PROJECT MANUAL VOLUME 1 of 2 - Mathers-Team.com · of bids is September 29, 2014 @ 2:00 P.M. Bids received on or prior to the deadline will be opened publicly and read aloud, beginning

GRESHAM, SMITH AND PARTNERS

ARCHITECTS / ENGINEERS 10 South 6th Street, Suite 100

Richmond, Virginia 23219-3843

Telephone: 804.788.0710

Copyright 2014

PROJECT MANUAL

VOLUME 1 of 2 GS&P Project #29614.00

BID DOCUMENTS

Charlottesville-Albemarle Airport

Terminal Renovations and Addition Charlottesville, VA

August 31, 2014

Charlottesville – Albemarle Airport

Terminal Renovations and Additions

Charlottesville, VA

GS&P Project No.: 29614.00

SEALS PAGE

Section 00 0107 – Page 1 of 3

1.1 GENERAL

A. The following seals apply only to Specification sections listed in Document 00 0010 - Table

of Contents, prepared by the Architect, Gresham, Smith and Partners or its consultants.

1.2 DESIGN PROFESSIONALS OF RECORD

Architect: Gresham, Smith and Partners

10 South Sixth Street Suite 100

Richmond, VA 232199

(804)788-0710

David King, AIA

Civil Engineer: Gresham, Smith and Partners

511 Union Street, Suite 1400

Nashville, TN 37219

615.770.8100

Delta Airport Consultants, Inc.

9711 Farrar Court, Suite 100

Richmond, VA 23236

(804)2275-8301

Susan E. Winslow, P.E.



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SEALS PAGE


Structural Engineer: Draper Aden Associates

8090 Villa Park Drive

Richmond VA 23219

(804)264-2228

Tim Allen, P.E.

Structural Engineer of Record.

VA # 0402050941

Mechanical

Engineer:

2rw Consultants, Inc.

100 10th Street NE

Suite 202

Charlottesville, VA 22902

(434)296-2116

Paul Stevens, P.E.

Electrical

Engineer/Plumbing

Engineer:


100 10th Street NE

Suite 202


(434)296-2116

Bob Crowell, P.E.



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SEALS PAGE


Fire Protection

Engineer:


100 10th Street NE

Suite 202


(434)296-2116

Jonathan Bruneau, P.E.

END OF SECTION

©2014 Gresham, Smith and Partners. All rights reserved. Use subject to any written agreement with Gresham, Smith and Partners.



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TABLE OF CONTENTS

Document 00 0110 – Page 1 of 7

VOLUME 1 OF 2

SERIES 00 DOCUMENTS – PROCUREMENT AND CONTRACTING REQUIREMENTS

PROCUREMENT REQUIREMENTS

00 0107 Seals Pages

00 0110 Table of Contents

00 1116 Invitation to Bid

00 2113 Instructions to Bidders

00 3132 Geotechnical Data

00 4100 Bid Form

00 4300 Bid Bond

00 4336 List of Subcontractors

00 4513 Statement of Experience of Bidder

00 4537 Drug-Free Workplace Affidavit of Prime Bidder

00 4538 Statement of Compliance Certificate – Illegal Immigrants

CONTRACTING REQUIREMENTS

- Federal Aviation Administration requirements AC 150/5370

Part 1 General Provisions

00 5000 Contracting Forms and Supplements (AIA-2007)

00 5200 Contract Agreement Form –

00 6100 Performance Bond

00 6150 Payment Bond

00 6200 Application for Payment - AIA G702

00 7200 General Conditions AIA-2007

00 7300 Supplementary Conditions AIA A201, 2007

- Special Provisions

- Appendix 3: Safety and Phasing Plan Checklist

- Advisory Circular 150/5370-2F



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TABLE OF CONTENTS


SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 1000 Summary

01 2300 Alternates

01 2500 Substitution Procedures

01 2600 Contract Modification Procedures

01 2900 Payment Procedures

01 3100 Project Management and Coordination

01 3200 Construction Progress Documentation

01 3300 Submittal Procedures

01 4000 Quality Requirements

01 4200 References

01 4516 Uncovering and Correction of Work

01 4533 Structural Tests and Inspections

01 5000 Temporary Facilities and Controls

01 6000 Product Requirements

01 7300 Execution

01 7700 Closeout Procedures

01 7823 Operation and Maintenance Data

01 7839 Project Record Documents

01 7900 Demonstration and Training



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TABLE OF CONTENTS


VOLUME 2 OF 2

DIVISION 2 - EXISTING CONDITIONS

02 4119 Selective Demolition

DIVISION 3 – CONCRETE

03 3000 Cast-in-Place Concrete

DIVISION 4 - MASONRY

04 2613 Masonry Veneer

DIVISION 5 – METALS

05 1200 Structural Steel

05 2100 Steel Joists

05 3100 Steel Deck

05 4000 Cold-Formed Metal Framing

05 5000 Metal Fabrications

DIVISION 6 - WOOD, PLASTICS, AND COMPOSITES

06 1053 Miscellaneous Rough Carpentry

06 1643 Gypsum Sheathing

06 2023 Interior Finish Carpentry

06 4023 Interior Architectural Woodwork

DIVISION 7 - THERMAL AND MOISTURE PROTECTIONS

07 2100 Thermal Insulation

07 2500 Weather Barriers

07 4213.23 Metal Composite Material Wall Panels

07 4219 Water-Drainage Exterior Insulation and Finish System (EIFS)

07 5010 Modifications to Existing Roofs

07 5423 Thermoplastic Polyolefin (TPO) Roofing



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TABLE OF CONTENTS


DIVISION 7 - THERMAL AND MOISTURE PROTECTIONS

07 6200 Sheet Metal Flashing and Trim

07 7100 Roof Specialties

07 8100 Applied Fireproofing

07 8413 Penetration Firestopping

07 9200 Joint Sealants

DIVISION 8 - OPENINGS

08 1113 Hollow Metal Doors and Frames

08 3113 Access Doors and Frames

08 3323 Overhead Coiling Doors

08 4113 Aluminum-Framed Entrances and Storefronts

08 4213 Aluminum-Framed Entrances

08 4413 Glazed Aluminum Curtain Walls

08 7100 Door Hardware

08 8000 Glazing

08 8300 Mirrors

DIVISION 9 – FINISHES

09 2116.23 Gypsum Board Shaft Wall Assemblies

09 2216 Non-Structural Metal Framing

09 2900 Gypsum Board

09 3000 Ceramic Tile

09 5113 Acoustical Panel Ceilings

09 5133 Acoustical Metal Pan Ceilings

09 6513 Resilient Base and Accessories

09 6623 Terrazzo Grinding and Polishing

09 6813 Modular Carpet Tile

09 7200 Wall Coverings

09 9123 Interior Painting

DIVISION 10 – SPECIALTIES



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TABLE OF CONTENTS


DIVISION 10 – SPECIALTIES

10 2113.15 Stainless-Steel Toilet Compartments

10 2600 Wall and Door Protection

10 2800 Toilet and Bath Accessories

DIVISION 11 - EQUIPMENT

11 1453 Exit Lane Breach Control Corridor

DIVISION 12 – FURNISHINGS

12 3661 Solid Surfacing Countertops

DIVISION 21 - FIRE SUPPRESSION

21 0500 Common Work Results for Fire Suppression

21 0553 Identification for Fire Suppression Piping and Equipment

21 1200 Fire-Suppression Standpipes

21 1300 Fire Suppression Sprinklers

DIVISION 22 - PLUMBING

22 0500 Common Work Results for Plumbing

22 0553 Identification for Plumbing Piping and Equipment

22 0719 Plumbing Piping Insulation

22 1005 Plumbing Piping

22 1006 Plumbing Piping Specialties

22 3000 Plumbing Equipment

22 4000 Plumbing Fixtures

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

23 0500 Common Work Results for HVAC

23 0519 Meters and Gages for HVAC Piping

23 0548 Vibration and Seismic Controls for HVAC Piping and

Equipment

23 0553 Identification for HVAC Piping and Equipment



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TABLE OF CONTENTS


DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

23 0593 Testing, Adjusting and Balancing for HVAC

23 0713 Duct Insulation

23 0719 HVAC Piping Insulation

23 2113 Hydronic Piping

23 2114 Hydronic Specialties

23 2500 HVAC Water Treatment

23 3100 HVAC Ducts and Casings

23 3300 Air Duct Accessories

23 3423 HVAC Power Ventilators

23 3600 Air Terminal Units

23 3700 Air Outlets and Inlets

23 4000 HVAC Air Cleaning Devices

23 7313 Modular Central-Station Air-Handling Units

DIVISION 25 – INTEGRATED AUTOMATION

25 4002 Building Automation System (BAS)

