR TESTING A. 3.03 Establish Schedules: 1. By advance discussion with the testing laboratory selected by the Owner, the Contractor shall determine the time required for the laboratory to perform its tests and to issue each of its findings. 2. The Contractor shall schedule testing to provide for all required time within the construction schedule. B. Revising Schedule: When changes of construction schedule are necessary during construction, coordinate all such changes of schedule with the testing laboratory as required. C. Adherence to Schedule: When the testing laboratory is ready to test according to the determined schedule but is prevented from testing or taking specimens by incompleteness of the work, all extra costs for testing attributable to the delay shall be back charged to the Contractor and shall not be borne by the Owner. TAKING SPECIMENS A. All specimens and samples for testing, unless otherwise provided in these Contract Documents, shall be taken by the testing laboratory; all sampling equipment and personnel shall be provided by the testing laboratory; and all deliveries of specimens and samples to the testing laboratory shall be performed by the testing laboratory. END OF SECTION CNM – BUILDING “A” COURTYARD RENOVATION 014529 - 2 TESTING LABORATORY SERVICES SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.01 DESCRIPTION OF THE WORK INCLUDED A. Temporary facilities and controls required for this work include, but are not necessarily limited to: 1. 2. 3. 4. 1.02 COMPLIANCE WITH SAFETY REGULATIONS A. 1.03 Temporary utilities such as water and electricity; Necessary field offices and sheds; Enclosures such as tarpaulins, barricades and canopies; Portable toilets. Compliance with all requirements of pertinent regulations is described in the General Conditions of the Contract. Equipment furnished by the Contractor and subcontractors shall comply with all requirements of pertinent safety regulations. PRODUCT HANDLING A. Protection: The Contractor shall use all means necessary to maintain temporary facilities and controls in proper and safe condition throughout progress of the work. B. Replacement: In the event of loss or damage, the Contractor shall immediately make all repairs and replacements necessary for the approval of the Landscape Architect and at no additional cost to the Owner. PART 2 - PRODUCTS 2.01 UTILITIES A. 2.02 Temporary Utilities 1. General: The Contractor shall provide and pay all costs for all water and electricity required for the performance of the work. 2. Temporary Water: The Contractor shall furnish and install all necessary temporary piping and, upon completion of the work, remove all such temporary piping. 3. Temporary Electricity: The Contractor shall furnish and install all necessary temporary wiring. The Contractor shall furnish and install area distribution boxes; these boxes shall be so located that the individual trades may use their own construction-type extension cords to obtain adequate power and artificial lighting at all points where required by inspectors and for safety. FIELD OFFICES AND SHEDS CNM – BUILDING “A” COURTYARD RENOVATION 01 5000 - 1 TEMPORARY FACILITIES AND CONTROL A. 2.03 ENCLOSURES A. 2.04 The Contractor shall furnish, install and maintain for the duration of construction all required scaffolds, tarpaulins, barricades, canopies, warning signs, steps, bridges, platforms, and other temporary construction necessary for proper completion of the work in compliance with all pertinent safety and other regulations. PORTABLE TOILETS A. 2.05 Only if directed by the Owner, the Contractor shall furnish and install a field building adequate in size and accommodation for all Contractor’s offices, superintendent’s office, supply and tool room; the Contractor shall make the field office available to the Landscape Architect throughout the entire construction period. The Contractor shall furnish portable toilets for workman’s use during construction at each site. Toilets shall comply in quality and construction with all government regulations, including OSHA requirements. TRAFFIC CONTROL A. The Contractor shall furnish and install traffic control barricading necessary to ensure safety on the construction site as well as on adjacent streets. Barricading shall be in compliance with local and state codes. PART 3 - EXECUTION 3.01 REMOVAL A. The Contractor shall maintain all temporary facilities and controls as long as needed for the safe and proper completion of the work. The Contractor shall remove all such temporary facilities and controls as rapidly as progress of the work will permit, or as directed by the Landscape Architect. END OF SECTION CNM – BUILDING “A” COURTYARD RENOVATION 01 5000 - 2 TEMPORARY FACILITIES AND CONTROL SECTION 017123 - FIELD ENGINEERING PART 1 - GENERAL 1.01 ENGINEERING AND LAYOUT A. The Contractor shall provide competent engineering services to execute the work in accordance with the Contract Documents. He shall verify the figures shown on the drawings before undertaking any construction work and shall be responsible for the accuracy of the finished work. B. The Contractor shall protect and preserve the established bench marks and monuments, and shall make no changes in locations without the written approval of the Owner. Any of them, which may be lost or destroyed or which require shifting because of necessary changes in grade or locations, shall, subject to prior approval of the Owner, be replaced and accurately located by the Contractor. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION Not used. END OF SECTION CNM – BUILDING “A” COURTYARD RENOVATION 017123 - 1 FIELD ENGINEERING SECTION 017800 – CLOSEOUT SUBMITTALS PART 1 - GENERAL 1.01 PROJECT RECORD DRAWINGS A. 1.02 OPERATING AND MAINTENANCE MANUALS A. 1.03 As the work progresses, the Contractor shall record on one set of drawings all changes and deviations of any nature from the construction drawings. The Contractor shall record the exact final location of irrigation and electrical lines if different than shown on construction drawings, by offset distances to surface improvements such as buildings or curbs. The Contractor shall make sufficient measurements to locate definitely all utility lines. At completion of work, the Contractor shall transfer accurately all such records to a set of reproducible mylar drawings and deliver the same to the Landscape Architect. All operating and maintenance manuals shall be retained by the Contractor until completion of the project. Instructions concerning operation and maintenance of all site mechanical systems and maintenance of plant material shall be included in the manual(s). Two (2) sets of all manuals shall be turned over to the Landscape Architect at project completion. CONTROLLER LOCK KEYS A. The Contractor shall retain all controller keys until final acceptance of the project, at which time two (2) sets of keys shall be delivered to the Landscape Architect. END OF SECTION CNM – BUILDING “A” COURTYARD RENOVATION 017800 - 1 CLOSEOUT SUBMITTALS SECTION 024113 - SELECTIVE DEMOLITION PART 1 - GENERAL 1.01 SECTION INCLUDES A. Extent of selective demolition work is noted on the appropriate drawings and falls within the Contract Limit. B. Coordinate work of trades and schedule elements of alterations and renovation work by procedures and methods to expedite completion of the work. C. Cut, move or remove items as necessary to provide access or to allow alterations and new work to proceed. Include such items as: D. 1.02 Repair or removal of hazardous or unsanitary conditions. 2. Removal of abandoned items and items serving no useful purposes, such as abandoned piping, conduit and wiring. 3. Removal of unsuitable or extraneous materials not marked for salvage, such as abandoned furnishings and equipment, and debris such as rotted wood, rusted metals and deteriorated concrete. 4. Cleaning of surfaces, and removal of surface finishes as needed to install new work and finishes. Patch, repair and refinish existing items to remain to the specified condition for each material, with a workmanlike transition to adjacent new items of construction. SUBMITTALS A. 1.03 1. Submit a schedule indicating proposed methods and sequence of operations for selective demolition work prior to commencement of work. Include coordination for shut-off, capping, and continuation of utility services as required, together with details for dust and noise control protection. Provide detailed sequence of demolition and removal work to ensure uninterrupted progress of Owner’s on-site operations. PROJECT CONDITIONS: A. Occupancy: Owner will be continuously occupying areas of buildings immediately adjacent to areas of selective demolition work. Conduct selective demolition work in a manner that will minimize disruption of Owner’s normal operations. Provide a minimum of 72 hours advance notice to Owner of demolition activities which will impact Owner’s normal operations and obtain approval from Owner of proposed schedule of demolition activities before proceeding with the work. B. Condition of Structures: Owner assumes no responsibility for actual condition of items or structures to be demolished. Conditions existing at time of commencement of contract CNM – BUILDING “A” COURTYARD RENOVATION 024113 - 1 SELECTIVE DEMOLITION will be maintained by Owner insofar as practicable. However, variations within structure may occur by Owner’s removal and salvage operations prior to start of selective demolition work. C. Partial Removal: Items indicated to be returned to the Owner may be removed from the site as work progresses. Transport these items to on-campus storage areas as directed by the Owner. D. Protection of Persons and Property: Provide temporary barricades and other forms of protection as required to protect Owner’s personnel and general public from injury due to selective demolition work. 1. Provide protective measures as required to provide free and safe passage of Owner’s personnel and general public to and from occupied portions of buildings. E. Protect existing finishes, equipment, and adjacent work which is scheduled to remain, from damage. Protect existing and proposed work from weather and extremes of temperature. F. Traffic: Conduct selective demolition operations and debris removal in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close, block or otherwise obstruct streets, walks or other occupied or used facilities without written permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. G. Discoveries of construction, furnishings and articles having a historic or private value shall remain in possession of Owner. 1. Promptly notify Landscape Architect or Owner. 2. Protect discovery from damage from elements or work. 3. Landscape Architect will promptly transmit Owner’s decision for disposition of discovery. 4. or Contractor shall store items to be retained by Owner in a safe, dry place on site, shall dispose of items which Owner releases. H. Explosives: Use of explosives will not be permitted. I. Utility Services: Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. 1. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to governing authorities. PART 2 - PRODUCTS CNM – BUILDING “A” COURTYARD RENOVATION 024113 - 2 SELECTIVE DEMOLITION 2.01 SALVAGED MATERIALS A. Salvage sufficient quantities of cut or removed material to replace material damaged by work of existing construction, when material is not readily obtainable on current market or when instructed to do so by the Owner. 1. Store salvaged items in a dry, secure place on site. 2. Items not required for use in repair of existing work shall remain the property of Owner. 3. Do not incorporate salvaged or used material in proposed construction except with permission of the Landscape Architect. 2.02 PRODUCTS FOR PATCHING, EXTENDING AND MATCHING A. General Requirements that Work be Complete: 1. Provide same products or types of construction as that in existing site, as needed to patch, extend or match existing work. a. 2. Generally Contract Documents will not define products or standards of workmanship present in existing construction; Contractor shall determine products by inspection and any necessary testing, and workmanship by use of the existing as a sample for comparison. Presence of a product, finish, or type of construction, requires that patching, extending or matching shall be performed as necessary to make work complete and consistent to identical standards of quality. PART 3 - EXECUTION 3.01 INSPECTION A. 3.02 Prior to commencement of selective demolition work, inspect areas in which work will be performed. Photograph existing damage to structure surfaces, equipment or to surrounding properties which could be misconstrued as damage resulting from selective demolition work; file with Landscape Architect prior to starting work. PREPARATION A. Provide interior and exterior shoring, bracing, or support to prevent movement, settlement or collapse of structures to be demolished and adjacent facilities to remain. 1. B. Cease operations and notify the Landscape Architect immediately if safety of structure appears to be endangered. Take precautions to properly support structure. Do not resume operations until safety is restored. Locate, identify, stub off and disconnect utility services that are not indicated to remain. CNM – BUILDING “A” COURTYARD RENOVATION 024113 - 3 SELECTIVE DEMOLITION 1. 3.03 DEMOLITION A. B. 3.04 3.05 Provide by-pass connections as necessary to maintain continuity of service to occupied areas of buildings. Provide a minimum of 72 hours advance notice to Owner if shut-down of service is necessary during change-over, and obtain Owner’s approval of this proposed schedule of shut-down of service. Perform selective demolition work in a systematic manner. Use such methods as required to complete work indicated in accordance with the approved demolition schedule and governing regulations. 1. Demolish concrete and masonry in small sections. Cut concrete and masonry at junctures with construction to remain using power-driven masonry saw or hand tools; do not use power-driven impact tools. 2. Demolish foundation walls to a depth of not less than 12 inches below existing ground surface. Demolish and remove below-grade wood or metal construction. Break up below-grade concrete slabs. 3. Completely fill below-grade areas and voids resulting from demolition work. Provide fill consisting of approved earth, gravel or sand, free of debris, stones over 6 inch diameter, roots or other organic matter. If unanticipated mechanical, electrical or structural elements which conflict with intended function or design are encountered, investigate and measure both nature and extent of the conflict. Submit report to Landscape Architect in written, accurate detail. Pending receipt of directive from Landscape Architect, rearrange selective demolition schedule as necessary to continue overall job progress without delay. ADJUSTMENTS A. Assign the work of moving, removal, cutting and patching, to trades qualified to perform the work in a manner to cause least damage to each type of work, and provide means of returning surfaces to appearance of new work. B. Perform cutting and removal work to remove minimum necessary and in a manner to avoid damage to adjacent work. Cut finish surfaces in a straight line at a natural point of division. DAMAGED SURFACES A. Patch or replace any portion of an existing finished surface which is found to be damaged, lifted, discolored, or shows other imperfections, with matching material. 1. Provide adequate support of substrate prior to patching the finish. 2. Refinish patched portions of painted or coated surfaces in a manner to produce uniform color and texture over entire surface. CNM – BUILDING “A” COURTYARD RENOVATION 024113 - 4 SELECTIVE DEMOLITION 3. 3.06 TRANSITION FROM EXISTING TO PROPOSED WORK A. When proposed work abuts or finishes flush with existing work, make a smooth and workmanlike transition. Patched work shall match existing adjacent work in texture and appearance so that the patch or transition is invisible at a distance of five feet. 1. 3.07 When finished surfaces are cut in such a way that a smooth transition with proposed work is not possible, terminate existing surface in a neat manner along a straight line at a natural line of division, and provide trim appropriate to finished surface. CLEANING A. 3.08 When existing surface finish cannot be matched, refinish entire surface to nearest intersections. Perform periodic and final cleaning. 1. Clean Owner-occupied areas daily. 2. Clean spillage, overspray, and heavy collection of dust in Owner-occupied areas immediately. B. At completion of work of each trade, clean area and make surfaces ready for work of successive trades. C. At completion of alterations work in each area, provide final cleaning and return space to a condition suitable for use by Owner. DISPOSAL OF DEMOLISHED MATERIALS A. Remove from site debris, rubbish, and other materials resulting from demolition operations. Burning of removed materials will not be permitted on site. Transport materials removed from demolition operations and legally dispose of off site. END OF SECTION CNM – BUILDING “A” COURTYARD RENOVATION 024113 - 5 SELECTIVE DEMOLITION SECTION 031100 - CONCRETE FORMWORK PART 1 GENERAL 1.01 WORK INCLUDED A. 1.02 1.03 RELATED WORK SPECIFIED ELSEWHERE A. Concrete Reinforcement - Section 03 20 00 B. Cast-In-Place Concrete - Section 03 30 00 QUALITY ASSURANCE A. 1.04 This section includes formwork for cast-in-place concrete, including waterstops, and installation of embedded items. Comply with the American Concrete Institute Standard, ACI 347R-94, Recommended Practice for Concrete Formwork. REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM) 1. ASTM D 226-97a Standard Specification for Asphalt - Saturated Organic Felt used in Roofing and Waterproofing". 2. ASTM D 1751-83 Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types). PART 2 PRODUCTS 2.01 MATERIALS A. Forms for Exposed Finish Concrete: Plywood complying with U.S. Product Standard PS-1-83 "B-B (Concrete Form) Plywood", Class I, Exterior Grade or better or metal, metal-framed plywood or other acceptable panel-type materials. Plywood shall be mill-oiled and edge-sealed, with each piece bearing legible inspection trademark. Furnish in largest practicable sizes to minimize number of joints. Provide form material with sufficient thickness to withstand pressure of newly-placed concrete without bow or deflection. B. Forms for Unexposed Finish Concrete: Use plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. C. Forms for Round Piers or Columns: One-piece, disposable fiber forms or approved equal. CNM - BUILDING “A” COURTYARD RENOVATION 031100 - 1 CONCRETE FORMWORK D. Void Forms: Wax treated fiber board, 4" height, designed to resist 1000 psf pressure. E. Form Coatings: Commercial formulation that will not bond with, stain, or adversely affect concrete surfaces, and will not impair subsequent treatments of concrete surfaces. F. Chamfer Strips: 3/4" by 3/4" wood, PVC, or rubber. G. Preformed Construction Joint: 24 gage steel, galvanized, shaped to form a continuous tongue and groove key. H. Preformed Control Joint: Rigid plastic or metal strip with removable top section. I. Expansion Joint Material: Asphalt saturated fiberboard, 1/2" thick, meeting the requirements of ASTM D 1751. J. Felt: Asphalt-saturated organic felt, weighing 30 pounds per 100 square feet, meeting the requirements of ASTM D 226. K. Waterstops: PVC, meeting the requirements of CRD-C572. Provide 6" wide dumbbell shape waterstop with 3/16 inch minimum web thickness and 3/8 inch minimum end bulb diameter. PART 3 EXECUTION 3.01 COORDINATION A. 3.02 PREPARATION A. 3.03 Coordinate the installation of joint materials and moisture barriers with placement of forms and reinforcing steel. Set screeds accurately. Embedded items shall be accurately aligned and adequately supported. Verify installation of mechanical, plumbing, and electrical items to be embedded in concrete. Correct any unsatisfactory condition before proceeding further. Form Coating: Coat contact surfaces of forms with a form-coating compound before reinforcement is placed. Thin form-coating compounds with thinning agent and apply as specified in manufacturer's instructions. Do not allow excess form-coating material to accumulate in forms or to come into contact with concrete surfaces against which fresh concrete will be placed. INSTALLATION A. Formwork: Formwork shall support vertical and lateral loads that are applied until such loads can be supported by concrete structure. Formwork shall be readily removable without impact, shock or damage to cast-in- place concrete surfaces and adjacent materials. Construct forms to sizes, shapes, lines and dimensions shown. Perform surveys to obtain accurate alignment. Provide for recesses, chamfers, blocking, anchorages, inserts, and other features required in work. Select materials to obtain required finishes. Butt joints solidly and provide backup at joints to prevent leakage of cement paste. CNM - BUILDING “A” COURTYARD RENOVATION 031100 - 2 CONCRETE FORMWORK 3.04 3.05 B. Chamfer Strips: Provide at exposed corners and edges. C. Form Ties: Use factory fabricated, adjustable-length, removable or snap-off metal form ties, designed to prevent form deflection and to prevent spalling concrete surfaces upon removal. D. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, or other debris before concrete is placed. Retighten forms and bracing after concrete placement as required to eliminate mortar leaks and maintain proper alignment. INSTALLATION OF EMBEDDED ITEMS A. General: Set anchorage devices and other embedded items accurately. Use setting drawings, diagrams, templates and printed instructions provided by supplier. Secure embedded items such that they are not displaced during placement of concrete. B. Waterstops: Install according to manufacturers printed instructions. Splice waterstop sections using square cut butt joints and fuse sections together with indirect heat from preheated splicing iron. Use of direct flame is prohibited. JOINTS A. Construction Joints: Locate and install construction joints, which are not shown on drawings, so as not to impair strength and appearance of the structure. Place construction joints perpendicular to the main reinforcement. Continue reinforcement across construction joints unless noted otherwise. B. Keyways: Provide keyways at least 1-1/2" deep in construction joints in walls and slabs. C. Preformed Construction Joint For Slabs on Grade: Secure with galvanized steel stakes, 1/8" thick by 1-1/8 inches wide with 1/2" deep rib and tapered point. Splice adjoining joints with 24 gage steel, galvanized splice plates. D. Isolation Joints in Slabs on Grade: Construct isolation joints in interior slabs using 30 lb. felt. Provide isolation joints at points of contact between slabs on grade and vertical surfaces, such as column pedestals, foundation walls, grade beams and elsewhere as indicated. Construct isolation joints on exterior slabs abutting vertical surfaces with 1/2" thick expansion joint material. E. Control Joints in Slabs-on-Grade: 1. Preformed Strip: Insert premolded rigid plastic, or metal strip into fresh concrete. Cut groove for strip using 10 foot long straight edge cutting tool. Depths of strip shall be one fourth of slab thickness. Press strip into groove such that top of strip is level with the concrete surface. Pull off removable top section, if any, prior to troweling. CNM - BUILDING “A” COURTYARD RENOVATION 031100 - 3 CONCRETE FORMWORK 2. F. 3.06 3.07 Saw Cut: Contractor may saw cut control joints instead of using preformed strips. Saw cut joints shall be 1/8 inch wide. Saw cut depth should equal 1/3 of slab depth. Cut joints after concrete has hardened sufficiently to prevent raveling; usually 4 to 12 hours after slab has been cast and finished. Use diamond or silicone-carbide blades. Control Joints in Walls: Create weakened planes in cantilevered retaining walls at 25 feet on center. Use preformed strips, placed vertically, full height in each face of wall. Depth of strips shall be one inch. REMOVAL OF FORMWORK A. General: Prevent excessive deflection, distortion, and damage to concrete when forms are stripped. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. B. Formwork and supports at sides of concrete shall remain in place for 24 hours after concrete placement. This period represents cumulative number of hours, not necessarily consecutive, during which the temperature of the air surrounding the concrete is above 50 degrees F. Formwork and shoring which support the weight of concrete shall not be removed until concrete has attained its specified compressive strength. C. Ensure safety of the structure. Do not superimpose any load on concrete until forms are removed and concrete is cured. RE-USE OF FORMS A. General: Clean and repair surfaces of forms to be re-used in work. Split, frayed, delaminated, or otherwise damaged form facing material will not be acceptable for exposed surfaces. Apply new form coating compound as specified for new formwork. B. When forms are intended for successive concrete placement, thoroughly clean surfaces and remove fins and laitance. Align and secure joints to avoid offsets. Do not use "patched" forms for exposed concrete surfaces. END OF SECTION 031100 CNM - BUILDING “A” COURTYARD RENOVATION 031100 - 4 CONCRETE FORMWORK SECTION 032100 - CONCRETE REINFORCEMENT PART 1 GENERAL 1.01 WORK INCLUDED A. 1.02 1.03 This section includes fabrication and installation of deformed bar and welded wire fabric reinforcing steel. RELATED WORK SPECIFIED ELSEWHERE A. Concrete Formwork - Section 03 11 00. B. Cast In Place Concrete - Section 03 30 00. QUALITY ASSURANCE A. Reference Standards: 1. 2. 3. American Concrete Institute (ACI) a. ACI 301-96 Specifications for Structural Concrete for Buildings. b. ACI 315-92 Details and Detailing of Concrete Reinforcement. c. ACI 318-85 Building Code Requirements for Reinforced Concrete. American Society for Testing and Materials (ASTM) a. ASTM A 82-95 Standard Specification for Steel Wire, Plain, For Concrete Reinforcement b. ASTM A 185-94 Standard Specification for Steel Welded Steel Wire Fabric, Plain, for Concrete Reinforcement c. ASTM A 615/ A 615M-95b Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement Concrete Reinforcing Steel Institute (CRSI). a. 1.04 Manual of Standard Practice - 1992 Edition. SUBMITTALS CNM - BUILDING “A” COURTYARD RENOVATION 032000 - 1 CONCRETE REINFORCEMENT A. Shop Drawings: Submit shop drawings for reinforcing steel. Comply with ACI 315 requirements showing layout, bar schedules, stirrup spacing, diagrams of bent bars, and arrangement of reinforcing steel. Shop Drawings shall not be made by reproduction of the Contract Drawings. PART 2 PRODUCTS 2.01 2.02 MATERIALS A. Reinforcing Bars: ASTM A 615, Grade 60. Stirrups and ties may be Grade 40. B. Welded Wire Fabric: ASTM A 185, flat sheets. C. Steel Wire: ASTM A 82, 16 gage. D. Supports for Reinforcing Steel: Wire bar type and precast concrete block type meeting the requirements of CRSI Manual of Standard Practice. E. Fibrous Reinforcing: 100 percent virgin polypropylene fibrillated fibers containing no reprocessed olefin materials and specifically manufactured for use as concrete reinforcement at a minimum of 0.1% by volume for the control of cracking due to drying shrinkage and thermal expansion/contraction. FABRICATION A. Fabricate reinforcing steel in accordance with fabricating tolerances in ACI 315. B. Do not fabricate reinforcing steel until shop drawings are approved. PART 3 EXECUTION 3.01 3.02 PLACING BAR SUPPORTS A. General: Provide bar supports meeting the requirements of CRSI Specification for Placing Bar Supports. B. Slabs-on-grade: Use supports with sand plates or precast concrete blocks or horizontal runners where base material will not support chair legs. PLACING REINFORCING STEEL A. General: Comply with CRSI Code of Standard Practice for "Placing Reinforcing Bars". B. Clean reinforcing steel of loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete. C. Accurately position, support and secure reinforcing steel against displacement by formwork, construction, or concrete placement operations. Place reinforcing steel to obtain minimum coverages. Arrange, space and securely tie bars and bar supports to hold CNM - BUILDING “A” COURTYARD RENOVATION 032000 - 2 CONCRETE REINFORCEMENT reinforcing steel in position during concrete placement operations. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. D. Concrete Cover: 1. Concrete cast against and permanently exposed to earth 2. Concrete exposed to earth or weather: 3. ........ 3" Bars larger than No. 5 Bars No. 5 or smaller ............ ............ ............ ............ ........ 2" ............................................................1 1/2" Columns or piers ............ ............ ............ ............ ............ .. 1 1/2" E. Rebar Splices: Locate at points of minimum stress or as shown on contract drawings. Unless noted otherwise, provide lap splices 30 bar diameters or 18" minimum length. F. Welded Wire Fabric Splices: Lap one complete wire spacing. G. Corner Reinforcing: Provide corner bars of same size and spacing as horizontal reinforcing steel. Lap with horizontal reinforcing 30 bar diameters or 18" minimum length. H. Reinforcing at Construction/Control Joints: Continue reinforcing steel through construction joints unless noted otherwise. Discontinue reinforcing steel 2 inches from preformed construction joints in slabs-on-grade. Cut alternate longitudinal bars at weakened plane control joints in walls. I. Fibrous Reinforcing: 1. Add fibrous concrete reinforcement to concrete materials at the time concrete is batched in amounts in accord with approved submittals for each type of concrete required. 2. Mix concrete in strict accord with fiber reinforcement manufacturer's instructions and recommendations for uniform and complete distribution. END OF SECTION 032000 CNM - BUILDING “A” COURTYARD RENOVATION 032000 - 3 CONCRETE REINFORCEMENT SECTION 033000 - CAST IN PLACE CONCRETE PART 1 GENERAL 1.01 WORK INCLUDED A. 1.02 1.03 This section covers cast-in-place concrete including finishing, surface repair and curing. RELATED WORK SPECIFIED ELSEWHERE A. Concrete Formwork - Section 03 11 00 B. Concrete Reinforcement - Section 03 21 00 QUALITY ASSURANCE A. Reference Standards: Meet the requirements of the following codes, specifications and standards. 1. 2. American Concrete Institute (ACI) Publications; a. ACI 301-96 Specifications for Structural Concrete for Buildings. b. ACI 306.1-90 Standard Specification for Cold Weather Concreting c. ACI 318-95 Building Code Requirements for Reinforced Concrete. American Society for Testing and Materials (ASTM); a. ASTM C 31-91 Standard Practice for Making and Curing Concrete Test C 31M-96 Specimens in the Field. b. ASTM C 33-97 Standard Specification for Concrete Aggregates. c. ASTM C 39-96 Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens. d. ASTM C 94-97 Standard Specification for Ready-Mixed Concrete. e. ASTM C 131-96 Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. f. ASTM C 136-96a Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates. g. ASTM C 143-90a Standard Test Method for Slump of Hydraulic Cement Concrete. CNM - BUILDING “A” COURTYARD RENOVATION 033000 - 1 CAST IN PLACE CONCRETE 1.04 h. ASTM C 150-97 Standard Specification for Portland Cement. i. ASTM C 171-97 Standard Specification for Sheet Materials for Curing Concrete. j. ASTM C 172-97 Standard Practice for Sampling Freshly Mixed Concrete. k. ASTM C 173-94a Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method. l. ASTM C 231-97 Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method m. ASTM C 260-95 Standard Specification for Air Entraining Admixtures for Concrete n. ASTM C 309-97 Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete o. ASTM C 330-92 Standard Specification for Lightweight Aggregates for Structural Concrete p. ASTM C 494-92 Standard Specification for Chemical Admixtures for Concrete q. ASTM C 618-97 Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete r. ASTM D 2103-92 Standard Specification for Polyethylene Film and Sheeting s. ASTM D 4318-95a Standard Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils SUBMITTALS A. Product Data: Submit manufacturer's product data with application and installation instructions for proprietary materials and admixtures. B. Concrete Mix Design: 1. Submit mix design in accordance with ACI-301, Section 4. 2. Submit with mix design results of laboratory tests performed within previous 6 months indicating aggregates from the proposed source comply with the requirements of ASTM C 33 or C 330 as applicable. C. Test Reports: Submit copies of test reports for concrete compressive strength, air content, temperature and slump. CNM - BUILDING “A” COURTYARD RENOVATION 033000 - 2 CAST IN PLACE CONCRETE PART 2 PRODUCTS 2.01 MATERIALS A. Portland Cement: ASTM C 150, Type I or II, low alkali. Use one brand of cement throughout project. B. Normal Weight Aggregates: ASTM C 33. Provide aggregates from a single source for exposed concrete. C. Water: Potable. D. Air-Entraining Admixture: ASTM C 260. E. Water Reducing Admixture: ASTM C 494. F. Fly-Ash: ASTM C 618, Class F. G. Moisture-Retaining Cover: Provide waterproof paper, polyethylene polyethylene-coated burlap meeting the requirements of ASTM C 171. H. Liquid Membrane-Forming Curing Compound: Liquid type membrane-forming curing compound meeting the requirements of ASTM C 309; Type 1-D with fugitive dye for interior concrete and foundations; Type 2, white pigmented, for exposed exterior concrete except exposed exterior Architectural concrete, use Type 1-D. I. Vapor Barrier: By STEGO or approved equal. See Foundation Plan and associated details for thickness and installation relationship to slab. J. Granular base shall meet the following grading requirements when tested in accordance with ASTM C 136. Sieve Size (Square Openings) film, or Percent Passing by Weight 1 inch 3/4 inch No. 4 No. 200 100 70-100 35-85 0-10 The plasticity Index shall be no greater than 3 when tested in accordance with ASTM D 4318. The coarse aggregate shall have a percent wear of 50 or less when tested in accordance with ASTM C. 2.02 PROPORTIONING AND DESIGN OF MIXES A. Prepare design mixes for each type and strength of concrete by either laboratory trial mixture or field experience methods as specified in ACI 301, Section 4. If trial mixture method is CNM - BUILDING “A” COURTYARD RENOVATION 033000 - 3 CAST IN PLACE CONCRETE used, employ an independent testing facility, acceptable to Architect, for preparing and reporting proposed mix designs. B. Submit written reports to Architect, or Engineer, of each proposed mix for each class of concrete at least 15 days prior to start of work. Do not begin concrete production until mixes have been approved. C. Refer to the General Structural Notes for concrete strengths. D. Admixtures 1. Use air-entraining admixture in all concrete, except air entrainment may, be omitted from concrete to receive a steel trowel finish. The entrained air content for exterior concrete shall be 4 - 7 percent and for interior concrete the air content shall be 3 - 6 percent. 2. Use water reducing admixture conforming to ASTM C 494, Type A, in all concrete unless approved otherwise by the Structural Engineer. 3. Use high range water reducing admixture conforming to ASTM C 494, Type F, in all concrete slabs unless approved otherwise by the Structural Engineer. 4. All other admixtures shall have the written approval of the Architect or Structural Engineer. 5. Calcium chloride is not permitted. 6. All admixtures, except high range water reducers, shall be added to the concrete at the batch plant. 7. Concrete for slabs to receive a steel trowel or float finish shall not contain both fly ash and high range water reducer. PART 3 EXECUTION 3.01 COORDINATION A. 3.02 Coordinate the installation of joint materials and moisture barriers with placement of forms and reinforcing steel. Set screeds accurately. Embedded items shall be accurately aligned and adequately supported. Verify installation of mechanical, plumbing, and electrical items to be embedded in concrete. Correct any unsatisfactory condition before proceeding further. PREPARATION A. Before placing concrete, clean and roughen surface of previously placed concrete. Clean reinforcing steel. Remove debris, providing clean-outs at bottom of forms when necessary. Moisten surfaces to receive concrete unless otherwise prepared. Remove excess water before placing concrete. CNM - BUILDING “A” COURTYARD RENOVATION 033000 - 4 CAST IN PLACE CONCRETE 3.03 CONCRETE PLACEMENT A. General: Comply with ACI 301. B. Place concrete continuously in layers not deeper than 24 inches. Concrete shall not be placed against concrete which has hardened sufficiently to cause the formation of seams or planes of weakness. If a section cannot be placed continuously, provide construction joints. Deposit concrete as nearly as practicable to its final location to avoid segregation. Do not use vibrators to transport concrete. C. Maintain reinforcing in proper position during concrete placement operations. D. Consolidate concrete, immediately after placing, by mechanical vibrating equipment supplemented by hand-spading, rodding or tamping. Use equipment and procedures for consolidation of concrete in accordance with ACI recommended practices. E. Bring slab surfaces to correct level with straightedge and strikeoff. Use bull floats or darbies to smooth surface. Do not disturb slab surfaces prior to beginning finishing operations. F. Cold Weather Concreting: Protect concrete work from physical damage or reduced strength caused by frost, freezing or low temperatures. Comply with ACI 306.1. G. Hot Weather Concreting: When hot weather conditions exist that would impair quality and strength of concrete, reduce delivery time of ready mix concrete, lower the temperature of materials, or add retarder to ensure that the concrete is plastic. Retempering with water is not allowed. 3.04 FINISH OF FORMED SURFACES A. 3.05 Rough Form Finish: Provide where formed concrete surfaces are not exposed to view. Tie holes and surface imperfections shall be repaired and patched and fins and other projections exceeding 1/4" in height rubbed down or chipped off. FINISH OF HORIZONTAL SURFACES A. 3.06 At tops of foundation walls and grade beams finish with a texture matching adjacent formed surfaces unless otherwise indicated. SLAB FINISHES A. Float Finish: Begin floating when surface water has disappeared and when concrete has stiffened sufficiently to permit operation of power-driven or hand floats. Consolidate surface with power-driven floats, or by hand-floating if area is small or inaccessible to power units. Check and level surface plane to a tolerance not exceeding 1/4" in 10' when tested with a 10' straightedge. B. Scratch Finish: Apply scratch finish to slab surfaces that are to receive floor topping. Roughen surface before final set, using stiff brushes, or brooms. CNM - BUILDING “A” COURTYARD RENOVATION 033000 - 5 CAST IN PLACE CONCRETE C. Trowel Finish: Apply trowel finish to all slab surfaces unless noted otherwise. After floating, begin first trowel finish using a power-driven or hand trowel. Finish concrete surface by final hand-troweling operation, free of trowel marks, uniform in texture and appearance, and with a surface plane tolerance not exceeding 1/8" in 10' when tested with a 10' straightedge. D. Broom Finish: Apply on exterior slabs, ramps, steps, and sidewalks. Immediately after concrete has received a float finish, draw a broom or burlap belt across the surface to give a coarse transverse scored texture. 3.07 CONCRETE CURING AND PROTECTION A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Start initial curing as soon as free water has disappeared from concrete surface after placing and finishing. Continue curing for at least 7 days using one of the following methods. B. Moisture-retaining Cover curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width with sides and ends lapped at least 3" and sealed. Repair any holes or tears in cover during curing period. All concrete slabs are to be cured with moisture retaining cover for the first 24 hours. After that time the Contractor has the option to continue the moisture retaining cover, or remove the cover and apply liquid membrane-forming curing compound. C. Curing compound: Apply curing compound uniformly in accordance with manufacturer's printed instructions. 3.08 CONCRETE SURFACE REPAIRS A. 3.09 Patching Surface Imperfections: Remove loose material and patch surface imperfections and holes left by tierods with cement mortar. Surface imperfections include honeycomb, excessive air voids, sand streaking and cracks. FOR EXPOSED-TO-VIEW SURFACES A. 3.10 Blend white portland cement and standard portland cement so that, when dry, patching mortar will match color surrounding. Provide test areas at inconspicuous location to verify mixture and color match before proceeding with patching. Compact mortar in place and strike-off slightly higher than surrounding surface. FIELD QUALITY CONTROL A. The Contractor shall employ the services of a qualified testing laboratory to perform tests and submit test reports. B. Sampling Fresh Concrete: ASTM C 172. C. Slump: ASTM C 143; one test for each set of compressive strength test specimens. CNM - BUILDING “A” COURTYARD RENOVATION 033000 - 6 CAST IN PLACE CONCRETE D. Air Content: ASTM C 173 or C 231 for each set of compressive strength test specimens. E. Concrete Temperature: Test hourly when air temperature is 40 degrees F. and below, when 80 degrees F and above; and when compression test specimens are made. F. Compression Test Specimen: ASTM C 31, one set of 4 standard cylinders for each compressive strength test, unless otherwise directed. Mold and store cylinders for laboratory cured test specimens except when field cure test specimens are required. Mold one set of standard cylinders for volume of concrete specified below or fraction thereof. G. 1. Slabs on Grade or Metal Deck 30 cubic yards 2. Footings and stem walls 50 cubic yards 3. All other locations (unless noted otherwise) 30 cubic yards Compressive Strength Tests: ASTM C 39; test 1 specimen at 7 days, 2 specimens at 28 days, and retain one specimen in reserve for later testing. Additional Tests: The testing laboratory will make additional tests of in-place concrete when test results indicate specified concrete strengths and other characteristics have not been attained in the structure as directed by the Architect. The testing laboratory may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42 or by other methods as directed by the Architect or Engineer. The Contractor shall pay for such tests conducted, and any other additional testing as may be required, when unacceptable concrete is verified. END OF SECTION 033000 CNM - BUILDING “A” COURTYARD RENOVATION 033000 - 7 CAST IN PLACE CONCRETE SECTION 051200 - STRUCTURAL STEEL PART 1 GENERAL 1.01 WORK INCLUDED A. 1.02 1.03 This section includes the fabrication and erection of structural steel. RELATED WORK SPECIFIED ELSEWHERE A. Steel Joists - Section 05 21 00 B. Metal Decking - Section 05 30 00 C. Metal Fabrication - Section 05 50 00 QUALITY ASSURANCE A. Qualifications of Fabricator: Fabricator shall have a minimum of 5 years experience in the fabrication of structural steel. B. Qualifications of Erector: Erector shall have a minimum of 5 years experience in the erection of structural steel. C. Qualifications of Field Welders: Welders shall be certified in accordance with AWS D1.1 within the last 12 months. D. Reference Standards: 1. 2. American Society for Testing and Materials (ASTM) a. ASTM A 36 A 992 Standard Specification for Carbon Structural Steel. b. ASTM A 53-95 Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-coated Welded and Seamless. c. ASTM A 307-94 Standard Specification for Carbon Steel Bolts and Studs, 60,000 PSI Tensile Strength. d. ASTM A 325-94 Standard Specification for Structural Bolts, Steel, Heat Treated, 120/105 ksi Minimum Tensile Strength. e. ASTM A 500-93, Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes. American Welding Society (AWS), latest edition. CNM - BUILDING “A” COURTYARD RENOVATION 051200 - 1 STRUCTURAL STEEL a. 3. 