DIVISION 26 - ELECTRICAL

26 0500 Common Work Results for Electrical

26 0501 Minor Electrical Demolition

26 0519 Low-Voltage Electrical Power Conductors and Cables

(600 V & Less)

26 0526 Grounding and Bonding for Electrical Systems

26 0529 Hangers and Supports for Electrical Systems

26 0534 Conduit

26 0537 Boxes

26 0553 Identification for Electrical Systems

26 0923 Lighting Control Devices

26 2200 Low-Voltage Transformers

26 2416 Panelboards

26 2717 Equipment Wiring



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TABLE OF CONTENTS


DIVISION 25 – INTEGRATED AUTOMATION

25 4002 Building Automation System (BAS)

DIVISION 26 - ELECTRICAL

26 2723 Indoor Service Poles

26 2726 Wiring Devices

26 2813 Fuses

26 2818 Enclosed Switches

26 2923 Variable-Frequency Motor Controllers

26 5100 Interior Lighting

DIVISION 27 - COMMUNICATIONS

27 1005 Structured Cabling for Voice and Data – Inside-Plant

27 5117 Public Address Systems

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY

28 3100 Fire Alarm System

END OF TABLE OF CONTENTS




Charlottesville, VA


NOTICE FOR AND INVITATION TO BID


Project Description: Terminal Renovations and Additions.

Sealed bids are invited by the Charlottesville-Albemarle Airport Authority for Project titled Terminal

Renovations and Additions at the Charlottesville-Albemarle Airport in Charlottesville, Virginia. The

Project is generally described as 8,000 square feet of renovations for all restrooms and the security

checkpoint, and building additions totaling 5,900 square feet. The plans, specifications, contractor re-

quirements, and other terms and conditions applicable to the Project are described within an Invitation

for Bids dated August 31, 2014 (“IFB”).

Pre-Bid Conference (MANDATORY). A Pre-Bid meeting has been scheduled for September 10, 2014

@ 10:00 A.M. at the Terminal Building Conference Room, 2nd Floor, 100 Bowen Loop, Suite 100

Charlottesville, VA 22911.

Inquiries during Bid Period:

All Inquiries Should be Directed To: Amanda Murray, Project Architect

Phone: (214)-350-1500 Fax: (866)-462-6173

E-mail: [email protected]

Deadline for Questions/Substitution Requests: September 15, 2014 @ 4:00 P.M.

Deadline for Receipt of Bids. Sealed bids will be received in the Airport Administrative Offices, located

at 100 Bowen Loop, Suite 100, Charlottesville, VA, 22911. The deadline for the Authority’s receipt

of bids is September 29, 2014 @ 2:00 P.M. Bids received on or prior to the deadline will be opened

publicly and read aloud, beginning at 2:00 P.M., in the Airport Terminal Building Conference Room,

2nd Floor, 100 Bowen Loop, Suite 100 Charlottesville, VA 22911.

Bids shall be addressed to the attention of Bill Pahuta, Deputy Executive Director, Charlottesville-

Albemarle Airport Authority, 100 Bowen Loop, Suite 200, Charlottesville, Virginia 22911.The exterior

face of each sealed bid shall be marked to show: the bidder’s name and address; the bidder’s Virgin-

ia contractor license or registration number in accordance with Va. Code Sec. 54.1-1103; and the Project Name, “Charlottesville – Albemarle Airport Terminal Renovations and Addition.” Each

bid shall be and remain valid and binding upon the bidder for a period of 90 calendar days after the

deadline for receipt of bids.

Bid Security Required. Each bid must be accompanied by a bid bond, which may be in the form of a

cashier’s check, in an amount of not less than 5 percent of the total amount bid.

Evidence of Authorization to do Business in Virginia: Each bid must include the identification number

issued to the bidder by the Virginia State Corporation Commission. Any bidder that is not required to be

authorized by the SCC to transact business in the Commonwealth as a foreign business entity shall in-

clude in its bid a statement signed by a Virginia attorney describing why the bidder is not required to be

so authorized. Additional Requirements. For additional requirements, see the IFB.

Bid Documents. Bid Documents have been provided to the following plan room service for inspection:

Builders’ Exchange

3207 Hermitage Road

Richmond, VA

A copy of the IFB and related documents (collectively, the “Bid Documents”) are available for inspec-

tion at the Airport Administrative Offices referenced in this solicitation.

Starting on Tuesday, September 2, 2014, Bid Documents may be obtained from:

Bizport

9 North Third Street

Richmond, VA 23219

Contact Allen Whiteheart (804)-780-1060 to order documents. Hard-Copy documents will be sent upon

receipt of a non-refundable payment. An electronic version of the complete set of documents may be

obtained with a non-refundable payment. Neither the Owner nor any of its representatives shall be re-

sponsible for full or partial sets of Contract Documents, including addenda, obtained form any other

source.

Equal Opportunity. In the solicitation or awarding of contracts, the Airport Authority does not discrimi-

nate against any bidder because of race, religion, color, sex, national origin, age, disability, status as a

service-disabled veteran, or any other basis prohibited by state law relating to discrimination in em-

ployment. The successful bidder will be required to comply with EEO provisions as set forth within the

IFB.

Reservation. The Airport Authority may waive informalities in bids. The Airport Authority reserves the

right to cancel or reject the IFB or any bid(s), subject to Va. Code Sec. 2.2-4319.

NOTICE – Bidders shall comply with all Federal Provisions as well as all provisions found in the Contract Documents.

CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8

Notice to: Prospective Federally Assisted Construction Contractors Prospective Subcontractors

1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-

assisted construction contract or subcontract exceeding $10,000 which is not exempt from the provi-

sions of the Equal Opportunity Clause.

2. Contractors receiving federally-assisted construction contract awards or subcontractors exceeding$10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause.

3. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

END OF SECTION




Charlottesville, VA


INSTRUCTIONS TO BIDDERS



1. Bid Documents

1.1. Complete sets of Bid Documents shall be used in preparing Bids. Neither the Owner nor the Architect

assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of

Bid Documents.

1.2. The Owner, in making copies of the Bid Documents available on the above terms does so only for the

purpose of obtaining Bids on the Work and does not confer or license or grant permission for any other

use.

1.3. The Drawings and Specifications for this Project were prepared by Gresham, Smith and Partners and

are dated August 31, 2014

.

2. Examination of Contract Documents and Project Site.

2.1. It is the responsibility of each Bidder before submitting a Bid:

A. to examine thoroughly the Bid Documents;

B. to visit the site to become familiar with and satisfy the Bidder as to the general, local and site

conditions that may affect cost, progress, performance, or furnishing of the Work;

C. to study and carefully correlate the Bidder’s knowledge and observations with the Bid

Documents and such other related data; and,

D. to promptly notify the Owner of all conflicts, errors, ambiguities or discrepancies which the

Bidder has discovered in or between the Bid Documents and such other related documents or

field/site conditions.

2.2 On request, at the discretion of the Owner, the Owner will provide each Bidder access to the site to

conduct such examinations, investigations, explorations, tests and studies as each Bidder deems

necessary for submission of a Bid. The Bidder shall fill all holes and clean up and restore the site to

its former condition, including reseeding and/or resodding any disturbed areas upon completion of

such explorations, investigations, tests and studies, and hold the Owner harmless from any damage to

property or injury to persons resulting from or arising out of such exploration, investigation, tests, and

studies. The Bidder shall obtain and comply with all local and state permitting requirements.

3. Interpretations and Addenda.

3.1. No oral explanation in regard to the meaning of the Contract Documents will be made, and no oral

instructions will be given before the award of the Work. Discrepancies, omissions or doubts as to the

meaning of the Contract Documents shall be communicated in writing to the Owner for interpretation.

Bidders should act promptly and allow sufficient time for a reply to reach them before the submission



Charlottesville, VA




of their Bids. Any interpretation made will be in the form of an addendum to the Contract Documents,

which will be forwarded to all Bidders, and its receipt shall be acknowledged on the Bid Form. All

questions shall be received no later than 14 calendar days prior to the date for opening of Bids.