1.04 1.05 AWS D1.1-92 Structural Welding Code-Steel. American Institute of Steel Construction (AISC), Steel Construction Manual, latest edition. a. Specification for Structural Steel Buildings b. AISC Code of Standard Practice c. Specification for Structural Joints Using ASTM A 325 or A 490 , Classes 10.9 and 10.9.3. SUBMITTALS A. Shop Drawings: Submit shop drawings including complete details and schedules for fabrication and assembly of structural steel members. Include details of cuts, connections, camber, holes, and other pertinent data. Indicate welds by standard AWS symbols, and show size, length, and type of each weld. Shop drawings shall not be made by reproduction of the Contract Drawings. B. Provide setting drawings and directions for installation of anchor bolts and other anchorages to be installed by others. C. Welder Certification: Submit affidavit stating that all welders are certified in accordance with AWS. PRODUCT DELIVERY, STORAGE, AND HANDLING A. Support structural steel above ground on skids, pallets, platforms, or other supports. B. Protect steel from damage. C. Store packaged materials in original unbroken package or container. D. Do not store materials on structure in a manner that might cause distortion or damage to members or supporting structures. E. Replace damaged shapes or members. PART 2 PRODUCTS 2.01 MATERIALS A. Structural Steel Shapes, Plates, and Bars: ASTM A 36 and A 992. B. Structural Steel Pipe: ASTM A 53, Type E or S, Grade B. CNM - BUILDING “A” COURTYARD RENOVATION 051200 - 2 STRUCTURAL STEEL 2.02 2.03 C. Structural Steel Tubing: ASTM A 500, Grade B, Fy = 46 ksi. D. Anchor Bolts: ASTM A 307 or ASTM A 36 E. High Strength Tension Control Threaded Fasteners: Meet requirements of ASTM A 325. F. Headed Anchor Shear Studs: By the Nelson Division of TRW. G. Welding Electrodes: E 70 Series. H. Shop Primer Paint: Fabricators standard rust inhibitive primer. I. Non-Metallic, Non-Shrink Grout: Meets the requirements of Corp of Engineers specifications CRD-C621. FABRICATION A. Fabrication shall be in accordance with the AISC "Code of Standard Practice for Buildings and Bridges". B. Connections: Weld or bolt shop connections as indicated on the approved shop drawings. Design connections to support reactions and forces where indicated on the drawings. C. Shop Welds: Shall be visually inspected by the Fabricator’s quality control department. SHOP PAINTING A. General: Shop paint structural steel, except those members or portions of members to be embedded in concrete or mortar. Paint embedded steel which is partially exposed on exposed portions and initial 2" of embedded areas only. B. Do not paint surfaces which are to be welded or high-strength bolted with friction-type connections. C. Surface Preparation: After inspection and before shipping, clean steel work to be painted. Remove loose rust, loose mill scale, and spatter, slag or flux deposits. Clean steel in accordance with Steel Structures Painting Council (SSPC) as follows: D. 1. SP-1 "Solvent Cleaning" 2. SP-2 "Hand Tool Cleaning" Painting: After surface preparation, apply structural steel primer paint in accordance with manufacturer's instructions. Provide one coat. PART 3 EXECUTION 3.01 COORDINATION CNM - BUILDING “A” COURTYARD RENOVATION 051200 - 3 STRUCTURAL STEEL 3.02 A. Field Measurements: Verify all elevations, locations, and dimensions of surfaces to receive structural steel. B. Anchor Bolts and Other Embedded Items: Verify locations and positions of anchor bolts and other embedded items used to support structural steel. C. Correct any unsatisfactory conditions prior to erection of structural steel. PREPARATION A. 3.03 Clean surfaces to receive structural steel prior to erection. ERECTION A. General: Erect structural steel in accordance with AISC "Code of Standard Practice for Steel Buildings and Bridges". B. Field Assembly: Assemble structural steel accurately to the lines and elevations shown on the drawings. Align and adjust components accurately before fastening. C. Temporary Bracing: Provide temporary bracing or guys to secure structural steel against wind, seismic, or construction loads. It is the responsibility of the Contractor to maintain stability of the structure during erection. D. Field Bolted Connections: Install high strength tension control bolts in accordance with AISC Specifications for Structural Joints Using ASTM A325 and A490 Bolts and the manufacturer's instructions. Where clearance within a connection does not permit the use of tension control bolts, standard A325 bolts shall be used and inspected in accordance with the AISC Specification for Structural Joints. E. Field Welding: Perform all welds in accordance with AWS. F. Inspection of Field Welds: Perform visual inspection of all field welds. If any welds appear to be unsatisfactory, they shall be tested in accordance with ASTM E160 and/or replaced at the expense of the Contractor. G. Gas Cutting: Do not use gas cutting torches in field to cut structural framing. H. Do not enlarge unfair holes by burning. Ream holes that must be enlarged to admit bolts. I. Field Touch-up Painting (Primer): Paint all bolts, washers, and nuts after connections have been tightened and checked. Paint field welds. Paint all abrasions in shop coat. Use same paint as for shop painting. J. Grout Placement: Comply with the manufacturer's instructions. K. Tighten anchor bolts after supported members have been positioned and plumbed. CNM - BUILDING “A” COURTYARD RENOVATION 051200 - 4 STRUCTURAL STEEL END OF SECTION 051200 CNM - BUILDING “A” COURTYARD RENOVATION 051200 - 5 STRUCTURAL STEEL SECTION 054000 – LIGHTGAGE METAL FRAMING PART 1 GENERAL 1.01 WORK INCLUDED A. 1.02 1.03 RELATED WORK SPECIFIED ELSEWHERE A. Structural Steel - Section 05 12 00 B. Steel Joists - Section 05 21 00 C. Drywall Studs - Section 09 26 0 0 QUALITY ASSURANCE A. 1.04 Reference Standards: 1. American Iron and Steel Institute (AISI) Design of Cold Formed Steel Structural Members, 1980. 2. American Welding Society of (AWS) D1.3, 1992 Structural Welding Code. 3. American Society of Testing and Materials (ASTM). a. ASTM A 570/ A 570M-95 Standard Specification for Steel, Sheet and Strip, Carbon, Hot Rolled, Structural Quality. b. ASTM A 611-94 Standard Specification for Steel, Sheet, Carbon, Cold Rolled, Structural Quality. c. ASTM A 653/ Coated A 653M-95 Standard Specification for Steel Sheet, Zinc(Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process SUBMITTALS A. 1.05 This section includes all lightgage studs, joists and track, 20 gauge or heavier, including bridging, and related accessories as indicated on the Contract Drawings and specified herein. Submit manufacturer's product information and installation instructions for each item of lightgage framing. Submit shop drawings for all prefabricated lightgage systems. PRODUCT DELIVERY, STORAGE, AND HANDLING CNM - BUILDING “A” COURTYARD RENOVATION 054000 - 1 LIGHTGAGE METAL FRAMING A. Protect metal framing units from rusting and damage. Deliver to project site in manufacturer's unopened containers or bundles, fully identified with name, brand, type, and grade. Store off ground in a dry ventilated space or protect with suitable waterproof coverings. PART 2 PRODUCTS 2.01 MATERIALS A. Metal Framing: 1. 2. B. 2.02 All 12, 14, and 16 gage steel studs and joists shall be formed from steel that meets the requirements of one of the following standards with a minimum yield strength of 50,000 psi: a. Painted Material - ASTM A 570, Grade 50. b. Galvanized Material - ASTM A 653 Grade 50. All 18 and 20 gage steel studs and joists; all track, bridging and accessories shall be formed from steel that meets the requirements of one of the following with a minimum yield strength of 33,000 psi: a. Painted Material - ASTM A 611, Grade C. b. Galvanized Material - ASTM A 653. Material Finishes: All stud and joist components shall be primed with paint meeting the performance requirements of TT-P-1636C, or shall be formed from steel having a G-60 galvanized coating or better. FABRICATION A. Framing components may be prefabricated into panels prior to erection. Prefabricated panels shall be square, with components attached to prevent racking. Handling and lifting of panels shall be done in a manner as to not cause distortion in any member. B. All framing components shall be cut squarely for attachment to perpendicular members, or as required for an angular fit against abutting members. Members shall be held positively in place until properly fastened. PART 3 EXECUTION 3.01 INSTALLATION A. Install metal framing systems in accordance with manufacturer's printed instructions and recommendations, unless otherwise indicated on Contract Drawings. CNM - BUILDING “A” COURTYARD RENOVATION 054000 - 2 LIGHTGAGE METAL FRAMING B. Install and align tracks accurately to layout at base and tops of studs. Secure tracks as indicated on Contract Drawings. Provide fasteners at corners and ends of tracks. C. Install supplementary framing, blocking and bracing in metal framing system to support fixtures, equipment, etc. Comply with stud manufacturer's recommendations and industry standards, considering weight and loading of each item. D. Secure studs to top and bottom tracks by welding at both inside and outside flanges unless noted otherwise. E. Frame wall openings larger than 2'-0" square with double studs at each jamb of frame except where more than 2 are either shown or indicated in manufacturer's instructions. Install tracks and jack studs above and below wall openings. Anchor tracks to jamb studs with stud shoes or by welding, and space jack studs same as full-height studs of wall. Secure stud system wall opening frame in manner indicated. F. Install horizontal bridging in stud system, spaced (vertical distance) at no more than 4'-0" o.c. Weld at each intersection. G. Touch-up shop-applied protective coatings damaged during handling and installation. Use compatible primer for prime coated surfaces; use galvanizing repair paint for galvanized surfaces. END OF SECTION 054000 CNM - BUILDING “A” COURTYARD RENOVATION 054000 - 3 LIGHTGAGE METAL FRAMING SECTION 055200 – METAL RAILINGS PART 1 - GENERAL 1.01 DESCRIPTION A. This section covers supply and installation of metal fabrications. B. The extent of metal work is shown on the drawings and includes items fabricated from iron and steel shapes, plates, bars, strips, tubes, pipes and castings which are not a part of the structural steel or other metal systems in other sections of these specifications. C. The types of miscellaneous metal items include, but are not limited to, the following: 1. 2. 1.02 Stair railings and ramp railings. Anchors, bolts QUALITY ASSURANCE: A. Codes and Standards: Comply with the provisions of the following codes, standards and specifications, except as otherwise shown and specified. 1. AISC ASpecifications for the Design, Fabrication and Erection of Structural Steel for Buildings.@ 2. AISC ASpecification for the Design of Cold-Formed Steel Structural Members.@ 3. AWS ACode for Welding in Building Construction.@ 4. ASTM A 6 AGeneral Requirements for Delivery of Rolled Steel Plates, Shapes, Sheet Piling and Bars for Structural Use.@ B. Qualification for Welding Work: Qualify welding processes and welding operators in accordance with AWS AStandard Qualification Procedure.@ C. Field Measurements: Take field measurements prior to preparation of shop drawings and fabrication, where possible, to ensure proper fitting of the work. Allow for trimming and fitting wherever the taking of field measurements before fabrication might delay the work. D. Inserts and Anchorage: 1. E. Furnish inserts and anchoring devices which must be set in concrete or built into masonry for the installation of miscellaneous metal work. Coordinate delivery with other work to avoid delay. Shop Assembly: Preassemble items in the shop to the greatest extent possible, so as to minimize field splicing and assembly of units at the project site. Disassemble units only to the extent necessary for shipping and handling limitations. Clearly mark units for CNM – BUILDINGS “A” COURTYARD RENOVATION 055200 - 1 METAL RAILINGS 1.03 reassembly and coordinated installation. SUBMITTALS A. Manufacturer=s Data, Miscellaneous Metals: Submit copies of manufacturer=s specifications, load tables, dimension diagrams, anchor details and installation instructions for products to be used in the fabrication of miscellaneous metal work, including paint products. Indicate by transmittal that copy of instructions has been distributed to the Installer. B. Shop Drawings, Miscellaneous Metals: Submit shop drawings for the fabrications and erection of all assemblies of miscellaneous metal work which are not completely shown by the manufacturer=s data sheets. Include plans and elevations at not less than 3/4 inch to 1 foot - 0 inch scale. Show anchorage and accessory items. PART 2 - PRODUCTS 2.01 2.02 2.03 MATERIALS A. Metal Surfaces: For the fabrication of miscellaneous metal work which will be exposed to view, use only materials which are smooth and free of surface blemishes, including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by grinding, or by welding and grinding, prior to cleaning, treating and application of surface finishes including zinc coatings. B. Steel Plates, Shapes, Tubing and Bars: ASTM A 36. C. Steel Plates to be Bent or Cold-Formed: ASTM A 283, Grade C. D. Steel Bars and Bar-Size Shapes: ASTM A 306, Grade 65, or ASTM A 36. E. Steel Tubing: (Hot-Formed, welded, or seamless), ASTM A 501. F. Cold-Finished Steel Bars: ASTM A 108, grade as selected by the fabricator. G. Cold-Rolled Carbon Steel Sheets: ASTM A 366. H. Galvanized Carbon Steel Sheets: ASTM A 526, with 1.25 oz. ACommercial@ zinc coat complying with ASTM A 525. ANCHORS A. Masonry Anchorage Devices: Expansion Shield: FS FF-S-325. B. Toggle Bolts: Tumble-wing type: FS FF-B-588, type, class and style as required. FASTENERS A. General: Provide zinc-coated fasteners, with galvanizing complying with ASTM A 153, for exterior use or where built into exterior walls. Select fasteners for the type, grade and class required for the installation of miscellaneous metal items. CNM – BUILDINGS “A” COURTYARD RENOVATION 055200 - 2 METAL RAILINGS 2.04 B. Standard Bolts and Nuts: ASTM A 307, Grade A, regular hexagon head. C. Lag Bolts: FS FF-B-561, square head type. D. Machine Screws: FS FF-S-02, Cadmium plated steel. E. Wood Screws: FS FF-S-111, flat head carbon steel. METAL PRIMER PAINT A. Red mixed pigment, alkyd varnish, linseed oil paint complying with FS TT-P-86, Type; or red lead iron oxide, raw linseed oil, alkyd paint, complying with SSPC Paint 2-64; or basic lead silica chromate base iron oxide, linseed oil, alkyd paint, complying with FS TT-P-615, Type II. 1. B. Galvanizing Repair Paint: 1. 2.05 Primer paint selected must be compatible with the required finish coats of paint. Coordinate selection of metal primer with finish paint requirements specified in Section 099000 of these specifications. High zinc dust content paint for regalvanizing welds in galvanized steel, complying with Military Specifications MIL-P-21035 (Ships). FABRICATION A. Workmanship: Use materials of the size and thickness shown, or, if not shown, of the required size and thickness to produce adequate strength and durability in the finished product for the intended use. Work to the dimensions shown or accepted on shop drawings, using proven details of fabrication and support. Use the type of materials shown or specified for the various components of work. B. Form exposed work true to line and level with accurate angles and surfaces and straight sharp edges. Ease exposed edges to a radius of approximately 1/32 inch unless otherwise shown. Form bent-metal corners to the smallest radius possible without causing grain separation or otherwise impairing the work. C. Weld corners and seams continuously and in accordance with the recommendations of AWS. Grind exposed welds smooth and flush to match and blend with adjoining surfaces. D. Form exposed connections with hairline joints which are flush and smooth, using concealed fasteners wherever possible. Exposed fasteners, where required, shall be tamper-proof. E. Provide for anchorage of the type shown, coordinated with the supporting structure and the progress schedule. Fabricate and space anchoring devices as required to provide adequate support for the intended use of the work. F. Cut, reinforce, drill and tap miscellaneous metal work as may be required to receive CNM – BUILDINGS “A” COURTYARD RENOVATION 055200 - 3 METAL RAILINGS finish hardware and similar items of work. G. Use hot-rolled steel bars for work fabricated from bar stock, unless work is indicated to be fabricated from cold-finished or cold-rolled stock. PART 3 - EXECUTION 3.01 INSPECTION A. 3.02 PREPARATION A. 3.03 Furnish setting drawings, diagrams, templates, instructions and directions for the installation of anchorages, such as concrete inserts, anchor bolts and miscellaneous items having integral anchors, which are to be embedded in concrete or masonry construction. Coordinate the delivery of such items to the project site. INSTALLATION A. Fastening to In-Place Construction: Provide anchorage devices and fasteners where necessary for securing miscellaneous metal items to in-place construction, including threaded fasteners for concrete and masonry inserts, toggle bolts, lag bolts, wood screws and other connectors as required. B. Cutting, Fitting and Placement: C. 3.04 Installer must examine the areas and conditions under which miscellaneous metal items are to be installed. Notify the Contractor in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Installer. 1. Perform cutting, drilling and fitting required for the installation of the miscellaneous metal items. Set the work accurately in location, alignment and elevation, plump, level, true and free of rack, measured from established lines and levels. Provide temporary bracing or anchors in formwork for the items which are to be built into concrete, masonry of similar construction. 2. Fit exposed connections accurately together to form tight hairline joints. Weld connections which are not to be left as exposed joints but cannot be shop welded because of shipping size limitations. Grind joints smooth and touch-up shop paint coat. Do not weld, cut, or abrade the surface or exterior units which have been hot- dipped galvanized after fabrication and are intended for bolted or screwed field connections. Field Welding: Comply with AWS Code for the procedures of manual shielded metal-arc welding, the appearance and quality of welds made and the methods used in correcting welding work. ADJUST AND CLEAN A. Tough-Up Painting: Immediately after erection, clean field welds, bolted connections and CNM – BUILDINGS “A” COURTYARD RENOVATION 055200 - 4 METAL RAILINGS abraded areas of the shop paint and paint all exposed areas with the same material as used for shop painting. Apply by brush or spray to provide a minimum dry film thickness of 2.0 mils. END OF SECTION CNM – BUILDINGS “A” COURTYARD RENOVATION 055200 - 5 METAL RAILINGS SECTION 061600 - SHEATHING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. This Section includes the following: 1. 2. 3. 4. 5. B. Related Sections include the following: 1. 1.3 Wall sheathing. Building paper. Building wrap. Sheathing joint-and-penetration treatment. Flexible flashing at openings in sheathing. Division 06 Section "Rough Carpentry Miscellaneous Rough Carpentry" for plywood backing panels. SUBMITTALS A. Product Data: For each type of process and factory-fabricated product. Indicate component materials and dimensions and include construction and application details. 1. 2. 3. 4. 5. Include data for wood-preservative treatment from chemical treatment manufacturer and certification by treating plant that treated plywood complies with requirements. Indicate type of preservative used and net amount of preservative retained. For fire-retardant treatments specified to be High-Temperature (HT) type, include physical properties of treated plywood both before and after exposure to elevated temperatures, based on testing by a qualified independent testing agency according to ASTM D 5516. For products receiving a waterborne treatment, include statement that moisture content of treated materials was reduced to levels specified before shipment to Project site. Include copies of warranties from chemical treatment manufacturers for each type of treatment. For building wrap, include data on air-/moisture-infiltration protection based on testing according to referenced standards. CNM – BUILDING “A” COURTYARD RENOVATION 061600 - 1 SHEATHING 1.4 QUALITY ASSURANCE A. Fire-Test-Response Characteristics: For assemblies with fire-resistance ratings, provide materials and construction identical to those of assemblies tested for fire resistance per ASTM E 119 by a testing and inspecting agency acceptable to authorities having jurisdiction. 1. 1.5 Fire-Resistance Ratings: Indicated by design designations from UL's "Fire Resistance Directory." DELIVERY, STORAGE, AND HANDLING A. Stack plywood and other panels flat with spacers between each bundle to provide air circulation. Provide for air circulation around stacks and under coverings. PART 2 - PRODUCTS 2.1 WALL SHEATHING A. Glass-Mat Gypsum Wall Sheathing: ASTM C 1177/1177M. 1. 2. 3. 2.2 Product: Subject to compliance with requirements, provide "Dens-Glass Gold" by G-P Gypsum Corporation. Type and Thickness: Type X, 5/8 inch (15.9 mm) thick. Size: 48 by 120 inches (1219 by 3048 mm) for vertical installation. FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this Article for material and manufacture. 1. For wall sheathing, provide fasteners with hot-dip zinc coating complying with ASTM A 153/A 153M. B. Nails, Brads, and Staples: ASTM F 1667. C. Power-Driven Fasteners: NES NER-272. D. Screws for Fastening Wood Structural Panels to Cold-Formed Metal Framing: ASTM C 954, except with wafer heads and reamer wings, length as recommended by screw manufacturer for material being fastened. 1. E. For wall and roof sheathing panels, provide screws with organic-polymer or other corrosion-protective coating having a salt-spray resistance of more than 800 hours according to ASTM B 117. Screws for Fastening Gypsum Sheathing to Cold-Formed Metal Framing: Steel drill screws, in length recommended by sheathing manufacturer for thickness of sheathing board to be attached, CNM – BUILDING “A” COURTYARD RENOVATION 061600 - 2 SHEATHING with organic-polymer or other corrosion-protective coating having a salt-spray resistance of more than 800 hours according to ASTM B 117. 1. For steel framing from 0.033 to 0.112 inch (0.84 to 2.84 mm) thick, attach sheathing to comply with ASTM C 954. 2.3 WEATHER-RESISTANT SHEATHING PAPER A. Building Wrap (under Metal Wall Panels): ASTM E 1677, Type I air retarder; with flamespread and smoke-developed indexes of less than 25 and 450, respectively, when tested according to ASTM E 84; UV stabilized; and acceptable to authorities having jurisdiction. 1. 2. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: Products: Subject to compliance with requirements, provide one of the following: a. b. c. 3. 4. B. 2.4 DuPont (E. I. du Pont de Nemours and Company); Tyvek CommercialWrap. Raven Industries Inc.; Rufco-Wrap. Reemay, Inc.; Typar HouseWrap. Water-Vapor Permeance: Not less than 50 g through 1 sq. m of surface in 24 hours per ASTM E 96, Desiccant Method (Procedure A). Allowable UV Exposure Time: Not less than three months. Building-Wrap Tape: Pressure-sensitive plastic tape recommended by building-wrap manufacturer for sealing joints and penetrations in building wrap. SHEATHING JOINT-AND-PENETRATION TREATMENT MATERIALS A. 2.5 Sealant for Glass-Mat Gypsum Sheathing Board: Elastomeric, medium-modulus, neutralcuring silicone joint sealant compatible with joint substrates formed by gypsum sheathing and other materials, recommended by sheathing manufacturer for application indicated, and complying with requirements for elastomeric sealants specified in Division 07 Section "Joint Sealants." MISCELLANEOUS MATERIALS A. Adhesives for Field Gluing Panels to Framing: Formulation complying with APA AFG-01 ASTM D 3498 that is approved for use with type of construction panel indicated by manufacturers of both adhesives and panels. B. Flexible Flashing: Composite, self-adhesive, flashing product consisting of a pliable, rubberized-asphalt compound, bonded to a high-density, cross-laminated polyethylene film to produce an overall thickness of not less than 0.025 inch (0.6 mm). 1. 2. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: Products: Subject to compliance with requirements, provide one of the following: a. Carlisle Coatings & Waterproofing; CCW-705-TWF Thru-Wall Flashing. CNM – BUILDING “A” COURTYARD RENOVATION 061600 - 3 SHEATHING b. c. d. e. C. Grace Construction Products, a unit of W. R. Grace & Co. - Conn.; Vycor Plus Self-Adhered Flashing. MFM Building Products Corp.; Window Wrap. Polyguard Products, Inc.; Polyguard 300. Protecto Wrap Company; PS-45. Primer for Flexible Flashing: Product recommended by manufacturer of flexible flashing for substrate. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Do not use materials with defects that impair quality of sheathing or pieces that are too small to use with minimum number of joints or optimum joint arrangement. B. Cut panels at penetrations, edges, and other obstructions of work; fit tightly against abutting construction, unless otherwise indicated. C. Securely attach to substrate by fastening as indicated, complying with the following: 1. 2. NES NER-272 for power-driven fasteners. Table 2304.9.1, "Fastening Schedule," in ICC's "International Building Code." D. Use common wire nails, unless otherwise indicated. Select fasteners of size that will not fully penetrate members where opposite side will be exposed to view or will receive finish materials. Make tight connections. Install fasteners without splitting wood. E. Coordinate wall sheathing installation with flashing and joint-sealant installation so these materials are installed in sequence and manner that prevent exterior moisture from passing through completed assembly. F. Do not bridge building expansion joints; cut and space edges of panels to match spacing of structural support elements. G. Coordinate sheathing installation with installation of materials installed over sheathing so sheathing is not exposed to precipitation or left exposed at end of the workday when rain is forecast. 3.2 GYPSUM SHEATHING INSTALLATION A. Comply with GA-253 and with manufacturer's written instructions. 1. 2. 3. Fasten gypsum sheathing to cold-formed metal framing with screws. Install boards with a 3/8-inch (9.5-mm) gap where non-load-bearing construction abuts structural elements. Install boards with a 1/4-inch (6.4-mm) gap where they abut masonry or similar materials that might retain moisture, to prevent wicking. CNM – BUILDING “A” COURTYARD RENOVATION 061600 - 4 SHEATHING B. Apply fasteners so heads bear tightly against face of sheathing boards but do not cut into facing. C. Horizontal Installation: Abut ends of boards over centers of studs, and stagger end joints of adjacent boards not less than one stud spacing. Attach boards at perimeter and within field of board to each steel stud. 1. 2. 3.3 Space fasteners approximately 8 inches (200 mm) o.c. and set back a minimum of 3/8 inch (9.5 mm) from edges and ends of boards. For sheathing under stucco cladding, boards may be initially tacked in place with screws if overlying self-furring metal lath is screw-attached through sheathing to studs immediately after sheathing is installed. WEATHER-RESISTANT SHEATHING-PAPER INSTALLATION A. General: Cover sheathing with weather-resistant sheathing paper as follows: 1. 2. B. 3.4 Cut back barrier 1/2 inch (13 mm) on each side of the break in supporting members at expansion- or control-joint locations. Apply barrier to cover vertical flashing with a minimum 4-inch (100-mm) overlap, unless otherwise indicated. Building Paper: Apply horizontally with a 2-inch (50-mm) overlap and a 6-inch (150-mm) end lap; fasten to sheathing with galvanized staples or roofing nails. SHEATHING JOINT-AND-PENETRATION TREATMENT A. If self furring metal lath is not immediately attached, seal sheathing joints according to sheathing manufacturer's written instructions. 1. 3.5 Apply elastomeric sealant to joints and fasteners and trowel flat. Apply sufficient quantity of sealant to completely cover joints and fasteners after troweling. Seal other penetrations and openings. FLEXIBLE FLASHING INSTALLATION A. Apply flexible flashing where indicated to comply with manufacturers written instructions. 1. 2. 3. 4. 5. Prime substrates as recommended by flashing manufacturer. Lap seams and junctures with other materials at least 4 inches (100 mm), except that at flashing flanges of other construction, laps need not exceed flange width. Lap flashing over weather-resistant building paper at bottom and sides of openings. Lap weather-resistant building paper over flashing at heads of openings. After flashing has been applied, roll surfaces with a hard rubber or metal roller to ensure that flashing is completely adhered to substrates. END OF SECTION 061600 CNM – BUILDING “A” COURTYARD RENOVATION 061600 - 5 SHEATHING SECTION 074213 – ALUMINUM PLATE PANEL SYSTEM PART I. GENERAL 1.1 Related Documents A. The drawings and provisions of the General Conditions, Supplementary Conditions and the sections included under Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. This section includes aluminum plate panels used as the exterior or interior cladding. 1.3 PERFORMANCE REQUIREMENTS A. Structural performance: provide exterior/interior wall cladding assemblies capable of withstanding the effects of load and stresses from dead loads, wind loads, snow loads and normal thermal movement without evidence of permanent defects of assemblies or components. 1. Dead load: As required by applicable building code. 2. Live Load: As required by applicable building code. 3. Wind Load: Uniform pressure (velocity pressure) of (Insert Design Criteria) lb/sq ft. (Insert Design Criteria), acting inward or outward. 4. Thermal Movements: Provide assemblies that allow for thermal movements resulting from the following maximum changes (range) in ambient and surface temperatures by preventing buckling, opening of joints, overstressing of components and other detrimental effects: a. Temperature Change (range): 120 deg F (67 deg C), ambient; 180 deg F (100 deg C), material surfaces. B. Sealed joints shall allow free and silent movement of panels during expansion and contraction while preventing uncontrolled penetration of moisture. C. Manufacturing, installation, and sealing shall prevent deformation of exposed surfaces. D. Design panel system to accommodate substructure tolerance of +0 to -1/8 inch. E. Not Permitted: Vibration harmonics; wind whistles; noises caused by thermal movement; thermal movement transmitted to other building elements; loosening, weakening or fracturing of attachments or components of system. F. Preformed metal panel system to withstand code imposed design loads. Maximum allowable deflection of span: L/180. G. Air Infiltration: Panel system shall not have air infiltration rate more than 0.12 cfm per sq. ft. of fixed wall area when tested in accordance with ASTM E 283 at static air pressure differential of 1.57 psf. H. Static Water Penetration: Panel system shall have no water penetration as defined by test method when tested in accordance with ASTM E 331 at inward static pressure differential of not less than 6.24 psf positive static air pressure difference for a 15 minute duration, with a water application rate of 5 gal/ft2/hr. I. Dynamic Water Penetration: Panel system shall have been tested in accordance with AAMA 501 and shall have passed with no uncontrolled water leakage at 15.0 psf dynamic pressure differential for a 15 minute duration, with water application rate of 5 gal/ft2/hr. CNM – BUILDING “A” COURTYARD RENOVATION 074213-1 ALUMINUM PLATE PANEL SYSTEM J. Cyclic Static Air Pressure Differential: Provide a panel system capable of pressure cycle testing in accordance with ASTM E 1233. Testing shall consist of 100 cycles from 5 psf to 25 psf and system must pressure equalize in less than 0.08 seconds when tested as part of AAMA 508-7 test protocol. K. Pressure Equalized Rain Screen Performance: Provide a panel system designed to have no streaming water or droplets/mist on more than 5% of the cavity moisture barrier, when tested to AAMA 508-07 which includes static and dynamic testing with imperfect air barriers. 1.4 SUBMITTALS A. Product Data: Manufacturer's product literature for the panel specified. B. Shop Drawings: For exterior/interior wall panel assemblies and accessories. Include plans; elevations; sections and details. C. Structural Calculations: Submit a comprehensive analysis of design loads, including dead loads, live loads, wind loads and thermal movement. D. Quality Assurance Submittals: Submit the following: 1. Certificates: Product certificates signed by manufacturer certifying materials comply with the specified performance characteristics and criteria, and physical requirements. E. Samples for initial selections: Manufacturer’s color charts showing the full range of colors available for units with factory-applied color finishes. F. Samples for verification: Provide color samples of selected color. Samples shall involve normal color and texture variations, include sample sets showing the full range of variations expected. G. Affidavit certifying that the material meets the requirements specified. 1.5 QUALITY ASSURANCE A. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in the jurisdiction where the project is located and who is experienced in providing engineering services of kind indicated. B. Manufacturer Qualifications: Minimum of 5 years experience in manufacturing exterior wall panels similar to those specified. C. Installer Qualifications: Acceptable to manufacturer. 1.6 WARRANTY A. Project warranty refers to Conditions of the Contract for project warranty provisions. Manufacturer’s warranty: submit, for Owner’s acceptance, manufacturer’s standard warranty documents executed by authorized company official. Manufacturer’s warranty is in addition to, and not a limitation of, other rights owner may have under Contract Documents. B. The Contractor shall warrant the materials to be free of faults and defects in accordance with the General Conditions, except that the warranty shall be extended by paint manufacturer's standard multi-year warranty. The warranty shall be in writing and shall be signed by the manufacturer. C. Materials Manufacturers: Repair or replace defective materials for a period of two (2) years. D. Panel System Manufacturer: Repair or replace fabricated products which fail due to faulty workmanship for a period of five (5) years. CNM – BUILDING “A” COURTYARD RENOVATION 074213-2 ALUMINUM PLATE PANEL SYSTEM E. Panel System Installer: Repair or replace products or components which fail due to faulty workmanship for a period of two (2) years. F. Painted Finish: Coatings Manufacturer and applicator to warrant paint for a period of twenty (20) years after the Effective Date, the factory applied finish applied by the applicator. a) WILL NOT chip, crack or peel (lose adhesion) but does not include minute fracturing which may occur in proper fabrication of building parts. b) WILL NOT chalk in excess of ASTM D-4214-89 number eight (8) rating, determined by the procedure outlined in ASTM D-4214-89 specification test. c) WILL NOT change color more than five (5) Delta-E Hunter units (square roof of the sum of square Delta L, Delta a, and Delta b) as determined by ASTM method D2244. It is acknowledged that fading or color changes may not be uniform if the surfaces are not equally exposed to the sum and elements. Part 2 PRODUCTS 2.1 MANUFACTURER A. Manufacturers: Subject to compliance with requirements, provide products manufactured by: 1. Firestone Metal Products, 1001 Lund Blvd., Anoka, MN 55330: Phone 800-426-7737, Fax 763-576-9596, www.unaclad.com a. Series 3200 - Aluminum Plate Wall Panel System 2. Alpolic Aluminum Faced Composite Panel Rainscreen with 4mm ACM PE core. b. Alternate systems by other manufacturers/fabricators are to be submitted to the architect not less than 7 working days prior bid. . A. MATERIALS A. Aluminum Extrusions: ASTM B221, alloy 6063-T6 and/or 6061-T6 B. Aluminum Plate: ASTM B209, Aluminum Association specification sheet finish 5005-H34 for anodized finish. a. Thickness: 0.125 inch . 2.2 FABRICATION A. Tolerances 1. Reinforce panels with stiffeners where applicable to meet design criteria. 2. Panel lines, breaks, and angles shall be sharp and true, and surfaces shall be free from warp or buckle. B. Panel surfaces shall be free of scratches or marks caused during fabrication. C. If a metallic color is selected ensure that panel grain is maintained. Under no circumstances are panel blank sizes to be rotated even if material waste in increased. D. Condensation: Fabricate panels for control of condensation, including vapor inclusion of seals and provisions for breathing, venting, weeping and draining. CNM – BUILDING “A” COURTYARD RENOVATION 074213-3 ALUMINUM PLATE PANEL SYSTEM 2.3 ACCESSORIES A. All exposed rivets/fasteners shall be stainless steel. B. All hidden fasteners shall Climaseal coated or stainless steel. C. Flashing: Aluminum, same finish as for aluminum panel where exposed; secured with concealed fastening method. D. Panel System Subgrits: Provide G90 galvanized steel of gauge and spacing required for panel system structural requirements, as recommended by panel manufacture and in accordance with approved shop drawings. To avoid galvanic reaction, separate dissimilar metals. E. All proprietary extrusions supplied by fabricator. System is to be Dry Set with exposed stainless steel rivets located in the return flange. F. No exposed sealant to be used at panel-to-panel connections. 2.4 FINISHES A.Comply with NAAMM’s Metal Finishes Manual for architectural metal products for recommendations for applying and designating finishes. 2.6 ALUMINUM FINISHES A. Panel Finishes: 1. Coating shall be Spray-Applied Fluorocarbon Resin utilizing 70% Kynar 500 resins. 2. Color as selected by owner/consultant from manufacturer’s standard colors. 3. Number of Coats: 2-coat. Coating shall be factory applied on a continuous process paint line. Coating shall consist of a 0.2 mil prime coat, a 0.75 mil barrier coat, a 0.75 mil metallic/color coat containing 70% Kynar resins, and a 0.5 mil clear coat containing 70% Kynar resins (Note mil thickness is approximate.) 4. Relevant to the color selected, material to be painted in accordance with either AAMA specification 2605 or 2604. 5. Provide factory applied strippable plastic film for protection during fabrication and installation. B. Pencil Hardness – ASTM D3352-74 C. Shall be HB-H minimum (Eagle Turquoise). D. Impact Adhesion – ASTM D294-84 1. Coating shall show no cracking and no loss of adhesion E. Cure Test – NCCA 11-18 1. Coating shall withstand 50+ double rubs of MEK. F. Humidity Resistance – ASTM D2247-87 1. Coating shall show no blisters after 3000 hours of 100% humidity at 95`F. G. Salt Spray Resistance – ASTM B117-85 1. After 3000 hours of exposure to 5% salt fog, at 95`F, scored sample shall show none or few #8 blisters, and less then 1/8” average creepage from scribe H. Weatherometer Test – ASTM D882-86/G23-88 Coating shall show no cracking, peeling, blistering or loss of adhesion after 2000 hours. 1. Chalking Resistance – ASTM D659-86 2. No chalking greater than #8 after 10 years Florida exposure at 45`S. 3. Color Change – ASTM D2244-74 4. Color change shall not exceed 5 NBS units after 10 years Florida exposure at 45`S. CNM – BUILDING “A” COURTYARD RENOVATION 074213-4 ALUMINUM PLATE PANEL SYSTEM I. 5. After 5000 hours in Atlas Weatherometer coating shall show no objectionable chalking or color change. Abrasion Resistance – ASTM D968-81 Coating shall resist 65+/- 15 liters/mil minimum of falling sand. PART 3 – EXECUTION 3.1 PREPARATION A. Coordinate setting drawings, diagrams, templates, instructions, and directions for installation. Panel substructure shall be level and plumb. Panel substructure shall be structurally sound as determined by that subcontractor’s engineer. Panel substructure shall be free of defects detrimental to work and erected in accordance with established building tolerances. Coordinate delivery of such items to project site. 3.2 INSTALLATION A. Erect panels level and plumb, in proper alignment in relation to substructure framing and established lines. B. Panels shall be erected in accordance with approved shop drawings. C. Panel anchorage shall be structurally sound and per engineering recommendations. D. Where aluminum materials come in contact with dissimilar materials, an isolation shim or tape shall be installed at fastening locations. E. Locate and place wall panels’ level, plumb, and at indicated alignment with adjacent work. 3.3 CLEANING AND PROTECTING A. Clean exposed surfaces of wall panels that are not protected by temporary covering to remove fingerprints and soil during construction period. B. Clean exposed surfaces with water and a mild soap or detergent not harmful to finishes. Thoroughly rinse surfaces and dry. C. Protect wall panel assemblies from damage during construction. Use temporary protective coverings where needed as approved by the wall panel manufacturer. D. Clean and touch up minor abrasions in finished with air-dried coating that matches color and gloss of, and is compatible with, factory–applied finish coating. END OF SECTION - 074213 CNM – BUILDING “A” COURTYARD RENOVATION 074213-5 ALUMINUM PLATE PANEL SYSTEM SECTION 079200 - JOINT SEALANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. SUMMARY A. This Section includes sealants for the following applications, including those specified by reference to this Section: B. This Section includes sealants for the following applications: 1. Exterior joints in the following vertical surfaces and nontraffic horizontal surfaces: a. Control and expansion joints in cast-in-place concrete. b. Joints between different materials listed above. c. Control and expansion joints in ceiling and overhead surfaces. d. Other joints as indicated. e. Joints in exterior plaster system. 2. Exterior joints in the following horizontal traffic surfaces: a. Control, expansion, and isolation joints in cast-in-place concrete slabs. b. Control and expansion joints. c. Joints between different materials listed above. d. Other joints as indicated. C. Related Sections include the following: 1. Division 7 Section "Aluminum Panel Systems" for building joint-sealant systems. 1.3 PRECONSTRUCTION TESTING A. Preconstruction Compatibility and Adhesion Testing: Submit to joint-sealant manufacturers, for testing indicated below, samples of materials that will contact or affect joint sealants. 1. Use ASTM C 1087 to determine whether priming and other specific joint preparation techniques are required to obtain rapid, optimum adhesion of joint sealants to joint substrates. 2. Submit not fewer than eight pieces of each kind of material, including joint substrates, shims, joint-sealant backings, secondary seals, and miscellaneous materials. 3. Schedule sufficient time for testing and analyzing results to prevent delaying the Work. 4. For materials failing tests, obtain joint-sealant manufacturer's written instructions for corrective measures including use of specially formulated primers. 5. Testing will not be required if joint-sealant manufacturers submit joint preparation data that are based on previous testing, not older than 24 months, of sealant products for adhesion to, and compatibility with, joint substrates and other materials matching those submitted. CNM BUILDING “A” COURTYARD RENOVATIONS 079200 - 1 JOINT SEALANTS B. 1.4 SUBMITTALS A. 1.5 Product Data: For each joint-sealant product indicated. QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has specialized in installing joint sealants similar in material, design, and extent to those indicated for this Project and whose work has resulted in joint-sealant installations with a record of successful in-service performance. B. Provide pull test after sealant has cured. Provide pull test for each sealant required and for each material sealant system is applied to. Three tests per material. 1.6 1.7 Preconstruction Field-Adhesion Testing: Before installing sealants, field test their adhesion to Project joint substrates as follows: 1. Locate test joints where indicated on Project or, if not indicated, as directed by Architect. 2. Conduct field tests for each application indicated below: a. Each kind of exterior sealant and joint substrate indicated. 3. Notify Architect seven days in advance of dates and times when test joints will be erected. 4. Test Method: Test joint sealants according to Method A, Field-Applied Sealant Joint Hand Pull Tab, in Appendix X1 in ASTM C 1193 or Method A, Tail Procedure, in ASTM C 1521. 1) For joints with dissimilar substrates, verify adhesion to each substrate separately; extend cut along one side, verifying adhesion to opposite side. Repeat procedure for opposite side. 5. Report whether sealant failed to adhere to joint substrates or tore cohesively. Include data on pull distance used to test each kind of product and joint substrate. For sealants that fail adhesively, retest until satisfactory adhesion is obtained. 6. Evaluation of Preconstruction Field-Adhesion-Test Results: Sealants not evidencing adhesive failure from testing, in absence of other indications of noncompliance with requirements, will be considered satisfactory. Do not use sealants that fail to adhere to joint substrates during testing. DELIVERY, STORAGE, AND HANDLING A. Deliver materials to Project site in original unopened containers or bundles with labels indicating manufacturer, product name and designation, color, expiration date, pot life, curing time, and mixing instructions for multicomponent materials. B. Store and handle materials in compliance with manufacturer's written instructions to prevent their deterioration or damage due to moisture, high or low temperatures, contaminants, or other causes. PROJECT CONDITIONS CNM BUILDING “A” COURTYARD RENOVATIONS 079200 - 2 JOINT SEALANTS A. Environmental Limitations: Do not proceed with installation of joint sealants under the following conditions: 1. When ambient and substrate temperature conditions are outside limits permitted by joint sealant manufacturer. B. Joint-Width Conditions: Do not proceed with installation of joint sealants where joint widths are less than those allowed by joint sealant manufacturer for applications indicated. C. Joint-Substrate Conditions: Do not proceed with installation of joint sealants until contaminants capable of interfering with adhesion are removed from joint substrates. 1.8 WARRANTY A. General Warranty: Special warranties specified in this Article shall not deprive Owner of other rights Owner may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by Contractor under requirements of the Contract Documents. 1. 2. Provide 5 year warranty for all sealants, except where noted otherwise Provide 20 year warranty for silicone sealants. PART 2 - PRODUCTS 2.1 PRODUCTS AND MANUFACTURERS A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the products specified in the sealant schedules at the end of Part 3. B. Products: Subject to compliance with requirements, provide one of the products indicated for each type in the sealant schedules at the end of Part 3. 2.2 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, backings, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. B. Liquid-Applied Joint Sealants: Comply with ASTM C 920 and other requirements indicated for each liquid-applied joint sealant specified, including those referencing ASTM C 920 classifications for type, grade, class, and uses related to exposure and joint substrates. 