3.2. Addenda may also be issued to modify the Contract Documents.

4. Bid Security.

4.1. Each bid shall be accompanied by a Bidder’s bond issued by a company authorized and licensed to

transact business as surety in the Commonwealth of Virginia, a certified check, or cash escrow, in an

amount equal to not less than five (5) percent of the total amount of the bid, made payable to

Charlottesville-Albemarle Airport Authority. Upon approval of the Owner’s attorney, in accordance

with Section 2.2-4338, Code of Virginia, 1950, as amended, a Bidder may furnish a personal bond,

property bond, or bank or savings and loan association’s letter of credit on certain designated funds

for the amount required for the Bid Security. The Bid Security shall be accompanied by a certified

copy of the power of attorney for the surety attorney-in-fact. Said bid security shall be left with the

Owner, subject to the conditions specified herein, as a guarantee of good faith on the part of the

Bidder that if the bid is accepted, the Bidder shall execute the contract.

4.2. The Bid Security shall be returned to all except the three (3) lowest Bidders within ten (10) days after

the date of Bid opening. The Bid Security will be returned to the three (3) lowest Bidders within five

(5) days after the execution of an Agreement and Performance and Payment Bonds and Certificates of

Insurance have been approved by the Owner. None of the three (3) lowest Bids shall be deemed

rejected, notwithstanding acceptance of one of the Bids, until the Agreement has been executed by

both the Owner and the Successful Bidder.

5. Liquidated Damages.

5.1. Provisions for liquidated damages are set forth in the Bid Form.

6. Preparation of Bid.

6.1. All blanks on the Bid Form shall be legibly and carefully completed in ink.

6.2. Bids by corporations shall be executed in the corporate name by the president or a vice-president (or

other corporate officer accompanied by evidence of authority to sign) and attested by the secretary or

an assistant secretary. The corporate address and state of incorporation shall be shown below the

signature.

6.3. Bids by unincorporated organizations shall be executed in the organization’s name and signed by an

individual having authority to enter into a contract on behalf of such organization, whose title shall

appear under the signature and the official address of the organization shall be shown below the

signature. For example, if such organization is a Limited Liability Company, the Bid shall be signed



Charlottesville, VA




by its manager, or if such organization is a Limited Partnership, the Bid shall be signed by a general

partner.

6.4. All names shall be typed or printed in ink below the signature. All names shall be the legal name of

the corporation, unincorporated organization and/or individual.

6.5. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be

filled in on the Bid Form).

6.6. The address, telephone number, e-mail address and fax number for communications regarding the Bid

shall be provided.

6.7. It is understood and agreed that, in the event an Agreement is executed for the supplies, equipment or

services included in the Bid, no indication of such sales or services to the Owner shall be used in any

way in product literature or advertising without the written consent of the Owner.

7. Quantities and Unit Prices.

7.1. The Owner reserves the right to increase or decrease the amount of any class or portion of the Work.

No such change in the Work shall be considered as a waiver of any condition of the Agreement nor

shall such change invalidate any of the provisions thereof. Payment will be made at the unit or lump

sum prices under the Agreement only for the work actually performed or materials furnished and

accepted.

7.2 Bidders shall include in their Bid prices the entire cost of each item set forth in the Bid, and it is

understood and agreed that there is included in each lump sum or unit price bid item the entire cost

necessary or incidental to the completion of that portion of the work, unless such incidental work is

expressly included in other lump sum or unit price bid items.

8. General Equipment or Material Specification.

8.1. When the Bid Documents specify one or more manufacturer's brand names or makes of materials,

devices or equipment as indicating a quality, style, appearance or performance, with the statement "or

equal," the Bidder shall base the Bid on either one of the specified brands or an alternate brand which

the Bidder intends to substitute. Use of an alternate shall not be permitted unless it has been found to

be equal or better by the Owner and at no additional cost to the Owner.

8.2. The burden of proof as to the comparative quality and suitability of alternative equipment, articles or

materials shall be upon the Bidder. The Bidder shall furnish at its own expense, such information

relating thereto as may be required by the Owner. The Owner shall be the sole judge as to the

comparative quality and suitability of alternative equipment, articles or materials and the Owner’s

decisions shall be final. Any other brand, make or material, device or equipment which, in the opinion

of the Owner is recognized to be the equal of that specified, considering quality, workmanship and

economy of operation and is suitable for the purpose intended, shall be accepted. In the event of any



Charlottesville, VA




adverse decision by the Owner, no claim of any sort shall be made or allowed against the Engineer or

Owner. Samples, if requested by the Bidder, may be returned at the Bidder’s expense.

8.3 Specified products, materials, and equipment establish requirements for function, dimensions,

appearance, quality, and other attributes that must be met by any proposed pre-bid substitutions.

8.4 Time Limit: No request for pre-bid substitutions will be considered unless received by the Architect

by the close of business on September 15, 2014 at 4:00 P.M.

8.5 Upon receipt of a complete request, the Architect will evaluate the request and advise the Owner.

a. Provide additional data requested by the Architect.

b. The burden of proof of the merit of a requested substitution is on the Bidder requesting

the substitution.

8.6 Owner acceptance of pre-bid substitutions will be in Addenda issued by the Architect.

8.7 Pre-Bid Substitution Request Requirements:

a. Pursuant to paragraph 8.1 of the Instructions to Bidders, substitution requests will be

considered only where specification sections include the term ‘or approved equal’ or

other phrase of similar import in the list of acceptable products or manufacturers.

b. Requests will only be accepted from Bidders for the general construction contract.

Requests from trade contractors, suppliers, manufacturers, or other entities will not be

considered.

c. Identify the specified product by name, specification section, and paragraph.

d. Identify the requested substitution and provide complete technical information

demonstrating how the substitution meets specified requirements, including

requirements for manufacturer and installer qualifications, and compliance with

regulatory requirements, industry standards, and sustainability requirements, as

applicable.

e. Provide contact information for the architect and owner in lists of comparable projects

intended to establish manufacturer and installer qualifications.

f. State differences between the substitution and the specified product, including

possible advantages to Owner.

g. State how acceptance of the substitution would affect Contractor’s general warranty

under the Conditions of the Contract, and whether extended manufacturer warranties

transferrable to Owner are available.



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h. State changes in other products or other elements of the work that would be necessary

for incorporation of the substitution into the work of contract.

9. Proprietary Material and Equipment Specification.

9.1 Where any item of equipment or material is specified by proprietary name, trade name, catalog

reference, or name of one or more manufacturers, without the addition of such expressions as "or

equal," it is to be understood that those items are so specified for reasons of standardization in

maintenance and operation, or for reasons of obtaining desirable features best suited to the require-

ments of the Specifications. This specific equipment shall form the basis of the Bid and be furnished

under the Agreement. Where two or more items of equipment or material are named, the Contractor

has the option to use either.

10. Alternate Bids.

10.1. If alternate Bids are requested for a portion of all of the Work due to the character of the improvement

and uncertainties which may be encountered during construction, Bidders shall submit alternate Bids

on all items as shown on the Bid Form. Alternate bids shall be considered in the order listed in the Bid

Form and in accordance with criteria defined in the Special Provisions.

10.2. Award shall be based on the lowest responsive and responsible bid for base bid plus all alternates.

11. Submission of Bids.

11.1. Bids shall be submitted at the time and place indicated in the Invitation for Bids and shall be sealed,

marked with the Project title and name and address of the Bidder, and accompanied by the bid

guarantee and other required documents. The Bid may not be changed by markings on the envelope.

Only the amounts indicated on the Bid Form will be considered in determining the final Bid amount.

11.2. When a license is required, the Bidder shall include in its Bid over the Bidder’s signature the following

notation: "VIRGINIA LICENSED CONTRACTOR NO. ___________" (Ref. Title 2.2, Chapter 43,

Code of Virginia).

11.3 Bid Submission Requirements:

11.3.1 Bid Form: Each bidder shall submit a completed Bid Form and other bid requirements as outlined.

No erasures shall be permitted. Errors and other changes shall be struck through with a single line and

initialed. Bids shall be furnished in a unit price basis as called for in the Invitation for Bid, in numerical

figures and written dollar amount. The written word shall take precedence. Figures shall be written in

ink or typed.

11.3.2 Bid Documentation: The following information SHALL be included with each Bidder’s sealed bid to

constitute a complete Bid Package:



Charlottesville, VA




• Bid Form

• Bid Security

• Proposed Construction Schedule

• Contractor Qualifications

• References Form

• A copy of the Contractor’s certificate of insurance or other documentation from the

insurance carrier evidencing insurability in accordance with the Commission’s

insurance requirements

• Written evidence of the ability to obtain Payment and Performance Bonds

• Listing of D.B.E. certified subcontractor supplied quotes.

12. Receipt and Opening of Bids.

12.1. Bids will be opened publicly at the time and place and under the conditions stated in the Invitation for

Bids. The Owner's Representative whose duty it is to open Bids will decide when the specified time

has arrived. No responsibility will be attached to any such person for the premature opening of a Bid

not properly addressed and identified. It is the responsibility of the Bidder to assure that the Bid is

delivered to the designated place of receipt prior to the time set for the receipt of Bids. No Bid received

after the time designated for receipt will be considered.

12.2. Bids will be opened and read aloud publicly. Bidders are especially requested to be present at the

opening of bids.

13. Bids to Remain Subject to Acceptance.

13.1. All Bids shall remain subject to acceptance for 90 Days after the day of the Bid opening, but the Owner

may, in its sole discretion, release any Bid and return the Bid Security prior to that date, or extend the

acceptance period an additional 90 days with the consent of the apparent low bidder and surety.

14. Withdrawal of Bids.

14.1 Withdrawal of proposal filed with the Owner may be made only by a representative of the firm

submitting the Bid, who shall appear in person prior to the time designated in the advertisement for

receipt of Bids. Such representative shall furnish satisfactory identification and proof that they are

authorized to make changes. Telegraphic or facsimile notices will not be considered. Additions and/or

deletions marked on the outside of the Bid envelope will not be considered.

14.2 If the Bid price was substantially lower than the other Bids solely to a mistake therein, provided the

Bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment

mistake, as was actually due to an unintentional arithmetic error or an unintentional omission of a

quantity of work, labor, or material made directly in the compilation of a bid, which unintentional

arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from

inspection of original work papers, documents, and materials used in the preparation of the Bid sought

to be withdrawn and provided further the Bidder shall give notice in writing of his claim of right to



Charlottesville, VA




withdraw two (2) business days after the conclusion of the Bid opening procedure, then the Bid may

be withdrawn.

14.3 Should the Bidder refuse to enter into the Agreement after notification of award, the Bid Security shall

be forfeited.

14.4 No Bid may be withdrawn under this section when the result would be the awarding of the Agreement

on another Bid to the same Bidder or to another Bidder in which the ownership of the withdrawing

Bidder is more than five percent.

14.5 If a Bid is withdrawn under the authority of this section, the remaining Bids shall be evaluated to

determine the lowest responsive and responsible Bidder.

14.6 No Bidder who is permitted to withdraw a Bid shall, for compensation, supply any material or labor

to or perform any subcontract or other work agreement for the person or firm to whom awarded, or

otherwise benefit, directly or indirectly, from the performance of the Project for which the withdrawn

Bid was submitted.

14.7 If withdrawal of any Bid is denied, the Bidder shall be notified in writing stating the reasons for this

decision. Any Bidder who desires to appeal a decision denying withdrawal of Bid shall, as sole remedy,

institute legal action provided by Section 2.2-4358 and Section 2.2-4364(B), Code of Virginia, 1950,

as amended.

15. Evaluation of Bids.

15.1. In evaluating Bids, the Owner shall consider the qualifications of the Bidders, whether or not the Bids

comply with the prescribed requirements, unit and lump sum prices, and alternates if requested in the

Bid Form.

15.2. The Owner may consider the qualifications and experience of subcontractors and other persons and

organizations (including those who are to furnish the principal items of material or equipment)

proposed for those portions of the Work for which the identity of Subcontractors and other persons

and organizations shall be submitted as specified in the Bid Documents.

15.3. The Owner may conduct such investigations as deemed necessary to establish the responsibility,

qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and

organizations to do the Work in accordance with the Bid Documents to the Owner's satisfaction within

the prescribed time.

15.4. Bids will be based upon the estimated quantities shown in the Bid Form. Bids will be compared on

the basis of a total computed price; arrived at by taking the sum of the estimated quantities of each Bid

Item, multiplied by the corresponding unit price bid, and any lump sum Bids on the individual items.

Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of

the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum



Charlottesville, VA




thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be

resolved in favor of words. The right to reject any or all Bids or to accept any Bid considered of

advantage to the Owner is reserved.

15.5. Unless all Bids are canceled or rejected, the Owner reserves the right granted by Section 2.2-4318 of

the Code of Virginia to negotiate with the lowest responsible, responsive Bidder to obtain a Contract

Price within the funds budgeted for the construction project. Negotiations with the lowest Bidder may

include both modification of the Contract Price and the Scope of Work/Specifications to be performed.

The Owner shall initiate such negotiations by Written Notice to the lowest responsible, responsive

Bidder that its Bid exceeds the available funds and that the Owner wishes to negotiate a lower Contract

Price. The Owner and the lowest responsive, responsible Bidder shall agree to the times, places, and

manner of negotiations.

15.6. The acceptance of a Bid will be a notice in writing, signed by the Owner, and no other act shall constitute

the acceptance of a Bid.

15.7 The Owner reserves the right to waive minor non-substantive errors in the Bid, to reject any/or all

Bids, to award any Bid in whole or in part, and to award the Bid considered to be in the best interest

of the Owner.

16. Qualifications of Bidders and Subcontractors.

16.1. To demonstrate their qualification to perform the Work, each Bidder shall be prepared to submit written

satisfactory evidence that the Bidder has sufficient experience, necessary capital, materials, machinery

and skilled workers to complete the Work. If financial statements are required they shall be of such

date as the Owner shall determine and shall be prepared on forms acceptable to the Owner. The Owner

may make such investigations as deemed necessary to determine the ability of the Bidder to perform

the Work. The Owner's decision or judgment on these matters shall be final, conclusive and binding.

16.2. The apparent low Bidder shall, within seven consecutive calendar days after the day of the Bid

opening, submit to the Owner a list of all Subcontractors who will be performing work on the

Agreement. Such list shall be accompanied by an experience statement with pertinent information as

to similar projects and other evidence of experience and qualification for each such Subcontractor,

person and organization. If the Owner, after due investigation, has reasonable objection to any

proposed Subcontractor, other person or organization, the Owner may, before giving the Notice of

Intent to Award, request the apparent low Bidder to submit an acceptable substitute without an increase

in Bid price. If the apparent low Bidder declines to make any such substitution, the contract shall not

be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds

for sacrificing his Bid Security. For any Subcontractors, other person or organization so listed and to

whom Owner does not make written objection prior to the giving of the Notice of Award, it will be

deemed the Owner has no objection.

16.3. By submitting their proposal, Bidders certify that they are not now debarred by the Federal

Government or by the Commonwealth of Virginia or any other town, city, or county within the



Charlottesville, VA




Commonwealth of Virginia, from submitting Bids on contracts for construction covered by this

solicitation, nor are they an agent of any person or entity that is now so debarred.

17. Sham or Collusive Bids.

17.1. The Bids of any Bidder or Bidders who engage in collusive bidding shall be rejected. Any Bidder who

submits more than one Bid in such a manner as to make it appear that the Bids submitted are on a

competitive basis from different parties shall be considered a collusive Bidder.

17.2. The provisions contained in Sections 2.2-4367 through 2.2-4377, Code of Virginia, as amended, shall

be applicable to all contracts solicited or entered into by Owner. By submitting their Bids, all Bidders

certify that their Bids are made without collusion or fraud, and that they have not offered or received

any kickbacks or inducements from any other Bidder, Supplier, manufacturer or subcontractor in

connection with their Bid, and they have not conferred with any public employee having official

responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of

money, services or anything of more than nominal value, present or promised, unless consideration of

substantially equal or greater value was exchanged.

18. Socio-Economic Programs

18.1 Refer to Appendix ‘C’ for F.A.A. DBE requirements.

18.2 Refer to Supplemental Conditions for Charlottesville-Albemarle Airport specific DBE requirements.

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2

1. The Offeror's or Bidder’s attention is called to the "Equal Opportunity Clause" and the "Standard Federal

Equal Employment Opportunity Construction Contract Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the

contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables

Goals for minority participation for each trade (Vol. 45 Federal Register pg. 65984 10/3/80)

Goals for female participation in each trade (6.8%)

These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally-

assisted) performed in the covered area. If the contractor performs construction work in a geographical area

located outside of the covered area, it shall apply the goals established for such geographical area where the

work is actually performed. With regard to this second area, the contractor also is subject to the goals for

both its Federally involved and non-federally involved construction.