1. Suitability for Immersion in Liquids. Where sealants are indicated for Use I for joints that will be continuously immersed in liquids, provide products that have undergone testing according to ASTM C 1247. Liquid used for testing sealants is deionized water, unless otherwise indicated. CNM BUILDING “A” COURTYARD RENOVATIONS 079200 - 3 JOINT SEALANTS C. Stain-Test-Response Characteristics: Where sealants are specified to be nonstaining to porous substrates, provide products that have undergone testing according to ASTM C 1248 and have not stained porous joint substrates indicated for Project. D. Colors of Exposed Joint Sealants: As selected by Architect from manufacturer's full range for this characteristic. 2.3 ELASTOMERIC JOINT SEALANTS A. Elastomeric Sealant Standard: Comply with ASTM C 920 and other requirements indicated for each liquid-applied chemically curing sealant in the Elastomeric Joint-Sealant Schedule at the end of Part 3, including those referencing ASTM C 920 classifications for type, grade, class, and uses. B. Suitability for Contact with Food: Where elastomeric sealants are indicated for joints that will come in repeated contact with food, provide products that comply with 21 CFR 177.2600. 2.4 LATEX JOINT SEALANTS A. 2.5 Latex Sealant Standard: Comply with ASTM C 834 for each product of this description indicated in the Latex Joint-Sealant Schedule at the end of Part 3. JOINT-SEALANT BACKING A. General: Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. B. Cylindrical Sealant Backings: ASTM C 1330, of type indicated below and of size and density to control sealant depth and otherwise contribute to producing optimum sealant performance: 1. Type C: Closed-cell material with a surface skin. 2. Type O: Open-cell material. C. Bond-Breaker Tape: Polyethylene tape or other plastic tape recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint-filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide selfadhesive tape where applicable. 2.6 MISCELLANEOUS MATERIALS A. Primer: Material recommended by joint sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate tests and field tests. B. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials, free of oily residues or other substances capable of staining or CNM BUILDING “A” COURTYARD RENOVATIONS 079200 - 4 JOINT SEALANTS harming joint substrates and adjacent nonporous surfaces in any way, and formulated to promote optimum adhesion of sealants with joint substrates. C. Masking Tape: Nonstaining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting jointsealant performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint sealant manufacturer's written instructions and the following requirements: 1. Remove all foreign material from joint substrates that could interfere with adhesion of joint sealant, including dust, paints (except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer), old joint sealants, oil, grease, waterproofing, water repellents, water, surface dirt, and frost. 2. Clean porous joint substrate surfaces by brushing, grinding, blast cleaning, mechanical abrading, or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. Remove loose particles remaining from above cleaning operations by vacuuming or blowing out joints with oil-free compressed air. Porous joint surfaces include the following: a. Concrete. b. Masonry. c. Unglazed surfaces of ceramic tile. 3. Remove laitance and form-release agents from concrete. 4. Clean nonporous surfaces with chemical cleaners or other means that do not stain, harm substrates, or leave residues capable of interfering with adhesion of joint sealants. a. Metal. b. Glass. c. Glazed surfaces of ceramic tile. B. Joint Priming: Prime joint substrates where recommended in writing by joint sealant manufacturer, based on preconstruction joint-sealant-substrate tests or prior experience. Apply primer to comply with joint sealant manufacturer's written instructions. Confine primers to areas of joint-sealant bond; do not allow spillage or migration onto adjoining surfaces. C. Masking Tape: Use masking tape where required to prevent contact of sealant with adjoining surfaces that otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal. CNM BUILDING “A” COURTYARD RENOVATIONS 079200 - 5 JOINT SEALANTS 3.3 INSTALLATION OF JOINT SEALANTS A. General: Comply with joint sealant manufacturer's written installation instructions for products and applications indicated, unless more stringent requirements apply. B. Sealant Installation Standard: Comply with recommendations of ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. C. Acoustical Sealant Application Standard: Comply with recommendations of ASTM C 919 for use of joint sealants in acoustical applications as applicable to materials, applications, and conditions indicated. D. Install sealant backings of type indicated to support sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. 1. Do not leave gaps between ends of sealant backings. 2. Do not stretch, twist, puncture, or tear sealant backings. 3. Remove absorbent sealant backings that have become wet before sealant application and replace them with dry materials. 4. Cover all backer rods with sealant by end of day. E. Install bond-breaker tape behind sealants where sealant backings are not used between sealants and back of joints. F. Install sealants by proven techniques to comply with the following and at the same time backings are installed: 1. Place sealants so they directly contact and fully wet joint substrates. 2. Completely fill recesses provided for each joint configuration. 3. Produce uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. G. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. 1. Remove excess sealants from surfaces adjacent to joint. 2. Tool sealants dry. Do not use solvents. 3. Provide concave joint configuration per Figure 5A in ASTM C 1193, unless otherwise indicated. 3.4 CLEANING A. 3.5 Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved in writing by manufacturers of joint sealants and of products in which joints occur. PROTECTION CNM BUILDING “A” COURTYARD RENOVATIONS 079200 - 6 JOINT SEALANTS A. 3.6 Protect joint sealants during and after curing period from contact with contaminating substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately so installations with repaired areas are indistinguishable from the original work. ELASTOMERIC JOINT-SEALANT SCHEDULE A. Single-Component, Nonsag, Urethane Joint Sealant: Class 25, for Use NT. 1. ASTM C 920, Type S, Grade NS, Products: a. b. c. d. e. BASF Building Systems; Sonolastic Ultra. Pecora Corp.; Dynatrol I. Sika Corporation, Construction Products Division; Sikaflex - 1a. BASF Building Systems.; Sonneborn NP 1. Tremco Incorporated; Vulkem 116. B. Multicomponent Nonsag Urethane Sealant: Where joint sealants of this type are indicated, provide products complying with the following: 1. Products: Available products include the following: a. Vulkem 227; Tremco. b. Vulkem 322DS; Tremco. c. NP 2;Sonneborn, Division of ChemRex, Inc. d. Sikaflex - 2c NS TG; Sika Corporation. 2. Type and Grade: M (multicomponent) and NS (nonsag). 3. Class: 25. 4. Additional Movement Capability: 50 percent movement in extension and 50 percent in compression for a total of 100 percent movement. 5. Use Related to Exposure: NT (nontraffic). 6. Uses Related to Joint Substrates: M, G, A, and, as applicable to joint substrates indicated, O. 7. Applications: Exterior masonry control joints, and all other exterior locations. C. Multicomponent Pourable Urethane Sealant: Where joint sealants of this type are indicated, provide products complying with the following: 1. Products: Available products include the following: a. Dynatrol II-SG; Pecora Corp. b. Vulkem 245; Tremco. c. Sikaflex – 2c SL; Sika Corporation. d. SL 2; Sonneborn Building Products Div., ChemRex Inc. 2. Type and Grade: M (multicomponent) and P (pourable). 3. Class: 25. 4. Use Related to Exposure: T(traffic) and NT (nontraffic). 5. Uses Related to Joint Substrates: M, G, A, and, as applicable to joint substrates indicated. 6. Applications: Horizontal exterior surfaces and horizontal surfaces in the parking area. END OF SECTION 079200 CNM BUILDING “A” COURTYARD RENOVATIONS 079200 - 7 JOINT SEALANTS SECTION 099000 – PAINTING & COATING PART 1 - GENERAL 1.01 Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions otherwise detrimental to the formation of a durable paint film. 1.02 Deliver all materials to the job site in original, new and unopened packages and containers bearing manufacturer's name and label. A. Provide labels on each container with the following information: 1. 2. 3. 4. 5. 6. 7. Name or title of material. Federal Specifications number, if applicable. Manufacturer's stock number. Manufacturer's name. Contents by volume, for major pigment and vehicle constituents. Thinning instructions. Application instruction. 1.03 Protect work of other trades, whether to be painted or not, against damage by painting and finishing work. Correct any damages by cleaning, repairing or replacing, and repainting, as directed by the Landscape Architect. 1.04 Provide the Owner with a minimum of 1 full gallon of each type and color of paint labeled with every surface on which it was used. PART 2 - PRODUCTS 2.01 Provide the best quality grade of the various types of coatings as required manufactured by approved paint materials manufacturers. Materials not displaying the manufacturer's identification as standard, best-grade product will not be acceptable. Paints used shall be as manufactured by one of the following companies: Dunn Edwards Pittsburgh Plate Glass Co. Sherwin-Williams Paint Co. Samuel Cabot, Inc. PART 3 - EXECUTION 3.01 SURFACE PREPARATION A. Perform preparation and cleaning procedures in strict accordance with the paint manufacturer's instruction and as herein specified. B. Clean surfaces to be painted before applying paint or surface treatments. Remove oil and grease prior to mechanical cleaning. Program the cleaning and painting so the contaminants from the cleaning process will not fall onto wet, newly-painted surfaces. CNM – BUILDING “A” COURTYARD RENOVATION 099000 - 1 PAINTING & COATING 3.02 PAINTING A. Apply paint in accordance with the manufacturer's directions. Use applications and techniques best suited for the type of material being applied. B. Do not apply paint in snow, rain, fog or mist, or when the relative humidity exceeds 85% or to damp or wet surfaces, unless otherwise permitted by the paint manufacturer's printed instruction. END OF SECTION CNM – BUILDING “A” COURTYARD RENOVATION 099000 - 2 PAINTING & COATING SECTION 312000 - EARTHWORK PART 1 GENERAL 1.01 WORK INCLUDED A. 1.02 RELATED WORK ELSEWHERE A. 1.03 1.04 General foundation notes on Drawings. In case of conflict or omission, the general foundation notes shall govern. SUBSURFACE SOIL DATA A. Subsurface soil investigations have been made and the results are available for examination by the Contractor. This is not a warranty of conditions, the Contractor is expected to examine the site and determine for himself the character of materials to be encountered. B. No additional allowance will be made for rock removal, site clearing and grading, filling, compaction, disposal, or removal of any unclassified materials. REFERENCES A. 1.05 The work covered by this Section consists of furnishing all plant, labor, equipment, appurtenances and material in performing all operations, hauling, placing, spreading, watering, processing, compacting and shaping earth sections complete in place in accordance with the Project Manual and Drawings. American Society for Testing and Materials (ASTM). 1. ASTM D 1556-90 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method. 2. ASTM D 1557-91 Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3). 3. ASTM D 2922-96 Standard Test Methods for Density of Soil and SoilAggregate in Place by Nuclear Methods (Shallow Depth). 4. ASTM D 3017-96 Standard Test Method for Water content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). 5. ASTM D 4318-95a Standard Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. SUBMITTALS A. Submit copies of materials certificates and test results for materials in accordance with type of tests, frequencies and remarks as outlined in the sampling and testing schedule. CNM - BUILDING “A” COURTYARD RENOVATION 312000 - 1 EARTHWORK 1.06 TESTING AND INSPECTION A. General: The Owner shall employ the services of a registered, licensed Geotechnical Engineer to observe all controlled earthwork soil testing. The testing laboratory shall provide continuous on-site observation by experienced personnel during construction of fill material. The Contractor shall notify the testing laboratory at least two working days in advance of any field operations of controlled earthwork, or of any resumption of operations after stoppages. B. Report of Field Density Tests 1. C. Costs of Tests and Inspection 1. D. 1.07 The Geotechnical Engineer shall submit, daily, the results of field density tests required by these specifications. The cost of testing, inspecting and engineering, as specified in this section of the specifications, shall be borne by the Contractor. Lines and Grades: Alignment and grade of all elements shall be made on true tangents and curves. Grades shall conform to the elevations indicated on Drawings, with minor adjustments, to provide a smooth approach at building lines, at connections to existing paving and to provide proper drainage. Correct irregularities at no cost to the Owner. WEATHER LIMITATIONS A. Controlled fill shall not be constructed when the atmospheric temperature is below 35 degrees F. When the temperature falls below 35 degrees, it shall be the responsibility of the Contractor to protect all areas of completed work against any detrimental effects of ground freezing by methods approved by the testing laboratory. Any areas that are damaged by freezing shall be reconditioned, reshaped, and compacted by the Contractor in conformance with the requirements of this specification without additional cost to the Owner. PART 2 PRODUCTS 2.01 NON - STRUCTURAL FILL MATERIAL A. 2.02 The material shall be clean, free of roots, organic matter, trash, debris, lumps or stones larger than 6 inches. STRUCTURAL FILL MATERIAL A. Material shall consist of soils that conform to the following physical characteristics: Sieve Size Sq. Openings 6 inch CNM - BUILDING “A” COURTYARD RENOVATION Percent Passing By Weight 100 312000 - 2 EARTHWORK 4 inch ¾ inch No. 4 No. 200 B. C. 85 – 100 70 - 100 50 - 100 40 (max) Maximum expansive potential (%)……………1.5 Maximum soluble sulfates (%)………………..0.10 PART 3 EXECUTION 3.01 PREPARATION A. 3.02 3.03 CONSTRUCTION AREA TREATMENT A. Site Preparation - Fill Areas: Prior to placing structural fill the areas to be filled shall be scarified to a depth of eight inches and moisture conditioned as described below. The area to be filled shall then be compacted to a minimum of 95 percent of maximum density as determined in accordance with ASTM D 1557. Any soft or "spongy" areas shall be removed as directed by the Geotechnical Engineer and replaced with structural fill as described herein. B. Site Preparation - Cut Areas: Following excavation to rough grade all building and pavement areas shall be scarified to a depth of eight inches and moisture conditioned as described below. All building and paved areas shall be compacted to a minimum of 95 percent of maximum density as determined by ASTM D 1557. EQUIPMENT AND METHODS A. 3.04 3.05 Clearing and Grubbing: Prior to placing structural fill all borrow areas and areas to receive structural fill shall be stripped of vegetation and deleterious materials. Strippings shall be hauled offsite or stockpiled for subsequent use in landscaped areas or non-structural fill areas as designated by the Owner or his representative and approved by the Geotechnical Engineer. In areas not accessible to heavy equipment, distribute by and compact with hand operated vibratory compactors. BORROW A. The Contractor shall provide sufficient material for fill to the lines, elevations and cross sections as shown on the contract drawings from borrow areas. B. The Contractor shall obtain from the Owners of said borrow areas the right to excavate material, shall pay all royalties and other charges involved, and shall pay all expenses in developing the source including the cost of right-of-way required for hauling the material. COMPACTION A. Fill shall be spread in layers not exceeding 8 inches, watered as necessary, and compacted. Moisture content at time of compaction shall be 3 percent below optimum moisture or higher. CNM - BUILDING “A” COURTYARD RENOVATION 312000 - 3 EARTHWORK A density of not less than 95 percent of maximum dry density within the building pads and paved areas shall be obtained. Fill areas outside the building pads and paved areas shall be compacted to 95 percent of maximum dry density. B. Optimum moisture content and maximum dry density for each soil type used shall be determined in accordance with ASTM D 1557. C. Compaction of the fill shall be by mechanical means only. Where vibratory compaction equipment is used, it shall be the Contractor's responsibility to ensure that the vibrations do not damage nearby buildings or other adjacent property. Where vibratory compaction is not possible, pneumatic rolling equipment shall be used. MINIMUM PERCENT COMPACTION MATERIAL Structural & granular fill in construction area Subgrade below structural fill Structural fill under exterior walls Subgrade under asphalt & sidewalks Miscellaneous backfill 3.06 MOISTURE CONTROL A. 3.07 Density of undisturbed soils, in-place fill and backfill shall be determined in accordance with the procedures of ASTM D 1556 or ASTM D 2922 and D 3017. If tests indicate that the density of in-place soil is less than required, the material shall be scarified, moistened or dried as necessary to obtain proper moisture content and recompacted as necessary to achieve the proper densities. Sufficient density tests shall be made and reports submitted by the Testing Laboratory indicating all cut and fill areas were compacted and graded in accordance with the requirements. SLOPE PROTECTION & DRAINAGE A. 3.09 The material, while being compacted, shall be within the moisture range of 3% below to 3% above optimum, well distributed throughout the layer. DENSITY REQUIREMENTS A. 3.08 95 95 95 95 90 Berming and grading shall be done as may be necessary to prevent surface water from flowing into and out of the construction area. Any water accumulating therein shall be removed by pumping or by other methods. SOIL EROSION PROTECTION A. The Contractor shall ensure that no soil erodes or blows from the site into public right-of-way or onto private property. CNM - BUILDING “A” COURTYARD RENOVATION 312000 - 4 EARTHWORK B. 3.10 3.11 3.12 3.13 The Contractor shall promptly clean up any material which erodes or blows into the public right-of-way or onto private property. PRESERVATION OF PROPERTY A. Provide temporary fences, barricades, coverings, or other protections to preserve existing items indicated to remain and to prevent injury or damage to persons or property. Apply protections to adjacent properties as required. B. Restore damaged work to condition existing prior to start of work, unless otherwise directed. EXISTING UTILITIES A. The Contractor shall verify the location of any utility lines, pipelines, or underground utility lines in or near the area of the work in advance of and during Earthwork. The Contractor is fully responsible for any and all damage caused by failure to locate, identify and preserve any and all existing utilities, pipelines and underground utility lines. Repair damaged utilities to the satisfaction of the utility owner at no expense to the Owner. B. Should uncharted or incorrectly charted piping or other utilities be encountered during grading, consult the Architect immediately for directions as to procedures. C. Cooperate with the Owner and public or private utility companies in keeping service and facilities in operation. WASTE A. Dispose of all waste off Owner's property. B. Burning of waste will not be permitted. AIR POLLUTION A. Use water sprinkling, temporary enclosures, and other suitable methods to limit dust and dirt air pollution. Comply with governing regulations pertaining to environmental protection. CNM - BUILDING “A” COURTYARD RENOVATION 312000 - 5 EARTHWORK SAMPLING AND TESTING SCHEDULE FOR EARTHWORK FIELD QUALITY CONTROL MATERIAL NATURAL GROUND TEST FOR Compaction in accordance with ASTM D 1556 or ASTM D 2922 and D 3017 EMBANKMENT Soil Conditions AND/OR Moisture-Density in Accordance with ASTM D 1557 SUBGRADE Compaction control in accordance with ASTM D 1556 or ASTM D 3017 FREQUENCY 1 per 500 square yards of surface REMARKS Conduct a minimum of 1 test per footing. Test 1 per soil Classification 1 per each lift every 300 square yards of surface 1) Immediately after placing 2) Conduct a minimum of 2 tests per section or 1 test per footing. 1 per each lift for each 100 cubic yards of fill END OF SECTION 312000 CNM - BUILDING “A” COURTYARD RENOVATION 312000 - 6 EARTHWORK Section 321400 - INTERLOCKING CONCRETE PAVERS PART 1 - GENERAL 1.01 1.02 Section Includes A. Work consists of furnishing and construction of an Interlocking Concrete Pavement System in accordance with these specifications and in reasonably close conformity with the lines, grades, design, and dimensions shown on the plans. B. Installation work includes: 1. Verifying Subgrade is to the lines, grades and density shown on the construction Drawings; 2. Furnishing and installing Base Course, Bedding Course, Edge Restraint, Concrete Pavers and Joint Filling Sand to the lines and grades shown on the construction drawings. References A. American Association of State Highway and Transportation Officials (AASHTO) 1. B. American Society of Civil Engineers (ASCE) 1. C. GDPS-4-M Guide for Design of Pavement Structures ASCE 58-10 Structural Design of Interlocking Concrete Pavement for Municipal Streets and Roadways American Society for Testing and Materials (ASTM) 1. ASTM C-33 Concrete Aggregates 2. ASTM C-94 Standard Specification for Ready Mixed Concrete 3. ASTM C-131 Resistance to Degradation of Small-Sized Course Aggregate by Abrasion and Impact in the Los Angeles Machine 4. ASTM C-136 Sieve Analysis of Fine and Course Grained Aggregates 5. ASTM C-140 Sampling and Testing Concrete Masonry Units and Related Units 6. ASTM C-144 Aggregate for Masonry Mortar 7. ASTM C-936 Solid Concrete Interlocking Paving Units 8. ASTM C-979 Pigments for Integrally Colored Concrete 9. ASTM C-1645 Freeze-thaw and De-icing Salt Durability of Solid Interlocking Paving Units CNM – BUILDING “A” COURTYA RD RENOVATION 321400 - 1 INTERLOCKING CONCRETE PA VERS D. 10. ASTM D-698 Laboratory Compaction Characteristics of Soil Using Standard Effort 11. ASTM D-1557 Laboratory Compaction Characteristics of Soil Using Modified Effort 12. ASTM D-1883 CBR (California Bearing Ratio) of Laboratory Compacted Soils 13. ASTM D-2488 Description and Identification of Soils (Visual-Manual Procedure) 14. ASTM D-2940 Graded Aggregate Material for Bases or Subbases for Highways or Airports 15. ASTM D-4873 Identification, Storage and Handling of Geosynthetic Rolls and Samples 16. ASTM D-7428 Resistance of Fine Aggregates to Degradation by Abrasion in the Micro-Deval Apparatus Interlocking Concrete Pavement Institute (ICPI) 1. 