Charlottesville, VA




The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based

on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by

the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and

female employment and training shall be substantially uniform throughout the length of the contract, and in

each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each

of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from

project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract,

the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured

against the total work hours performed.

3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award

of any construction subcontract in excess of $10,000 at any tier for construction work under the contract

resulting from this solicitation. The notification shall list the name, address, and telephone number of the

subcontractor; employer identification number of the subcontractor; estimated dollar amount of the

subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the

subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Albemarle

County, VA.



Charlottesville, VA




STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT

SPECIFICATIONS - 41 CFR Part 60.4.3

1. As used in these specifications:

a. "Covered area" means the geographical area described in the solicitation from which this

contract resulted;

b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.

Department of Labor, or any person to whom the Director delegates authority;

c. "Employer identification number" means the Federal social security number used on the

Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;

d. "Minority" includes:

(1) Black (all) persons having origins in any of the Black African racial groups not of

Hispanic origin);

(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or

other Spanish culture or origin regardless of race);

(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of

the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

(4) American Indian or Alaskan native (all persons having origins in any of the original

peoples of North America and maintaining identifiable tribal affiliations through

membership and participation or community identification).

2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any

construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these

specifications and the Notice which contains the applicable goals for minority and female participation and

which is set forth in the solicitations from which this contract resulted.

3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.

Department of Labor in the covered area either individually or through an association, its affirmative action

obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan

for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their

participation in and compliance with the provisions of any such Hometown Plan. Each contractor or

subcontractor participating in an approved plan is individually required to comply with its obligations under

the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it

has employees. The overall good faith performance by other contractors or subcontractors toward a goal in

an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts

to achieve the Plan goals and timetables.



Charlottesville, VA




4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a

through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted

are expressed as percentages of the total hours of employment and training of minority and female utilization

the contractor should reasonably be able to achieve in each construction trade in which it has employees in

the covered area. Covered construction contractors performing construction work in a geographical area

where they do not have a Federal or federally assisted construction contract shall apply the minority and

female goals established for the geographical area where the work is being performed. Goals are published

periodically in the Federal Register in notice form, and such notices may be obtained from any Office of

Federal Contract Compliance Programs office or from Federal procurement contracting officers. The

contractor is expected to make substantially uniform progress in meeting its goals in each craft during the

period specified.

5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the

contractor has a collective bargaining agreement to refer either minorities or women shall excuse the

contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated

pursuant thereto.

6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals,

such apprentices and trainees shall be employed by the contractor during the training period and the

contractor shall have made a commitment to employ the apprentices and trainees at the completion of their

training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to

training programs approved by the U.S. Department of Labor.

7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The

evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve

maximum results from its actions. The contractor shall document these efforts fully and shall implement

affirmative action steps at least as extensive as the following:

a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all

sites, and in all facilities at which the contractor's employees are assigned to work. The contractor,

where possible, will assign two or more women to each construction project. The contractor shall

specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware

of and carry out the contractor's obligation to maintain such a working environment, with specific

attention to minority or female individuals working at such sites or in such facilities.

b. Establish and maintain a current list of minority and female recruitment sources, provide

written notification to minority and female recruitment sources and to community

organizations when the contractor or its unions have employment opportunities available,

and maintain a record of the organizations' responses.

c. Maintain a current file of the names, addresses, and telephone numbers of each minority

and female off-the-street applicant and minority or female referral from a union, a

recruitment source, or community organization and of what action was taken with respect to

each such individual. If such individual was sent to the union hiring hall for referral and was



Charlottesville, VA




not referred back to the contractor by the union or, if referred, not employed by the

contractor, this shall be documented in the file with the reason therefore along with whatever

additional actions the contractor may have taken.

d. Provide immediate written notification to the Director when the union or unions with

which the contractor has a collective bargaining agreement has not referred to the contractor

a minority person or female sent by the contractor, or when the contractor has other

information that the union referral process has impeded the contractor's efforts to meet its

obligations.

e. Develop on-the-job training opportunities and/or participate in training programs for the area which

expressly include minorities and women, including upgrading programs and apprenticeship and

trainee programs relevant to the contractor's employment needs, especially those programs funded or

approved by the Department of Labor. The contractor shall provide notice of these programs to the

sources compiled under 7b above.

f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training

programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations;

by including it in any policy manual and collective bargaining agreement; by publicizing it in the

company newspaper, annual report, etc.; by specific review of the policy with all management

personnel and with all minority and female employees at least once a year; and by posting the

company EEO policy on bulletin boards accessible to all employees at each location where

construction work is performed.

g. Review, at least annually, the company's EEO policy and affirmative action obligations

under these specifications with all employees having any responsibility for hiring,

assignment, layoff, termination, or other employment decisions including specific review of

these items with onsite supervisory personnel such a superintendents, general foremen, etc.,

prior to the initiation of construction work at any job site. A written record shall be made

and maintained identifying the time and place of these meetings, persons attending, subject

matter discussed, and disposition of the subject matter.

h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news

media, specifically including minority and female news media, and providing written notification to

and discussing the contractor's EEO policy with other contractors and subcontractors with whom the

contractor does or anticipates doing business.

i. Direct its recruitment efforts, both oral and written, to minority, female, and community

organizations, to schools with minority and female students; and to minority and female recruitment

and training organizations serving the contractor's recruitment area and employment needs. Not later

than one month prior to the date for the acceptance of applications for apprenticeship or other training

by any recruitment source, the contractor shall send written notification to organizations, such as the

above, describing the openings, screening procedures, and tests to be used in the selection process.



Charlottesville, VA




j. Encourage present minority and female employees to recruit other minority persons and women

and, where reasonable provide after school, summer, and vacation employment to minority and

female youth both on the site and in other areas of a contractor's workforce.

k. Validate all tests and other selection requirements where there is an obligation to do so

under 41 CFR Part 60-3.

l. Conduct, at least annually, an inventory and evaluation at least of all minority and female

personnel, for promotional opportunities and encourage these employees to seek or to

prepare for, through appropriate training, etc., such opportunities.

m. Ensure that seniority practices, job classifications, work assignments, and other personnel

practices do not have a discriminatory effect by continually monitoring all personnel and

employment related activities to ensure that the EEO policy and the contractor's obligations

under these specifications are being carried out.

n. Ensure that all facilities and company activities are non-segregated except that separate or single

user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers for subcontracts from

minority and female construction contractors and suppliers, including circulation of

solicitations to minority and female contractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the

contractor's EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more

of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint

contractor union, contractor community, or other similar groups of which the contractor is a member and

participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of

these specifications provided that the contractor actively participates in the group, makes every effort to

assure that the group has a positive impact on the employment of minorities and women in the industry,

ensures that the concrete benefits of the program are reflected in the contractor's minority and female

workforce participation, makes a good faith effort to meet its individual goals and timetables, and can

provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the

contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an

obligation shall not be a defense for the contractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The contractor,

however, is required to provide equal employment opportunity and to take affirmative action for all minority

groups, both male and female, and all women, both minority and non-minority. Consequently, if the

particular group is employed in a substantially disparate manner (for example, even though the contractor has

achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a

specific minority group of women is underutilized.



Charlottesville, VA




10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate

against any person because of race, color, religion, sex, or national origin.

11. The contractor shall not enter into any subcontract with any person or firm debarred from Government

contracts pursuant to Executive Order 11246.

12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the

Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as

may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing

regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out

such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as

amended.

13. The contractor, in fulfilling its obligations under these specifications, shall implement specific

affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these

specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If

the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or

these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

14. The contractor shall designate a responsible official to monitor all employment related activity to ensure

that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may

be required by the Government, and to keep records. Records shall at least include for each employee, the

name, address, telephone number, construction trade, union affiliation if any, employee identification number

when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or

laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations

at which the work was performed. Records shall be maintained in an easily understandable and retrievable

form; however, to the degree that existing records satisfy this requirement, contractors shall not be required

to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which

establish different standards of compliance or upon the application of requirements for the hiring of local or

other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community

Development Block Grant Program).

END OF SECTION




Charlottesville, VA


GEOTECHNICAL DATA


1.1 GEOTECHNICAL DATA

A. This Document with its referenced attachments provide Owner's information for Contractor’s

convenience and are intended to supplement rather than serve instead of Bidders' own investi-

gations. The documents are made available solely for Contractor’s convenience and infor-

mation, but are not a warranty of existing conditions. This Document and its attachments are

not part of the Contract Documents and the seals of the design professionals in responsible

charge of the Project do not apply to them.

B. A geotechnical investigation report for Project, prepared by Draper Aden Associates, is availa-

ble for viewing at the office of Architect

C. Related Requirements:

1. Document 002113 "Instructions to Bidders" for the Bidder's responsibilities for exami-

nation of Project site and existing conditions.

END OF SECTION


SUBSURFACE EXPLORATION AND

GEOTECHNICAL EVALUATION

Charlottesville Albemarle Airport

Hold Room and Circulation Expansion

Charlottesville, Virginia

Prepared For:

Gresham Smith and Partners

Aviation Services Division Vice President:

Mr. David L. King, AIA

May 28, 2014

Prepared By:

DAA Project Number: CV02141-16RI

danderson

cvill airport

i P:\CV02\100\CV02141\CV02141-16RI\REPORTS\RPT - 14 0523 - Charlottesville Airport Hold Room - DJA.docx

TABLE OF CONTENTS

1.0 AUTHORIZATION ...................................................................................... 1

2.0 OBJECTIVE AND SCOPE OF SERVICES .............................................. 2

3.0 SUBSURFACE EXPLORATION ................................................................ 3

3.1 General Site Description ......................................................................................... 3

3.2 Exploration Program ............................................................................................... 3

4.0 SUBSURFACE CONDITIONS .................................................................... 4

4.1 Regional Geology ................................................................................................... 4

4.2 Local Geology ......................................................................................................... 4

4.3 Encountered Soil Conditions .................................................................................. 4

4.3.1 General ............................................................................................................... 4

4.3.2 Subsurface Soils ................................................................................................. 5

4.4 Subsurface Water .................................................................................................... 5

5.0 LABORATORY TEST RESULTS .............................................................. 6

6.0 DESIGN RECOMMENDATIONS .............................................................. 7

6.1 General .................................................................................................................... 7

6.2 Structure Characteristics ......................................................................................... 7

6.3 Shallow Foundations ............................................................................................... 7

6.4 Slabs-on-Grade ....................................................................................................... 8

6.5 Slope Stability for Excavations ............................................................................... 9

6.6 Seismic Considerations ........................................................................................... 9

7.0 CONSTRUCTION CONSIDERATIONS .................................................10

7.1 Demolition of Existing Utilities ............................................................................ 10

7.2 Site Preparation ..................................................................................................... 10

7.3 Foundation Construction ....................................................................................... 10

7.4 Reuse of Onsite Soils ............................................................................................ 11

7.5 Fill Material .......................................................................................................... 11

7.6 Field Observation .................................................................................................. 12

8.0 LIMITATIONS ............................................................................................13

ii P:\CV02\100\CV02141\CV02141-16RI\REPORTS\RPT - 14 0523 - Charlottesville Airport Hold Room - DJA.docx

TABLES

Table 1: Summary of Laboratory Results ............................................................................. 6

Table 2: Fill Material Requirements ................................................................................... 11

APPENDICES Section I

Boring Location Plan

Section II

Key to Boring Logs

Boring Logs B-1 through B-3

Section III

Laboratory Test Results

Section IV

Geotechnical Test Methods

Subsurface Exploration and Geotechnical Evaluation

Charlottesville Albemarle Airport – Hold Room & Circulation Expansion



Page | 1 of 13

1.0 AUTHORIZATION

Draper Aden Associates is pleased to present our report of the geotechnical study completed for

the proposed Hold Room and Circulation Expansion at the Charlottesville Albemarle Airport in

Charlottesville, Virginia. This geotechnical study was completed in general accordance with

Draper Aden Associates’ letter proposal, dated March 21st, 2014.





Page | 2 of 13

2.0 OBJECTIVE AND SCOPE OF SERVICES

The objective of this study was to generally characterize subsurface conditions to provide

information and develop geotechnical engineering recommendations related to the subsurface

soil conditions, groundwater conditions, foundation design, and construction. Our scope of

services included:

� A subsurface exploration consisting of three (3) exploratory soil borings with

Standard Penetration Testing (SPT) advanced to a depths ranging from 15 to 30 feet

below existing grade.

� Laboratory testing of representative split-spoon samples in order to develop pertinent

data related to the on-site soils to support our design recommendations.

� Preparation of this geotechnical engineering report that summarizes our exploration

program, laboratory testing, and geotechnical recommendations.





Page | 3 of 13

3.0 SUBSURFACE EXPLORATION

3.1 General Site Description

The project site is located south and west of the existing hold room and circulation area, and east

of the taxiway. The site is located on an existing concrete slab and is relatively flat, with an

existing surface elevation of approximately 620 feet.

3.2 Exploration Program

Our exploration program was performed on May 5th, 2014. The approximate locations of the

three SPT borings are indicated on the Boring Location Plan included in Section I of the

Appendices. The subsurface borings, executed by Fishburne Drilling Inc., were logged and

observed by a Draper Aden Associates field representative. Appendix Section II contains logs of

the three borings prepared by Draper Aden Associates. Boring elevations included on the logs

were interpolated from the available site topography information.

During advancement of the three soil borings, utilizing the Mud Rotary Method, the subsurface

soils were continuously sampled for the first 10 feet and at intervals of 5 feet, thereafter. Split

spoon samples were taken by driving a 1⅜-inch-I.D. split spoon sampler in accordance with

ASTM D1586-11. The sampler was first seated 6 inches to penetrate loose cuttings and then

driven an additional 18 inches with a 140-pound hammer free falling 30 inches. The number of

hammer blows required to drive the sampler the middle 12 inches was designated as the

penetration resistance or N-value. The N-value provides an indication of the relative density of

the subsurface soil, and it is used in empirical geotechnical correlation to estimate the

approximate shear strength properties of the soils.

The soil test borings were backfilled with excavated spoil prior to departure from the site. No

long term groundwater measurements were taken as a part of this study.





Page | 4 of 13

4.0 SUBSURFACE CONDITIONS

4.1 Regional Geology

The project site is located within the Blue Ridge Physiographic province of Virginia. It is

bounded to the east by the Piedmont Physiographic province and to the west by the Valley and

Ridge Physiographic province. The formations of the Blue Ridge province were thrust into the

Paleozoic rocks of the Valley and Ridge Province during the Taconic, Acadian, and Alleghanian

Orogenies.

A range of igneous and metamorphic rocks make up the bedrock of the Blue Ridge province.

These rocks range in age from the Grenvillian (1.2 to 1.0 billion years ago (Ga)) to the Cambrian

(570 million years ago (Ma)). The igneous formations were created as the earth’s crust expanded

during early stages of the formation of the Iapetan Ocean. Magma found its way into the fissures

forming the igneous plutons we now observe. The metamorphic rocks were formed from the

subsequent compression of these igneous formations as well as newly placed sedimentary

formations and the compression of the Iapetan mid-ocean ridge.

4.2 Local Geology

According to the Geologic Map of Virginia (1993)1, According to the Geologic Map of Virginia

(1993), the site is generally underlain by metagraywacke of the Lynchburg Group. The

metagraywacke is generally described as quartzose schist, and conglomerate. Graded bedding,

cut-and-fill structures, and incomplete Bouma cycles are characteristic; conglomeratic lenses

occur throughout the unit.

4.3 Encountered Soil Conditions

4.3.1 General

Section II of the Appendices presents boring logs which represent the subsurface conditions

encountered at the time of exploration. Soil strata inferences, discussed below and indicated on

1 Rader, E.K., and Evans, N.H., editors, 1993, Geologic Map of Virginia: Virginia Division of Mineral

Resources.





Page | 5 of 13

the boring logs, represent an estimate of the subsurface conditions based on visual classifications

of soils and laboratory classification test results. It should be noted that the transitions between

soil strata are generally less distinct than shown on the boring logs and are interpolated between

the boring locations. For specific subsurface soil information refer to the boring logs.

4.3.2 Subsurface Soils

Approximately 8 inches of concrete was encountered at the surface of our field explorations. The

following descriptions generally describe the subsurface conditions encountered at our

exploration locations:

Stratum S1: The Stratum S1 soils consisted of fine-grained soils visually classified as Fat

CLAY (CH) with varying amounts of sand. The Stratum S1 material was encountered below the

concrete slab and extended to a depth of 28 feet below existing grade. The S1 material exhibited

N-values ranging from 4 to 21 blows per foot (bpf).