1.03 Tech Spec Technical Bulletins. Submittals A. Contractor shall submit to the owner for approval, and retain for the balance of the project, a minimum of four full size samples of each Concrete Paver type/size/thickness/color/finish specified; the samples shall represent the range of shape, texture and color permitted for the respective type. Color shall be as indicated on the Drawings. B. Prior to delivery of the associated material to the site, the Contractor shall submit the following product specific documentation for approval: 1. 2. Aggregates 1) Sieve analysis per ASTM C-136 2) Durability of aggregates using Micro Deval Degradation using ASTM D928. 3) Percentage of angular and sub-angular particles per ASTM D-2488. Concrete Pavers: 1) Test results from an independent testing laboratory for ASTM C-936 or other applicable requirements. 2) Warranty documentation CNM – BUILDING “A” COURTYA RD RENOVATION 321400 - 2 compliance to INTERLOCKING CONCRETE PA VERS 1.04 1.05 1.06 3) Close out Operations and Maintenance program. 4) Material Safety Data Sheets Quality Assurance A. At a minimum, the Contractor’s Site Foreman shall hold current Basic Level Certificate from the Interlocking Concrete Pavement Institute (ICPI) contractor certification program. The Site Foreman is expected to be onsite for the entire installation. B. Contractor shall conform to all local, state/provincial licensing and bonding requirements. Mock-Ups A. Install a 10 ft x 10 ft paver area following the installation practices described in Part 3. B. This area will be used to verify: surcharge of the Bedding Course; joint sizes; lines; laying pattern(s); color(s); and, texture of the job. C. This area shall be the standard from which the work will be judged. D. Subject to approval by the Owner, the mock-up may be retained as part of the finished work. If mock-up is not retained, remove and dispose of mock-up at the completion of the project. Delivery, Storage and Handling A. Comply with Manufacturer’s ordering instructions and lead time requirements to avoid construction delays. B. Coordinate delivery and paving schedule to minimize interference with normal use of buildings adjacent to paving. C. Contractor shall check all materials upon delivery to assure that the proper materials have been received and are in good condition before signing off on the manufacturer’s packing slip. D. Contractor shall protect all materials from damage or contamination due to jobsite conditions and in accordance with manufacturer's recommendations. Damaged or contaminated materials shall not be incorporated into the work. E. Deliver Concrete Pavers to the site in steel banded, plastic banded, or plastic wrapped cubes capable of transfer by fork lift or clamp lift. Unload and store Concrete Pavers at job site in such a manner that no damage occurs to the product. F. Handle and transport aggregates to avoid segregation, contamination and degradation. Keep different materials sufficiently separated as to prevent mixing. Do not dump or store one material on top of another unless it is part of the installation process. Cover material with waterproof covering to prevent exposure to rainfall or removal by windsecure the covering in place. CNM – BUILDING “A” COURTYA RD RENOVATION 321400 - 3 INTERLOCKING CONCRETE PA VERS 1.07 Environmental Conditions A Do not install during heavy rain, freezing conditions or snowfall. B. Do not install on frozen soil subgrade. C. Do not install frozen Bedding Course sand, Joint Filling Sand or Base Course material. PART 2 - PRODUCTS 2.01 2.02 Concrete Pavers A. Permeable concrete paving stone(s), shall be as indicated on the Drawings. B. Paving stone units shall meet the minimum material and physical properties set forth in ASTM C 936, Standard Specification for Interlocking Concrete Paving Units. C. Efflorescence shall not be a cause for rejection. D. Pigment in concrete pavers shall conform to ASTM C 979. ACI Report No. 212.3R provides guidance on the use of pigments. GRANULAR SUB BASE The granular subbase material shall consist of granular material graded in accordance with ASTM D 2940, the subbase thickness and specific aggregate gradation shall be as indicated on the Drawings. 2.03 GRANULAR BASE The granular base material shall be graded in accordance with the requirements of ASTM D 2940, the granular base thickness and specific aggregate gradation shall be as indicated on the Drawings. 2.04 BEDDING AND VOID OPENING AGGREGATES The granular bedding material shall be graded in accordance with the requirements of ASTM D 2940, the bedding thickness and specific gradation shall be as indicated on the Drawings. 2.05 EDGE RESTRAINTS Edge restraints shall be as indicated on the Drawings. The pavers must abut tightly against the restraints to prevent rotation under load and any consequent spreading of joints. The restraints must be sufficiently stable that, in addition to providing suitable edge support for the paver units, they are able to withstand the impact of vehicular traffic and/or snow removal equipment. PART 3 - EXECUTION 3.01 Pre-Construction Inspection CNM – BUILDING “A” COURTYA RD RENOVATION 321400 - 4 INTERLOCKING CONCRETE PA VERS A. B. 3.02 Prior to commencement of any work, the Contractor shall conduct a pre-construction meeting with the Owner, Owner’s Representative, and affected sub-trades. The preconstruction meeting should, at a minimum, verify: a. The location of the Mock Up, and whether it will be part of the final construction or need to be removed. b. The site layout conforms to the Site Plan. c. The excavation work conforms to the specified lines, elevations and compaction densities of the subgrade soils. Subgrade shall be trimmed to within 0 and ½ in of the specified grades. The surface of the prepared Subgrade shall not deviate by more than 3/8 in from the bottom edge of a 10 foot straight edge laid in any direction. d. Locations of curbs, grade beams, utility structures, light standards, tree wells or any other protrusions as applicable to the project, and that project formed details are available for each. Contractor shall obtain any quality control testing or inspection not provided by the Owner that is necessary to satisfy the Contractor with the condition of the Subgrade prior to commencement of the work. This may include: a. Proof rolling of the subgrade to determine presence of soft spots or localized pockets of objectionable materials. b. Compaction testing. C. Where deficiencies or inconsistencies are identified, the Contractor shall notify the Owner’s Representative in writing. The Contractor will not proceed with the work until the Owner’s Representative has verified that the deficiencies or inconsistencies have been addressed. D. Beginning of Base Course installation means acceptance of Subgrade. Installation Base Course A. Install the Base Course at the thickness, compaction, surface tolerances, and elevations outlined in the drawings and specifications. 1. The aggregate should be spread and compacted in uniform layers not exceeding 6 inch loose thickness. 2. Density testing shall be conducted to verify conformance. 3. Surface tolerance should be plus or minus 3 /8 in. (10 mm) over a 10 ft. (3 m) straight edge laid in any direction. 4. Attention will be paid to providing proper compaction near curbs, grade beams, concrete collars around utility structures, lights standards, tree wells, building edges and other protrusions as applicable to the project. In areas not accessible to CNM – BUILDING “A” COURTYA RD RENOVATION 321400 - 5 INTERLOCKING CONCRETE PA VERS large compaction equipment, compact to specified density with mechanical tampers (jumping jacks). 5. C. 3.03 3.04 The upper surface of the base shall be sufficiently well graded and compacted to prevent infiltration of the bedding sand into the base both during construction and throughout its service life. Segregated areas of the granular base shall be blended by the application of crushed fines that have been watered and compacted into the surface. Before commencing the placing of the Bedding Course, the base shall be inspected by the Owner or the Consultant Installation Edge Restraints A. Adequate edge restraint shall be provided along the perimeter of all paving as specified. The face of the edge restraint, where it abuts pavers, shall be vertical. B. All concrete edge restraints shall be constructed to dimensions and level specified and shall be supported on a compacted Base not less than 6 inch thick. C. Concrete used for the construction of edge restraints shall be air-entrained and have a compressive strength as specified. All concrete shall be in accordance with ASTM C-94 requirements. Installation Bedding Course, Concrete Pavers and Joint Filling Sand A. Spread the Bedding Course evenly over the Base Course and screed to depth indicated on the Drawings. The screeded sand should not be disturbed. Place sufficient sand to stay ahead of the laid pavers. Do not use the bedding sand to fill depressions in the Base Course surface. B. The Contractor shall screed the Bedding Course using either an approved mechanical spreader (e.g.: an asphalt paver) or by the use of screed rails and boards. C. Ensure that Concrete Pavers are free of foreign material before installation. Concrete Pavers shall be inspected for color distribution and all chipped, damaged or discolored Concrete Pavers shall be replaced. Initiation of Concrete Paver placement shall be deemed to represent acceptance of the pavers. D. Lay the Concrete Pavers in the pattern(s) as shown on the drawings. Maintain straight pattern lines. E. Joints between the individual Concrete Pavers, and between Concrete Pavers and the Edge restraints, buildings, collars, or other protrusions/edging, on average shall be between 1 /16 in. and 3 /16 in. (2 mm to 5 mm) wide. F. Fill gaps at the edges of the paved area with cut pavers or edge units. Do not install cut pavers smaller than one-third of a whole paver along edges subject to vehicular traffic – trim two pavers to fit. CNM – BUILDING “A” COURTYA RD RENOVATION 321400 - 6 INTERLOCKING CONCRETE PA VERS 3.05 G. Cut all pavers using a masonry saw. Upon completion of cutting, the area must be swept clean of all debris to facilitate inspection and to ensure the Concrete Pavers are not damaged during compaction. H. Using a low amplitude plate compactor capable of at least 5,000 lbs. (22 kN) compaction at a frequency of 75 hz –100 hz, compact the Concrete Pavers into the Bedding Course. I. The pavers shall be compacted to achieve consolidation of the sand bedding and brought to level and profile by not less than three passes. Initial compaction should proceed as closely as possible following the installation of the paving units and prior to the acceptance of any traffic or application of sweeping sand. J. Any units that are structurally damaged during compaction shall be immediately removed and replaced. K. Sweep dry Joint Filling Sand into the joints and vibrate until they are full. This will require at least two or three passes with the compactor. Do not compact within 3 ft (1 m) of the unrestrained edges of the paving units. L. All work to within 3 ft (1 m) of the laying face must be left fully compacted with sandfilled joints at the end of each day. Cover the laying face with plastic sheets overnight if not closed with cut and compacted pavers. M. Sweep off excess sand when the job is complete. N. The final surface elevations shall not deviate more than 3 /8 in. (10 mm) under a 10 ft (3m) long straightedge. O. The surface elevation of pavers shall be 1 /8 to 1 /4 in. (3 to 6 mm) above adjacent drainage inlets, concrete collars or channels. FIELD QUALITY CONTROL A. Final elevations shall be checked for conformance to the drawings after removal of excess joint aggregate. END OF SECTION CNM – BUILDING “A” COURTYA RD RENOVATION 321400 - 7 INTERLOCKING CONCRETE PA VERS SECTION 321413 - PERMEABLE INTERLOCKING CONCRETE PAVERS PART I - GENERAL 1.01 SECTION INCLUDES A. B. C. D. 1.02 REFERENCES A. 1.03 Concrete pavers Bedding and void opening aggregates Aggregate Base Edge restraint American Society of Testing and Materials (ASTM) 1. C 33 Specification of Concrete Aggregates. 2. C 136 Method for Sieve Analysis for Fine and Course Aggregate. 3. C 140 Sampling and Testing Concrete Masonry Units. 4. C 144 Standard Specifications for Aggregate for Masonry Mortar. 5. C 936 Specifications for Solid Interlocking Concrete Paving Units. 6. C 979 Specifications for Pigments for Integrated Colored Concrete. 7. D 698 Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 5.5-lb (24.4 N) Rammer and 12 in. (305 mm) drop. 8. D1557 Test Method for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 10- lb (44.5 N) Rammer and 18 in. (457 mm) drop. 9. D 2940 Graded Aggregate Material for Bases or Subbases for Highway or Airports. 10. C 29 Bulk Density and Voids in Aggregate Materials. QUALITY ASSURANCE A. Installation shall be by a contractor and crew with at least one year of experience in placing interlocking concrete pavers on projects of similar nature or dollar costs. CNM – BUILDING “A” COURTYARD RENOVATION 321413 - 1 PERMEABLE INTERLOCKING CONCRETE PAVERS B. 1.04 1.05 1.06 1.07 The Contractor shall be in compliance with all local, state and federal licensing and bonding requirements. SUBMITTALS A. Shop or product drawings and product data shall be submitted. B. Full size samples of the permeable concrete paving units shall be available to indicate color and product shape. C. Sieve analysis for grading of bedding and joint opening aggregates shall be submitted. D. Testing from an independent testing laboratory for compliance of paving unit requirements to ASTM C 936 or other applicable requirements shall be made available. MOCK-UPS A. A 10 ft. x 10 ft. paver area shall be installed. B. This area will be used to determine joint sizes, lines, laying pattern(s), color(s), and texture of the project. C. This area shall be the standard from which all work will be judged. DELIVERY, STORAGE AND HANDLING A. Concrete pavers shall be delivered to the site in steel banded, plastic banded, or plastic wrapped cubes capable of transfer by fork lift or clamp lift. The pavers shall be unloaded in such a manner that no damage occurs to the product. B. Delivery and paving schedules shall be coordinated in order to minimize interference with normal use of buildings adjacent to paving. ENVIRONMENTAL CONDITIONS A. Do not install bedding aggregates or pavers during heavy rain or snowfall. B. Do not install bedding aggregates or pavers over frozen base materials. C. Do not install frozen bedding aggregates. PART 2 - MATERIALS 2.01 CONCRETE PAVERS A. Permeable concrete paving stone(s), shall be as indicated on the Drawings. B. Paving stone units shall meet the minimum material and physical properties set forth in ASTM C 936, Standard Specification for Interlocking Concrete Paving Units. C. Efflorescence shall not be a cause for rejection. CNM – BUILDING “A” COURTYARD RENOVATION 321413 - 2 PERMEABLE INTERLOCKING CONCRETE PAVERS D. 2.02 Pigment in concrete pavers shall conform to ASTM C 979. ACI Report No. 212.3R provides guidance on the use of pigments. GRANULAR SUBBASE The granular subbase material shall consist of granular material graded in accordance with ASTM D 2940, the subbase thickness and specific aggregate gradation shall be as indicated on the Drawings. 2.03 GRANULAR BASE The granular base material shall be graded in accordance with the requirements of ASTM D 2940, the granular base thickness and specific aggregate gradation shall be as indicated on the Drawings. 2.04 BEDDING AND VOID OPENING AGGREGATES The granular bedding material shall be graded in accordance with the requirements of ASTM D 2940, the bedding thickness and specific gradation shall be as indicated on the Drawings. 2.05 EDGE RESTRAINTS Edge restraints shall be as indicated on the Drawings. The pavers must abut tightly against the restraints to prevent rotation under load and any consequent spreading of joints. The restraints must be sufficiently stable that, in addition to providing suitable edge support for the paver units, they are able to withstand the impact of vehicular traffic and/or snow removal equipment. PART 3 - EXECUTION 3.01 SITE PREPARATION A. The site must be stripped of all topsoil and other objectionable materials to the grades specified. B. All subdrainage of underground services within the pavement area must be completed in conjunction with subgrade preparation and before the commencement of subbase construction. C. After trimming to the grades specified, the pavement is to be proof rolled to a percentage of Standard Proctor Maximum Dry Density as specified by the Owner’s Representative with soft spots or localized pockets of objectionable material excavated and properly replaced with approved granular material. D. The subgrade shall be trimmed to within 0 to 1/2 in. of the specified grades. The surface of the prepared subgrade shall not deviate by more than 1/2 in. from the bottom edge 10 ft. straight edge laid in any direction. CNM – BUILDING “A” COURTYARD RENOVATION 321413 - 3 PERMEABLE INTERLOCKING CONCRETE PAVERS 3.03 3.04 E. The Contractor shall insure that the prepared subgrade is protected from damage from intrusion of surface water. No traffic shall be allowed to cross the prepared subgrade. Repair of any damage resulting shall be the responsibility of the Contractor and shall be repaired. F. Under no circumstances shall further pavement construction proceed until the subgrade has been inspected by the Owner’s Representative. GRANULAR SUBBASE AND BASE INSTALLATION A. After proper construction of the edge restraints for the interlocking pavement, and upon approval by the Owner’s Representative, aggregate subbase and base shall be placed in uniform lifts not exceeding 6 in loose thickness and roller compacted according to AASHTO guidelines for installing open graded aggregates. B. The subbase shall be placed in uniform lifts not exceeding 6 inch loose thickness and roller compacted according to AASHTO guidelines for installing open graded aggregates. C. The granular base, as an example: shall be trimmed to within 0 to 3/8 in. of the specified grade. The surface of the prepared base shall not deviate more than 3/8 in. from the bottom edge of a 10 ft. straight edge laid in any direction. The final decision of the allowable base deviation shall be determined by the Owner’s Representative. D. Before commencing the placing of bedding aggregate course and the placement of the Permeable concrete pavers, the base shall be inspected by the Owner, Agent or the Consultant. PAVER INSTALLATION A. Spread the bedding aggregate evenly over the base course and screed. Use tracked equipment only and insure that the bedding aggregate are not to be disturbed. Place sufficient bedding aggregate to stay ahead of the laid pavers. Do not use the bedding aggregate to fill depressions in the base surface. B. Pavers shall be free of foreign material before installation. C. Pavers shall be inspected for color distribution and all chipped, damaged or discolored pavers shall be replaced. D. The pavers shall be laid in pattern(s) as shown on the drawings. E. Joints between the pavers shall be maintained according to the spacer bars. F. Gaps at the edges of the paved area shall be filled with cut pavers. G. Pavers to be placed along the edge shall be cut with a double blade paver splitter of masonry saw. H. The paver surface shall be swept clean of all debris before compacting, in order to avoid damage from point loads. CNM – BUILDING “A” COURTYARD RENOVATION 321413 - 4 PERMEABLE INTERLOCKING CONCRETE PAVERS I. A low amplitude, high frequency plate compactor shall be used to compact the pavers into the bedding course. Use Table 1 below to select size of compaction equipment: TABLE 1 PAVER THICKNESS AND REQUIRED MINIMUM COMPACTIVE FORCE 3.06 PAVER THICKNESS COMPACTIVE FORCE 3 .1496 in. (80 mm) 5000 lbs (22kN) J. The pavers shall be compacted and joint aggregate swept into the joints until the joints are full. This will require a least two or three passes with the compactor. Do not compact within 3 ft. of any unrestrained edges of the laid paving units. K. All work to within 3 ft. of the laying face must be fully compacted and filled with joint aggregate at the completion of each day. L. Excess joint aggregates shall be swept off when the job is complete. M. The final surface elevations shall not deviate more than 3/8 in. under a 10 ft straight edge or at a tolerance that the Owner’s Representative specifies. FIELD QUALITY CONTROL A. Final elevations shall be checked for conformance to the drawings after removal of excess joint aggregate. END OF SECTION CNM – BUILDING “A” COURTYARD RENOVATION 321413 - 5 PERMEABLE INTERLOCKING CONCRETE PAVERS SECTION 328400 - LANDSCAPE IRRIGATION SYSTEM PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. 