Stratum S2: Stratum S2 consisted of Silty SAND (SM) with mica. The Stratum S2 material was

encountered below the Stratum S1 soils and extended to our deepest boring termination depth of

30 feet below existing grade. The S2 material exhibited an N-value of 8 bpf.

4.4 Subsurface Water

Subsurface water was not encountered and is not expected to be encountered during building

construction. Note that groundwater levels may fluctuate due to rainfall, season, temperature and

other factors that are different from those prevailing at the time of our subsurface exploration. If

dewatering becomes an issue during construction the contractor should determine and employ

appropriate dewatering methods.





Page | 6 of 13

5.0 LABORATORY TEST RESULTS

Select split-spoon samples, obtained during our field exploration, were tested in accordance with

applicable American Society for Testing and Materials (ASTM) methods for Classification

(ASTM 2487), Percent passing No. 200 sieve (ASTM D1140), Natural Moisture Content

(ASTM D2216), and Atterberg Limits (ASTM D4318).

The following table summarizes the results of index laboratory testing conducted by Draper

Aden Associates’ U.S. Corps of Engineers Qualified Materials Testing Laboratory, which was

performed to aid in our design recommendations. Detailed laboratory results are contained

within Section III of the Appendices.

Table 1: Summary of Laboratory Results

Sample

ID

Sample

Depth

Natural

Moisture

Content

% Passing

the No. 200

Sieve

Atterberg Limits USCS Classification

L.L. P.L. P.I.

B-2 13'-20' 36.7% 74.8% 55 17 38 Fat CLAY with Sand (CH)

B-3 6'-10' 31.8% 56.3% 99 40 59 Sandy Fat CLAY (CH)





Page | 7 of 13

6.0 DESIGN RECOMMENDATIONS

The following conclusions and recommendations are made subject to the limitations set forth in

Section 8.0.

6.1 General

Our recommendations and geotechnical evaluations are based on observations made during our

subsurface explorations, results of the laboratory test program, our understanding of the proposed

construction, and experience with similar projects. Our foundation recommendations as well as

estimation of geotechnical design criteria have been developed based on laboratory data, using

generally established correlations and methods commonly exercised by members of the

geotechnical engineering profession. If building locations, loading conditions, or finish floor

elevations are changed, or differ from our assumptions, we request that we be advised and be

allowed to re-evaluate our recommendations. We request the opportunity to review the final

foundation design to verify that the intent of our recommendations is met.

6.2 Structure Characteristics

Based on information provided by the Structural Engineer, maximum column loads are expected

to be less than 25 kips.

6.3 Shallow Foundations

In our opinion, the proposed building can be supported by a shallow foundation system. We

recommend that foundations be designed based on a maximum net allowable bearing pressure of

2,500 pounds per square foot. We recommend minimum widths of 2 feet and 4 feet should be

adopted for continuous and spread footings, respectively, to reduce the potential for local shear

failures.

We anticipate that shallow foundations supporting column loads of up to approximately 25 kips,

when founded on approved subgrade that has been prepared, tested, and protected in accordance

with our recommendations, would experience total settlements no greater than 1 inch and

differential settlement no greater than a ½ inch.





Page | 8 of 13

Based on the result of our laboratory testing, the subgrade soils exhibit a high potential for

shrink-swell. We recommend that the footings bear a minimum of 36 inches below final exterior

grade to provide frost and shrink-swell protection. A coefficient of sliding friction of 0.30 may

be used for design for mass concrete on approved soil subgrade.

6.4 Slabs-on-Grade

The ground floor slabs may be designed as slabs-on-grade. We recommend that interior floor

slabs, protected from frost action, be underlain by a minimum 6-inch-thick granular base course

to provide uniform support and to act as a capillary break against moisture transmission through

the slab. Where slabs are exposed to exterior weather conditions, we recommend that the slabs

be underlain by a minimum thickness of 12 inches of processed granular material.

Turndown slab edges may bear at a depth of 24 inches below final exterior grade when underlain

with 12 inches of granular material.

The granular base course should consist of well-graded gravel or crushed rock with a maximum

nominal size of 1-inch and having less than 7 percent by weight passing the No. 200 sieve. The

base course should be compacted to at least 95 percent of its maximum dry unit weight as

measured by the standard Proctor test (ASTM D698).

Based on the results of our laboratory testing, slabs-on-grade founded on native soils with a

minimum 6-inch-thick base course may be designed based on a modulus of subgrade reaction of

100 psi/in.

If materials will be stored directly and permanently on the floor slab or a glued down impervious

floor covering will be utilized, such as tile and linoleum, a minimum 10-mil-thick vapor barrier

should be placed over the granular base course, prior to concrete placement, to reduce moisture

transmission through the slab and joints. If the vapor barrier is required, it may be preferable to

specify a base course of 4 inches of crushed stone covered by 2 inches of clean sand to reduce

puncturing of the membrane.





Page | 9 of 13

6.5 Slope Stability for Excavations

During construction excavation, the contractor must evaluate slope inclinations in accordance

with regulations established by Occupational Safety and Health Administration (OSHA). The

contractor’s “responsible person” must evaluate the slope protection requirements consistent

with the soils encountered and the means and methods of excavation and dewatering selected by

the contractor. Temporary spoil must be placed no closer than 10 feet from the surface edge of

an excavation. Spoil should be placed so that it channels rainwater and other run-off water away

from the excavation. Excavations shall be inspected and maintained by the contractor as

required by OSHA.

6.6 Seismic Considerations

Per our review of the International Building Code (IBC 2009); Section 1613.5.5 Site

Classification for Seismic Design, we recommend that this site be classified as Site Class D.

Based on our review of the US Seismic Hazard Map 2008, we recommend spectral acceleration

coefficients of 19.99 and 5.56 %g for Ss and S1 (for 0.2- and 1-second periods), respectively.





Page | 10 of 13

7.0 CONSTRUCTION CONSIDERATIONS

7.1 Demolition of Existing Utilities

All underground utilities and any other underground structures must be completely removed

from within and 10 feet beyond the footprint of the proposed Hold Room and Circulation

Expansion areas. The final excavated subgrade should be proof rolled and/or explored with

shallow test pits (1 to 2 feet deep) to confirm removal of all unsuitable material.

Backfill of the utilities should be completed in controlled lifts in accordance with Section 7.5

Fill Material, and compacted to a minimum of 98 percent of its respective maximum dry density

and within ±2 percentage points of its optimum moisture content as determined by a standard

Proctor test.

7.2 Site Preparation

Based on the results of our laboratory testing, the existing subgrade should be generally suitable

for earthwork activity. Prior to construction operations, all topsoil, roots, or other deleterious

non-soil material should be stripped within and five feet beyond the proposed footprint of areas

intended for foundations and slabs.

Proof rolling, observed and evaluated by a representative of the geotechnical engineer, should be

performed on subgrade areas intended for support of the structural fill material or pavement.

Soils designated as unsatisfactory following strength verification operations should be removed

and replaced as recommended by the Geotechnical Engineer or their designated representative.

Proof rolls should be performed using a 20- to 30-ton loaded truck or pneumatic-tired vehicle of

similar weight. Proof rolling should not be performed while the site is wet, frozen, or severely

dry. If conditions warrant, the extent of undercutting and/or in-place stabilization required can

be best determined by the geotechnical engineer at the time of construction.

7.3 Foundation Construction

Excavations should be made in such a way as to provide bearing surfaces free of loose, soft, or

wet soil and debris. We recommend that excavations for foundations be completed in manner





Page | 11 of 13

that will limit disturbance of the bearing surface. All loose soil at or below subgrade level

should be removed. Prior to placing forms and reinforcing, compact the bottom of foundations

level. Cease compaction if unstable or wet subgrade conditions develop. If low strength soils are

encountered during foundation construction, localized undercutting and/or in-place stabilization

of bearing subgrade may be required as assessed and recommended by the Geotechnical

Engineer or their designated representative. Foundation concrete must not be placed on frozen

soil. Backfilling of footings should occur as soon as practicable to limit water collection near the

base of the foundation and damage to the bearing surface.

7.4 Reuse of Onsite Soils

Based on the results of our borings and laboratory testing, upper on-site material is not suitable

for use as fill material under structures and foundations. The fill material obtained on- or off-site

should comply with the requirements contained in Section 7.5.