1.02 SITE INVESTIGATION A. 1.03 All work and materials shall be in full accordance with the latest local rules and regulations of safety. PROTECTION A. 1.05 The Contractor shall examine related work and surfaces before starting the work of this section. The Contractor shall report to the Owner’s Representative, in writing, conditions which will prevent the proper execution of irrigation installation. Deviations from plans and specifications shall be executed only with the express permission of the Owner’s Representative and at no cost to the Owner. If obvious inadequacies or inappropriate design are found on the drawings, they shall be promptly brought to the attention of the Owner’s Representative in writing before proceeding with installation of the system. CODES, RULES AND SAFETY ORDERS A. 1.04 The work consists of installing a complete underground irrigation system as shown on the Drawings and as specified hereafter. The Contractor performing this work shall furnish all labor, equipment, materials and permits necessary for the completion of the system, except those specified to be furnished by others. Unless otherwise specified or indicated on the Drawings, the construction of the irrigation system shall include the furnishing, installing and testing of all pipe, fittings, valves, heads, controllers, wires, air release valves, backflow preventers, drain valves, valve boxes, and all other components pertinent to the plans and specifications of this system. The Contractor shall perform all trenching, excavating, boring, backfilling, compacting, concrete pouring, electrical work, welding, and any other work necessary for the completion of the project. The Contractor shall furnish and maintain all warning signs, shoring, barricades, red lanterns, etc., as required by the Safety Orders of the Division of Industrial Safety and local ordinances. DEVIATIONS OF LAYOUT A. Reasonable changes in the location of piping and irrigation or other valves shown on the Drawings will be considered prior to installation. Deviations from specified locations must be approved by the Owner’s Representative prior to installation. Any changes in location of irrigation components shall be effected at no cost to the Owner. CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 1 IRRIGATION SYSTEM 1.06 COORDINATION A. 1.07 The Contractor shall coordinate and cooperate with other contractors on site to ensure rapid and efficient completion of all contracted work. SUBMITTALS A. Prepare and make five sets of submittals providing manufacturer’s specifications and “cut sheets” on the following components: Manual and automatic valves Heads Valve boxes Controller Wire splicing materials Backflow preventer PVC fittings Enclosures Joint materials HDPE fittings Other components as specified on the Drawings 1.08 1.09 Drains 24 Volt wire Pipe Line location tape HDPE pipe B. Each set of submittals shall be bound in a hard back three ring binder, and shall be clearly labeled with the project name and date. C. The Contractor shall not proceed with the irrigation system work until receiving approval of the irrigation submittals from the Owner’s Representative. RECORD DRAWINGS A. The Contractor shall provide and keep up to date a complete set of “record drawings” which shall be corrected daily to show all changes in the location of heads, controllers, backflow preventers, valves, drains, points of connection, pull boxes and wire splice boxes, pipe and wire routing and other changes that may have been made from the original drawings and specifications. All gate valves, drains, wire splice and automatic and manual valve locations shall be shown with actual measurements to reference points so they may be easily located in the field. B. At the time of final acceptance, the Contractor shall furnish a set of reproducible “record drawings” prepared by a qualified draftsperson showing the entire completed system as actually installed. This is the responsibility of the Contractor and shall not be construed to be the responsibility of any other party. This drawing shall be accurate and to scale. The symbols for valves, heads, and piping, etc. shall be the same as originally shown on the Drawings. The legend shall be modified to designate any “record” changes. This “record drawing” shall be drawn on a project base sheet provided by the Owner’s Representative. The final drawings shall be dated and clearly labeled “RECORD DRAWING”. CONTROLLER CHART A. The Contractor shall provide one controller chart showing the area covered by the controller for each automatic valve. Chart shall be a reduced drawing of the actual “Record Drawing” system. The size of the chart shall be the maximum size that the CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 2 IRRIGATION SYSTEM controller door will allow. If controller sequence is not legible when the drawing is reduced, drawing shall be enlarged to a size that is readable. B. Chart shall be a blackline print with a different color used to show area of coverage for each valve system. When completed and approved, chart shall be hermetically sealed between two pieces of plastic, each piece being a minimum 20 mils thick. Chart shall be completed and approved prior to final inspection and acceptance of the irrigation system. PART 2 - PRODUCTS 2.01 2.02 MATERIALS A. All materials shall be new and without flaws or defects of any type and shall be the best of their class and kind. All materials shall have a minimum guarantee of one year against material defects or defective workmanship. B. All material shall be the brands and types noted on the Drawings or as specified herein, or approved equal (refer to Section 6.7 of the New Mexico Standard Specifications for Public Works Construction, 1979 Edition). C. The irrigation system was designed around equipment manufactured by specific companies as a standard. Approved equal equipment by other manufacturers may be used only with the approval of the Owner’s Representative. Request for approval of nonspecified materials shall be submitted to the Owner’s Representative a minimum of seven (7) days prior to the opening of bids. Submission of irrigation sprinkler heads for approval as equal shall only be considered if submitted heads match the precipitation rate, gallons per minute and spacing of specified sprinkler heads. COPPER TUBE AND FITTINGS A. Hard Copper Tube: ASTM B 88M, Type B, water tube, drawn temper. 1. 2.03 Copper Fittings: ASME B16.18, cast-copper-alloy or ASME B16.22, wroughtcopper, solder-joint pressure type. Furnish only wrought-copper fittings if indicated. B. Bronze Flanges: ASME B16.24, Class 150, with solder-joint end. Furnish Class 300 flanges if required to match piping. C. Copper Unions: MSS SP-123, cast-copper-alloy, hexagonal-stock body with ball-andsocket, metal-to-metal seating surfaces, and solder-joint or threaded ends. PLASTIC PIPE AND FITTINGS A. Plastic Pipe: All mainline pipe, from the point of connection to the zone valve, with a diameter of two inches (2”) or less shall be Schedule 40 PVC and shall conform to ASTM D 1785; mainline pipe with a diameter of two and one-half inches (2-1/2”) or greater shall be Class 200 “O” ring gasket pipe, SDR 21; lateral line piping downstream of the zone valves which is 2-1/2” in diameter and greater shall be Class 200 SDR 21 and CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 3 IRRIGATION SYSTEM shall conform to ASTM D 2241. Lateral line piping downstream of the zone valves which is two inches (2”) in diameter or less shall be Schedule 40 PVC, unless otherwise noted on the Drawings, and shall conform to ASTM D 1785. Solvent shall meet ASTM L 2774 and D 2855 requirements. All PVC pipe shall be continuously marked with identification of the manufacturer, type, class, and size, and shall be free of holes, foreign material, blisters, wrinkles, dents or sunburn. 2.04 2.05 B. Location Tape: Irrigation line location tape shall be THOR Enterprises irrigation line marking tape or approved equal. C. PVC Fittings: Fittings on PVC lines shall be Schedule 40 PVC, Type 1, Cell Classification 13454-B, and shall comply with ASTM D 2466. D. Threaded Nipples: All threaded PVC nipples shall be Schedule 80 Molded PVC pipe. All galvanized nipples shall be Schedule 40 galvanized steel pipe. VALVES AND VALVE BOXES A. Valves: Valves for use in electrically controlled automatic control systems shall be diaphragm actuated and hydraulically operated solenoid valves as specified on the Drawings. B. Valve Boxes: Valve boxes shall be as noted on the Drawings. HEADS A. 2.06 CONTROLLER A. 2.07 Controller shall be as specified on the Drawings. BACKFLOW PREVENTER A. 2.08 Heads shall be as specified and installed as shown on the Drawings. The backflow prevention device shall be as specified on the Drawings. CEMENTS, CLEANERS/PRIMERS AND JOINT COMPOUNDS A. Cement shall be #2200 series Uni-Weld or Rectorseal Cold low temperature plastic pipe cement for use on all sizes and schedules of PVC pipe and fittings or approved equal. Cement shall be NSSF approved and meet ASTM D 2564 requirements. B. Cleaner/primer shall be #8700 United Elchem hi-etch cleaner/primer or approved equal. Cement shall meet ASTM F-656 requirements. C. All threaded connections between metal to metal, PVC to metal and PVC to PVC shall be made using RECTORSEAL #5 slow dry, soft set, thread sealing compound. Thread sealing compound shall not be used on threaded connections between sprinkler and nipple or bubbler and nipple. CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 4 IRRIGATION SYSTEM D. 2.09 2.10 All “O” ring gasket and pipe spigot ends shall be lubricated using the lubricant recommended or supplied by the pipe manufacturer. If the pipe manufacturer does not provide a lubricant for the pipe, use IPS Weld-on #787 gasket lube as manufactured by Industrial Polychemical Service. WIRE A. Wire for the 120 volt wiring shall be solid copper (or stranded copper in larger wire sizes), underground feeder for direct burial and PVC insulated. Size of wire shall be #12 AWG. B. Wire for the 24 volt wiring shall be solid copper wire, PVC insulated, UL approved underground feeder wire for direct burial in ground. Common wires shall be #12, white, except as noted on Drawings. The wire shall be supplied in either 500’ or 2,500’ rolls. The control wires shall be #14 of any color other than white unless otherwise indicated on Drawings. C. Wire Splicing Materials: All wire splices shall be made water-tight using 3M Scotchlok Connectors or approved equal. D. Grounding wire, ground rods and wire clamps for controllers shall be as specified by the controller manufacturer. OTHER MISCELLANEOUS FITTINGS AND MATERIALS A. All other miscellaneous fittings and materials shall be as specified on the Drawings. PART 3 - EXECUTION 3.01 GENERAL A. 3.02 PRODUCT HANDLING A. 3.03 This section includes installation specifications for all items installed as a part of the irrigation system. Certain construction procedures or minor equipment installation procedures may have been omitted from these specifications that are necessary for the proper installation of the system. In any case, all materials and equipment shall be installed in a neat and workman like manner according to manufacturer's recommendations and specifications, local and state codes, as shown on the Drawings and as specified herein. The Contractor shall be responsible for correct procedures in loading, unloading, staking, transporting and handling all materials to be used in the system. The Contractor shall avoid rough handling which could affect the useful life of equipment. Pipe shall be handled in accordance with the manufacturer's recommendations on loading, unloading and storage. POINT OF CONNECTION CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 5 IRRIGATION SYSTEM A. 3.04 B. The proposed controller location indicated on the plans is approximate. Actual location of the controller shall be field verified by the Contractor. C. Where connections to existing stubouts are required, the Contractor shall make necessary adjustments should stubs not be located exactly as shown, at no additional cost to the Owner. STATIC PRESSURE TEST A. 3.05 3.06 Existing water main line locations shown on the Drawings are schematic. It shall be the Contractor’s responsibility to pot hole and field check to determine actual locations as an incidental requisite to the construction contract. The design pressure of the irrigation system is shown on the Drawings. Prior to start of construction of the irrigation system, the Contractor shall, in the presence of the Owner’s Representative, provide a gauged test of available static pressure at the point of connection. In the event that the actual static pressure is less than the design static pressure, the Contractor shall not proceed with the work until receiving written direction from the Owner’s Representative. EXCAVATION AND TRENCHING A. The Contractor shall stake out the location of each run of pipe and all heads and valves prior to trenching. Each run of the system shall be approved by the Owner’s Representative before actual installation is started. B. Excavation and trenching for pipe lines shall be a true and straight line with the trench banks as nearly vertical as practical. The width of the trenches shall not be greater than necessary to permit proper joining, tamping, backfilling, bedding or any other installation procedures that may be necessary. Trench widths shall be wide enough to provide minimum horizontal and vertical separation of 4" between pipes in the same trench. C. In areas where trees are present, trench lines shall be adjusted on the site to eliminate any damage to tree roots. D. Trench depths shall be sufficient to provide the specified pipe cover as described elsewhere in these specifications or as noted on the Drawings. In rocky areas the trenching depth shall be 6" below normal trench depth to allow for pipe bedding as described in other portions of these specifications. E. Depth of Bury: Minimum cover over mainline and lateral piping shall be as noted on the Drawings. PIPE AND FITTINGS INSTALLATION A. Installation of plastic pipe and fittings shall be in accordance with the manufacturer’s recommendations and procedures and as mentioned in the specifications. Manufacturer’s recommended procedures for making solvent weld fittings shall be strictly adhered to. CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 6 IRRIGATION SYSTEM Only solvent cements, cleaners, and primers or lubricants recommended or supplied by the pipe manufacturer shall be used. B. Caution shall be exercised by the Contractor in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be stored and transported in a vehicle with a bed long enough to allow the pipe to lie flat without subjecting it to undue bending or concentrated external load at any point. Pipe shall be protected from damage by exposure to sunlight. Any section of pipe that has been dented or damaged or in any other way found to be defective, either before or after laying shall be replaced with sound pipe without additional expense to the Owner. C. Before installation, the inside of the pipe shall be cleaned of all dirt and foreign matter and shall be kept in a clean condition during and after laying of pipe. When work is not in progress, open ends of pipe and fittings shall be secured closed so that no trench water, earth or other foreign substances will enter the pipe or fittings. Where pipe ends are left for future expansion or connections, they shall be valved and capped as directed on the Drawings. D. All PVC pipe and fittings shall be assembled to permit the pipe or fittings to be jointed at the true parallel position of the fittings. Placement of pipe in curving trenches which cause excessive bending and stress on pipe and fittings will not be permitted. No excess piping or fittings shall be permitted in the installation of the system, which may increase pressure loss or potential blockage. E. Before installing the pipe, all rubbish and large rocks shall be removed from the trenches. If the soil is rocky, the trenches shall be bedded with dirt or sand as outlined in other portions of these specifications. Material used for pipe bedding shall be approved by the Owner’s Representative. The full length of each section of the pipe shall rest solidly upon the pipe bed, with recesses excavated to accommodate bells, joints and couplings. F. Pipe shall not be laid in water or when trench or weather conditions are unsuitable for the work. Any water which may be encountered or may accumulate in the trenches or excavation shall be pumped out or otherwise removed as necessary to keep the bottom of the trench or excavation free and clear of water during the progress of the work. Pipe shall not be laid when the temperature is 32 degrees F or below. G. PVC pipe will expand or contract at the rate of 1 inch per 100 linear feet per 10 degrees F change of temperature. Therefore, the pipe shall be installed in a manner so as to provide for expansion and contraction as recommended by the manufacturer. H. The minimum horizontal and vertical clearance between lines in the same trench shall be 4". I. After all piping, risers, valves, thrust blocks, etc., have been installed and partially backfilled as specified in other parts of these specifications, the control valve shall be opened and a full head of water used to flush out the system. After the system is thoroughly flushed, risers shall be capped off and the system pressure tested in accordance with the testing section of these specifications. At the conclusion of the pressure test, the heads shall be installed and the backfill operation completed. CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 7 IRRIGATION SYSTEM 3.07 3.08 SOLVENT WELDING PROCEDURE A. PVC plastic pipe shall be squarely cut utilizing a hacksaw with a blade of 18 or 24 teeth per inch. B. Burrs left from cutting shall be wiped off with a clean dry cloth. C. Utilizing a cleaner/primer, thoroughly clean the mating pipe end and the fitting socket with a clean, dry cloth. D. Apply a uniform coat of solvent cement to the outside of the pipe end with a nonsynthetic brush or dauber. E. In like manner, apply a thin coating of solvent cement to the inside of the fitting socket. F. Re-apply a light coat of solvent cement to the pipe end and quickly insert it into the fitting to the full depth of the fitting socket. G. Rotate the pipe or fitting approximately ¼ turn to insure even distribution of the solvent cement. H. Hold in position for approximately 30 seconds. I. Wipe off any excess solvent cement that forms as a bead around the outer shoulder. J. Care shall be taken so as not to use an excess amount of solvent cement that could cause burrs or obstructions to form on the inside of the pipe joint. K. Solvent weld joints shall be allowed to cure for minimum 24 hours before pressure is applied to the system. BACKFILLING A. Upon completion of a particular section of the irrigation system, and after sufficient time has elapsed for the curing of solvent weld joints, partial backfilling shall begin, leaving all joints, risers and connections exposed for visual inspection during the hydrostatic testing. Only upon successful completion of the hydrostatic test shall the backfill operation be completed for any one particular section. B. All backfill material shall be subject to approval by the Owner’s Representative. Backfill material shall be free from rock, large stones, brush, sod, frozen material or other unsuitable substances that may damage pipe during the backfilling operations. C. In the event that the material from the excavation or trenching is found to be unsuitable for use in backfill by the Owner’s Representative, it shall be removed from the site and properly disposed of by the Contractor and at his own expense. The Contractor shall CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 8 IRRIGATION SYSTEM then, at no additional cost to the Owner, arrange for, purchase, and furnish suitable backfill material consisting of earth, loam, sandy clay, sand or other approved materials free of large clods of earth or sharp stones and capable of attaining the same relative density of the surrounding ground. 3.09 D. In rocky areas, the trench depth shall be 6” below the normal trench depth to allow for 6” of suitable backfill as padding for the pipe. In like manner, there shall be at least 6” of padding on all sides of the pipe as a padding against the rock wall of the trench. E. All mainline and lateral piping shall have irrigation line location tape installed in the trench six (6”) inches above the pipe. F. Backfill shall be placed in horizontal layers not exceeding 6” in depth and shall be thoroughly tamped, or water compacted to near original density or so that no settling will result. Backfill shall be placed to the original ground level. If settlement of trenches occurs within one (1) year from date of completion, it shall be the Contractor's responsibility to refill trenches and re-seed or sod the repaired areas. G. After pipe is placed in trench and the first 6" layer of backfill is placed and compacted, the irrigation line marking tape shall be placed continuously in all trenches prior to completion of backfill operations. SADDLE TAPS A. 3.10 THRUST BLOCKS A. 3.11 Concrete thrust block shall be provided where necessary to resist system pressure. Thrust blocks shall be constructed at all direction changes, size changes, valves and terminations or at any other points of the system that will result in an unbalanced thrust line for equipment 2-1/2” and larger. Thrust blocks shall not obstruct the outlets of fittings which are intended for future connections. Thrust blocks shall be poured against undisturbed earth and in accordance with the Drawings. SLEEVED CROSSING A. 3.12 No saddle taps shall be permitted unless approved by the Owner’s Representative. Unless otherwise noted on plans, all piping installed under sidewalks, roadways, parking lots, etc., shall be sleeved in a Class 200 PVC pipe two (2) sizes larger than the pipe to be sleeved. Wire shall be placed in a separate sleeve from that of the pipe crossing and shall be 2" Class 200 PVC. Ends of sleeves shall be sealed with duct tape after installation of wire or piping. HEAD INSTALLATION A. Heads shall be of the type and make specified and shall be installed as shown on the Drawings. Spray and rotor heads shall be installed with a 4" space between the edge of the head and curbs, walls, driveways, building walls, etc. Heads shall be installed in the vertical position and backfilled and compacted to 80% modified Proctor. CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 9 IRRIGATION SYSTEM 3.13 3.14 3.15 B. Head spacing shall not exceed the spacing shown on the Drawings and shall be in the location and configuration as shown on the Drawings. Contractor shall verify turf area dimension while staking head location. Heads shall be spaced to achieve uniform coverage. C. After all piping and risers are in place and connected and before installation of the heads, all control valves for a given section shall be fully opened and a full head of water shall be used to flush out the system. If water pressure without the heads installed is not sufficient to provide adequate water flow from end risers, the Contractor shall cap off enough heads closest to the water source to provide adequate flushing of the end riser assemblies. CONTROLLER INSTALLATION A. The controller location is indicated on the Drawings. The Contractor shall familiarize himself with the requirements of making the power connections at the locations noted (120 volt supply to the controller) and shall include in his lump sum price for the irrigation system, the cost to complete this portion of the work. B. The controller shall be mounted and wired according to the manufacturer's recommended procedures and as specified herein and on the Drawings. C. For controllers installed inside of vaults or other enclosures, the Contractor shall provide and install in the controller an electrical pigtail outlet and a Tass and Seymour pilot switch and receptacle 15AC1-RPL. D. When controllers are mounted outside of any building, vault or enclosure, the Contractor shall direct wire the 120 volt power supply to the controller. E. Remote control valves shall be connected to controller in the numerical sequences as shown on the Drawings or as directed by the Owner’s Representative. F. Controllers shall be grounded as specified by the manufacturer. AUTOMATIC CONTROL VALVE INSTALLATION A. Automatic control valves shall be of the type and size as indicated on the Drawings. Installation shall be according to these specifications, the Drawings and the manufacturer's recommendations. B. The valve boxes shall be of the size and type as shown in the detail Drawings. C. Valve wire splices shall be waterproofed using 3M Scotchlok connectors and the Contractor shall provide a 36" wire expansion coil to facilitate raising splices to ground level without cutting wires. 24 VOLT CONTROL VALVE WIRING CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 10 IRRIGATION SYSTEM 3.16 3.17 A. Wire installation procedures as described herein shall be checked to conform to local codes. B. The Contractor shall install the 24 volt control valve wiring in the same trench as the irrigation mainline. Only when it is not possible for the wires to be installed in the mainline trench, they shall be installed in the lateral pipe trench. All wires shall be laid below the pipe. In no case shall the wire be laid on top of the pipe. The wires shall be laid loose in the trench and taped together at 10'-0" intervals. When trenches used for piping are not appropriate for routing wire, Contractor shall install wire in a separate trench, 18" deep. C. Wire splices, other than at valve box locations, shall be kept to a minimum and if needed shall be made only at common splice points and placed in a wire splice box as shown on the Drawings. Wire splices shall be waterproofed using 3M Scotchlok connectors. D. At control wire splices, the Contractor shall provide a 36" wire expansion coil to facilitate raising splices to ground level without cutting wires. E. Continual wire shall be one color and in no case shall wires of different colors be spliced together. F. All 24 volt wiring shall be installed in PVC conduit when inside a building. All 24 volt wiring installed on exterior building walls shall be installed in metal conduit. 120 VOLT CONTROLLER POWER WIRING A. The Contractor shall familiarize himself with the work required to complete this portion of the installation. All 120 volt wiring shall be installed in accordance with local electrical codes. The 120 volt service shall consist of one (1) black and one (1) white wire. The neutral wire shall be bonded. B. 120 volt power shall be supplied to the Controller location by a licensed electrician. MANUAL DRAIN VALVES A. 3.18 Manual drain valves shall be of the size and type as indicated and at the locations as shown on the Drawings. TESTING A. Upon completion of the irrigation system's mainline, the entire mainline shall be tested with the Owner’s Representative present, for a one hour period at 100 psi, unless otherwise noted. Prior to testing, the mainline shall be partially backfilled, leaving all joints and connections exposed for visual inspection. All dirt shall be flushed from the system and the line filled with water to remove air. The mainline shall be brought to static pressure. A pressure gauge and temporary valve shall be installed at the end of the mainline to permit air pressure to be applied to the main. A pressure of 100 psi must be retained for a one hour period. Any leaks resulting in the one hour pressure test shall be repaired and the system retested until the system passes the test. CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 11 IRRIGATION SYSTEM 3.19 B. Upon completion of the lateral piping sections, each lateral system shall be pressure tested, with the Owner’s Representative present for one hour at 100 psi. On systems using flex nipples, or swing joints, the lateral system shall be tested prior to installation of the flex nipples or swing joints. Prior to testing the lateral lines shall be partially backfilled leaving all joints and connections exposed for visual inspection. All air and dirt shall be flushed from the system and all open fittings shall be capped. The testing procedure shall be the same as used for the main line. If after one hour 100 psi pressure has been retained, the heads shall be installed, and the backfill operation completed. Any leaks resulting from the hydrostatic test shall be repaired and the system retested until the system passes the test. C. The Contractor shall be responsible for payment of construction observations for retesting of any lines or system components that fail initial pressure or performance test. Costs shall include the time of the observer at the observer’s standard rate, travel time and travel expenses. ADJUSTING OF SYSTEM A. 3.20 CLEAN UP A. 3.21 The Contractor shall continuously keep a neat and orderly area in which he is installing the system. Disposal of rubbish and waste material resulting from the installation shall be continual. Upon completion of the system, the Contractor shall remove from the Owner's property at his own expense, all temporary structures, rubbish waste material, tools and equipment resulting from or used in the installation of the system. PROTECTION OF EXISTING UTILITIES A. 3.22 After completion of testing and installation, the Contractor shall adjust all valves for the proper operating pressure and adjust all heads for uniform coverage and even flow. Contractor shall wire the controller (valve/station) as directed by the Owner’s Representative. The valve number shall be indicated on the controller panel for each station. Contractor shall program the controller to provide optimum system performance. The Contractor shall be responsible for locating all cables, conduits, piping, and any other utilities or structures that may be encountered either above or below ground. All necessary precautions shall be taken by the Contractor to prevent any damage to the existing utilities and improvements. In the event that such damage should occur from his operations, the Contractor shall repair or replace damaged utilities to their original condition at no additional expense to the Owner. ROCK A. If the Contractor encounters rock or other unfavorable trenching conditions, no additional compensation will be paid. When material from the excavation or trenching is unsuitable for use as backfill, additional backfill material suitable for this purpose shall be brought in at the expenses of the Contractor. It shall be the Contractor's responsibility to remove CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 12 IRRIGATION SYSTEM and dispose of all unsuitable materials removed from the trench that cannot be used in the backfill operation. 3.23 3.24 FINAL ACCEPTANCE A. When the Contractor is satisfied that the system is operating properly, that it is balanced and adjusted, that all work and clean-up is completed he shall issue notice of completion to the Owner’s Representative requesting a final observation. The Owner’s Representative will respond to the notice of completion by the Contractor and shall appear with the Owner for an observation of the project. At that time the Contractor shall demonstrate the operation of each system in its entirety. In reviewing the work, no allowance for deviation from the original Drawings and Specifications will be made unless prior approval has been obtained. B. Any inconsistency to the Specifications or the Drawings shall be noted by the Owner’s Representative and a written copy of required corrections shall be given to the Contractor. OPERATIONAL INSTRUCTION A. After the system has been tested and accepted, the Contractor shall instruct the Owner’s Representative in the operation and maintenance of the system. B. The Contractor shall provide the Owner with two (2) keys for the following: 1. 2. 3. 4. 5. 6. 7. C. 3.25 Manual Gate Valves. Manual Drain Valves. Quick Coupling Valves Valve Boxes. Valve Markers. Controller Enclosure. Any locking assembly in need of key access. The Contractor shall provide the Owner with two copies of a Maintenance Manual bound in a three ring binder. The maintenance manual shall include copies of the approved submittals, controller operations manuals and manufacturer’s warranties on all irrigation products. SYSTEM MAINTENANCE AND GUARANTEE A. Maintenance of the irrigation system shall begin immediately following the installation of the system and shall continue until the entire project is accepted. Maintenance shall include repair of defects or damages, adjustments and fine tuning of the system, and repairs of damages resulting from vandalism, erosion, weather, and the like. B. For a period of one (1) year from final acceptance of the system, the Contractor shall promptly furnish and install, without cost to Owner, any and all parts or materials which prove defective in material or workmanship. Damage property due to irrigation system line breaks shall be repaired and brought to original condition by the Contractor at no CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 13 IRRIGATION SYSTEM expense to the Owner. C. In the fall, at the Owner's request, the Contractor shall drain the system, and otherwise prepare the system for winter. In the spring, at the Owner's request, the Contractor will reactivate the system, repair any defects or damage and adjust the system. As these services are performed, the Contractor shall instruct the Owner. D. For a period of one (1) year from final acceptance of the system, the Contractor shall repair any settlement of trenches by one of the following methods as directed by the Owner’s Representative. 1. 2. 3. 4. 3.26 Sodded Areas: Bring to grade by top-dressing (raking topsoil into the grass). Sodded Areas: Bring to grade with topsoil and seed. Sodded Areas and Landscape Beds: Remove existing sod or mulch, fill depression with topsoil, and replace with new sod or mulch to match existing. Repair by any of the above methods shall result in a smooth, level area. Maintenance of repaired areas shall be the responsibility of the Owner. OBSERVATIONS A. The following observations shall be the minimum required observations during the course of construction. Additional observations shall be made at any time at the discretion of the Owner’s Representative. It shall be the responsibility of the Contractor to notify the Owner’s Representative, in writing, 48 hours in advance of each required observation. The sequence of required observations shall not be changed from the sequence listed below. The Contractor shall not proceed with work of the next sequence without written approval of the work of the previous sequence. The Contractor shall attach a copy of the written observation approvals to all applications for payment. 1. 2. 3. 4. 5. 6. 7. 8. Observe staked locations of mainline, valves, laterals and heads. Observe and pressure test mainline installation prior to installation of lateral lines. Observe 24 volt control wire installation and ensure that existing controller operates new valve zones properly. Observe and pressure test automatic valves and lateral irrigation installation. Observe head placement, coverage and operating pressure prior to planting. Observe at final project review. Observe completion of punch list. Observe 12 months after final completion. END OF SECTION 328400 CNM – BUILDING “A” COURTYARD RENOVATION 328400 - 14 IRRIGATION SYSTEM SECTION 329300 - LANDSCAPE PLANTING PART 1 - GENERAL 1.01 SUMMARY A. 1.02 PLANT NAMES A. 1.03 The botanic and common names used for the plants called for on the Drawings are generally in conformity with the approved names given in Standardized Plant Names, 1980 Edition, published by The American Joint Committee on Horticultural Nomenclature. The names of varieties not included therein are generally in conformity with the names accepted in the nursery trade. PLANT MATERIAL SUBSTITUTIONS A. 1.04 Work under this section consists of the planting of trees, shrubs, and ground covers, including the furnishing of all labor, equipment, and materials and performing all work in connection there with in accordance with the Drawings and Specifications. Plant material substitutions shall not be made without the written permission of the Owner’s Representative. The use of materials differing in kind, quality or size from that specified shall be allowed only after the Owner’s Representative is convinced that all means of obtaining the specified materials have been exhausted. At the time bids are submitted, the Contractor is assumed to have located the materials necessary to complete the job as specified. All requests for substitutions shall be submitted no later than five (5) working days prior to the opening of bids. SUBMITTALS A. Furnish samples of the following prior to construction: 1. 2. 3. B. Furnish supplier literature and chemical analysis of the following prior to construction: 1. 2. C. Backfill amendment Soil conditioner Mulch Backfill amendment Soil conditioner Furnish the following the same day materials are delivered to the project site: 1. Delivery tickets indicating quantity of material delivered for: a. Backfill amendment b. Soil conditioner CNM - BUILDING “A” COURTYARD RENOVATION 329300-1 LANDSCAPE PLANTING PART 2 - MATERIALS 2.01 PLANT MATERIALS A. 2.02 A complete plant list, including quantities, sizes and other requirements is shown on the Drawings. In the event that discrepancies occur between quantities of plants indicated in the plant list and on the planting plan, the plant quantities indicated on the planting plan shall govern. PLANT MATERIAL QUALITY A. Plant material quality, size and condition shall be in accordance with American Standard for Nursery Stock, 1986, as published by the Committee on Horticultural Standards of the American Association of Nurserymen, Inc., the Drawings, and the following requirements: 1. All plants shall be typical of their species or variety. All plants shall have normal, well developed branches and vigorous root systems. They shall be sound, healthy, vigorous, free from defects, disfiguring knots, abrasions of the bark, sunscale injuries, plant diseases, insect eggs, borers, and all other forms of infections. 2. Unless otherwise stated on the Drawings or approved by the Owner’s Representative, all plants shall be nursery grown and shall be tagged with nursery labels indicating species and variety. 3. Container grown plant material shall have been grown in its delivery container for not less than six (6) months, but for not more than two (2) years. Any root bound material will not be accepted. 4. Multi-stem: All countable stems, in aggregate, shall average the size specified. To be considered a stem, the division of the trunk shall be no more than six inches from ground level. 5. Balled and burlapped plant material shall have a solid ball of earth of minimum specified size held in place securely by burlap and stout twine or rope. Light poultry binding is acceptable; stout wire or wire baskets are acceptable only as a temporary means for securing burlap until tree is in place. Broken or loose balls will be rejected. 6. Unless specifically noted on the Drawings, all trees shall have a single trunk that is straight and free of “dog legs”, “crooks”, “Y-crotches”, or other disfiguring shapes. The central leader of all trees shall not have been pruned. Trees with double leaders are not acceptable. 7. All plant material shall have a uniform shape around its complete circumference. Plant material with irregular branching patterns or with branching patterns more highly developed on one side than on other sides will not be accepted. CNM - BUILDING “A” COURTYARD RENOVATION 329300-2 LANDSCAPE PLANTING 2.03 8. All plant material shall be reviewed by the Owner’s Representative at the Contractor’s yard prior to delivery to the job site. All material shall then be reviewed at the job site prior to planting and after planting. 9. At the option of the Contractor, the Owner’s Representative will review plant material at a wholesale nursery of the Contractor’s choice prior to delivery of materials to the Contractor’s yard. However, at no additional expense to the Owner, the Contractor shall be responsible for all travel expenses incurred by the Owner’s Representative for any travel outside of the Albuquerque or Moriarty metropolitan area. 10. The Owner’s Representative shall be the judge of the quality and acceptability of all plant material. All rejected material shall be immediately removed from the site and replaced with acceptable material at no additional cost to the Owner. PLANTING SOIL MIXTURE A. Planting Soil Mixture shall be a mixture of one part backfill amendment to two parts existing soil. The backfill amendment shall consist of: 1. 70% by volume, organic compost. Compost to be screened to 1/2" minus, pH not to exceed 7.0. Electrical conductivity (EC) of compost not to exceed 3.5 nhos/cm. Percentage of organic matter shall be not less than 80%, tested by simple combustion. Total nitrogen (TKN+NO3-N) shall be not less than 1%, by weight. Carbon to nitrogen ratio of compost shall not exceed 50:1. 2. 30% by volume, “Moisture-lite” (clean, screened, white vitric tuff, graded to 3/16" x 5/16"). 3. Components to be homogeneously mixed, in ten cubic yard batches to provide a uniform product, free from weed seeds, sticks, rocks, or other deleterious material. 4. The backfill amendment shall be as produced by: Western Organics, Inc. RR9, Box 862 2nd and Bates Rd., SW Albuquerque, NM 87105 (505) 877-8670 Or equal. 5. Each Delivery shall have a load ticket. The load ticket shall list: Type of Mixture Source of Mixture. Approximate volume of load. CNM - BUILDING “A” COURTYARD RENOVATION 329300-3 LANDSCAPE PLANTING 2.04 Date of delivery or loading. Name of individual representing the source. Ticket shall be collected and provided to the Owner’s Representative. SOIL CONDITIONER A. 2.05 Shall be granulated 92% sulfur. MULCH A. Mulch shall be as specified on the Drawings. PART 3 - EXECUTION 3.01 3.02 PLANTING OPERATIONS A. Prior to planting operations, landscape areas shall be cleared of rocks greater than 1" diameter, vegetation, and debris to a minimum depth of 6” and finish grading shall be complete. Planting operations shall be performed only during favorable weather conditions in accordance with accepted practice. B. In any one day, only those plant materials intended to be planted that day shall be delivered to the project site. Unless otherwise approved by Owner’s Representative, all plant materials shall be located where shown on the plan except when adjustments due to field conditions are required. The location of all trees and shrubs shall be staked by the Contractor and reviewed by the Owner’s Representative prior to installation. Tree locations shall be represented by using 1" x 2" x 12" wood stakes or colored flags. The name of the tree shall be indicated on the stake or flag so it is readily identified. Shrub locations shall be represented by colored flags or by placement of containerized plant material. PLANTING A. All planting and backfilling shall be performed in accordance with accepted nursery practice, the Drawings, and the following requirements: 1. The Contractor shall take care when backfilling planters to provide adequate compaction of the fill material in order to prevent settling. 2. Prepare all planting pits and install plants as shown on Drawings. Plants shall be set plumb and straight. 3. Remove wire basket, wood box, plastic, twine, and/or rope prior to backfill. Remove burlap except from bottom of root ball prior to backfill. 4. Backfill for planting pits shall consist of the specified planting soil mixture and .10 pounds soil conditioner per cubic foot of backfill. The plant shall be positioned in the hole, and backfilled. The backfilling shall be completed, and CNM - BUILDING “A” COURTYARD RENOVATION 329300-4 LANDSCAPE PLANTING 5. 3.03 MULCHING A. 3.04 Mulching shall be completed as indicated on the Drawings. MAINTENANCE AND PROTECTION A. 3.05 material tamped. When pit is nearly filled, water thoroughly and allow water to soak away. If settling of backfill occurs after watering, add more backfill to bring to finish grade. After completion of planting, all trees shall be pruned at the direction of the Owner’s representative. Maintenance and protection of trees, shrubs, and ground covers shall begin immediately following the installation of each plant and shall continue until the entire project is accepted. Maintenance shall include watering, weeding, cultivating, removal and replacement of dead plant material, removal of debris, resetting of trees to upright positions, restoration of earth basins, and such other operations as may be necessary for the health of the planted stock and the general appearance of the landscaped areas. Protection shall include care of replacement of planted stock from damages resulting from trespass, erosion (including watering), weather, vandalism, disease and other hazards. WARRANTY A. All plant materials shall be guaranteed to be in a live, healthy, and normal growing condition from the date of final acceptance by the Owner’s Representative through one twelve month growing season. The Contractor shall not be held responsible for replacement of plants and materials lost through vandalism and/or other destruction after contract final acceptance. B. The Contractor shall monitor the condition of the landscape at regular intervals during the warranty period to verify that the landscape is receiving proper maintenance. Frequency of monitoring visits shall be as required to ensure proper maintenance. If at any time during the warranty period the Contractor should encounter at the site conditions unfavorable to the health of the planted stock, he shall notify the Owner and Owner’s Representative of such in writing. Inadequate or improper maintenance by the Owner during the warranty period will not relieve the Contractor of his warranty obligation, unless such improper maintenance continues beyond the date the Contractor has notified the Owner and Owner’s Representative. C. Plant materials that are dead or in an unhealthy, impaired growth condition during the warranty period shall be removed and replaced by the Contractor as directed by the Owner’s Representative at no additional cost to the Owner. Replacement material shall be of equal quality, size, and species as that which is being replaced and shall be approved by the Owner’s Representative prior to planting. Plants replaced during the first six months of the warranty period shall also be under warranty until the end of the warranty period. Plants replaced after the first six months of the warranty period shall also be under warranty for six months after the replanting date. CNM - BUILDING “A” COURTYARD RENOVATION 329300-5 LANDSCAPE PLANTING 3.6 REVIEWS A. The following reviews shall be the minimum required reviews during the course of construction. Additional reviews shall be made at any time at the discretion of the Owner or Owner’s Representative. B. It shall be the responsibility of the Contractor to notify the Owner’s Representative, in writing, 48 hours in advance of each required review. C. The sequence of required observations shall not be changed from the sequence listed below. The Contractor shall not proceed with the work of the next sequence without approval of the work of the previous sequence. 1. 2. 3. 4. 5. 6. Observe plant material at Contractor’s yard prior to delivery to job site. Observe staked locations of material prior to planting. Observe material at the job site prior to and during planting. Observe at final project review. Observe at punch list completion. Observe 12 months after final completion. END OF SECTION CNM - BUILDING “A” COURTYARD RENOVATION 329300-6 LANDSCAPE PLANTING
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