7.5 Fill Material

Fill material obtained on- or off-site should meet the requirements indicated in the table below.

When practical, requests to use soils that do not precisely meet requirements may be evaluated

by the geotechnical engineer.

Table 2: Fill Material Requirements

Fill Material Use Recommended USCS Material

Classifications Index Property Limitations

Under Structures, Foundations, and

Under Paved Sections, or as

Backfill

GW, GP, GC, GM, SW, SP, SC,

SM, CL, & ML

Less than 65% passing the No. 200

sieve & L.L. ≤ 50

General Site Grading GW, GP, GC, GM, SW, SP, SC,

SM, CL, ML, CH, & MH None

The maximum particle size of all fill material should be less than three inches largest dimension,

except in the uppermost lift of fill, where the maximum particle size should be less than two

inches largest dimension. Maximum sized particles should not be in excess of 20 percent of the

volume of the fill material, and such particles shall be well distributed throughout the mass. Fill

material shall not contain frozen masses of soil and shall not be placed on over-saturated, frozen,





Page | 12 of 13

or frost-covered subgrade. Fill material should be placed in such a way to provide positive

drainage from the fill area. Fill materials should be free of organics and debris.

Soil fill below pavements should be placed in a maximum of an 8-inch-thick loose lift and

compacted to a minimum of 95 percent of its respective maximum dry density and within ±2

percentage points of its optimum moisture content as determined by a standard Proctor test.

7.6 Field Observation

We recommend that the foundation construction be observed by our Geotechnical Engineer or

our qualified representative to observe that the required minimum soil requirements are met. For

greater continuity and proper implementation of the recommendations contained herein, we

recommend Draper Aden Associates be retained for construction observation services during this

project.





Page | 13 of 13

8.0 LIMITATIONS

This report has been prepared for the exclusive use of Gresham Smith and Partners and their

designated representatives for specific application to the Hold Room and Circulation Expansion

at Charlottesville Albemarle Airport in Charlottesville, Virginia. Our conclusions and

recommendations have been rendered in a manner consistent with the level and skill ordinarily

exercised by members of the geotechnical engineering profession in the Commonwealth of

Virginia at the time of our study. We make no other warranty, express or implied.

Our conclusions and recommendations are based on design information furnished to us and our

experience. They do not necessarily reflect variations in the subsurface conditions, which have

potential to exist intermediate of our borings and in unexplored areas of the site due to inherent

variability of the subsurface conditions in this geologic region, as well as past land use. Should

such variations become apparent during construction, it will be necessary for us to re-evaluate

our conclusions and recommendations based upon on-site observations of the conditions.

If changes are made in the location or nature of the structure, then the recommendations

presented in this report must not be considered valid unless the changes are reviewed by Draper

Aden Associates, and our recommendations are modified or verified in writing. We request the

opportunity to review the foundation plan, grading plan and applicable portions of the project

specifications when the design is finalized. This review will allow us to check whether these

documents are consistent with the intent of our recommendations. Draper Aden Associates is not

responsible for the conclusions, opinions or recommendations of others based on the data in this

report.

APPENDIX

Section I

Boring Location Plan

!A

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B-3

B-2B-1

100 Bowen Loop, Charlottesville VA 22911FIGURE

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BORING LOCATION MAPCHARLOTTESVILLE ALBEMARLE AIRPORT

Legend!A Approximate Boring Location

05/22/2014

APPENDIX

Section II

Key to Boring Logs

Boring Logs B-1 through B-3

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Boring Log

B -Page 1 of 1

Client:

Project:

Date:

DAA No.

Logged By:

Drill Type:

Drilled By:Location:

Depth

ft.

Elevation

ft.Legend Description

USCS

Symbol

SPTBlow

Count

N-

ValueNotes

0.0

-1.0

-2.0

-3.0

-4.0

-5.0

-6.0

-7.0

-8.0

-9.0

-10.0

-11.0

-12.0

-13.0

-14.0

-15.0

-16.0

620.0

618.0

616.0

614.0

612.0

610.0

608.0

606.0

604.0

8090 Villa Park DriveRichmond, Virginia 23228Phone: (804) 264-2228Fax: (804) 264-8773

1

Gresham Smith & Partners

10 South 6th Street, Suite 100, Richmond, VA 23219

Charlottesville Aitport - Hold Room

5/5/14

CV02141-16RI

JRJ

Mud Rotary

Fishburne Drilling

See Location Plan

CH

CH

-

6

10

6

4

5

5

6

6

5

5

6

6

7

7

7

4

4

4

5

4

4

4

7

16

10

10

14

8

8Subsurface water

not encountered

Concrete: approximately 8"

Sandy Fat CLAY: red-brown, damp, very stiff

to stiff

Fat CLAY with Sand: red-brown, damp,

medium stiff

Terminated: @ 15' below existing grade

Boring Log

B -Page 1 of 2

Client:

Project:

Date:

DAA No.

Logged By:

Drill Type:


Depth

ft.

Elevation


USCS

Symbol

SPTBlow

Count

N-

ValueNotes

0.0

-1.0

-2.0

-3.0

-4.0

-5.0

-6.0

-7.0

-8.0

-9.0

-10.0

-11.0

-12.0

-13.0

-14.0

-15.0

-16.0

-17.0

620.0

618.0

616.0

614.0

612.0

610.0

608.0

606.0

604.0


2




5/5/14

CV02141-16RI

JRJ

Mud Rotary

Fishburne Drilling

See Location Plan

CH

CH

-

3

3

5

3

5

5

6

5

6

6

6

5

5

6

6

2

2

2

5

3

3

3

6

6

10

12

11

4

6


Sandy Fat CLAY: red-brown, damp, stiff to

soft

Fat CLAY with Sand: red-brown and gray,

damp, medium stiff to very stiff

Boring Log

B -Page 2 of 2

Client:

Project:

Date:

DAA No.

Logged By:

Drill Type:


Depth

ft.

Elevation


USCS

Symbol

SPTBlow

Count

N-

ValueNotes

-18.0

-19.0

-20.0

-21.0

-22.0

-23.0

-24.0

-25.0

-26.0

-27.0

-28.0

-29.0

-30.0

-31.0

602.0

600.0

598.0

596.0

594.0

592.0

590.0


2




5/5/14

CV02141-16RI

JRJ

Mud Rotary

Fishburne Drilling

See Location Plan

SM

8

8

13

15

3

2

3

3

5

3

5

7

21

5

8Subsurface water

not encountered

Silty SAND: dark brown and red-brown,

micaceous, loose


Boring Log

B -Page 1 of 1

Client:

Project:

Date:

DAA No.

Logged By:

Drill Type:


Depth

ft.

Elevation


USCS

Symbol

SPTBlow

Count

N-

ValueNotes

0.0

-1.0

-2.0

-3.0

-4.0

-5.0

-6.0

-7.0

-8.0

-9.0

-10.0

-11.0

-12.0

-13.0

-14.0

-15.0

-16.0

620.0

618.0

616.0

614.0

612.0

610.0

608.0

606.0

604.0


3




5/5/14

CV02141-16RI

JRJ

Mud Rotary

Fishburne Drilling

See Location Plan

CH

CH

-

5

4

3

5

4

4

4

4

7

9

8

6

8

10

10

7

6

8

14

4

4

5

5

9

8

16

18

14

9Subsurface water

not encountered


Sandy Fat CLAY: red-brown and dark brown,

some gravel, damp, stiff to very stiff

Fat CLAY with Sand: red-brown, damp, stiff


APPENDIX

Section III

Laboratory Test Results

Soil Classification CalculationsGS&P- Charlottesville Albemarle Airport- GEOTECHDAA # CV02141-16RIPrepared By: ADC

Sample ID B-2

Sample Depth 13'-20'

Visual Sample Description Red-brown w/ White Mottles, Fat CLAY with Sand

Natural Moisture Content: ASTM D 2216

Pan ID 24

Pan Wt 186.16 grams

Pan + Soil (wet) 391.29 grams

Pan + Soil (dry) 336.23 grams

Natural Moisture Content 36.7%

Coarse or Fine Grained: ASTM D 422

Pan + Soil retained on No. 200 sieve (dry) 224.04 grams

Percent Passing No. 200 Sieve 74.8%



Soil Classifies as Fine-Grained Soil

Atterberg Limits: ASTM D 4318Liquid Limit

No of Blows 15 24 33

Pan ID 7 9 10

Pan Wt 11.20 11.18 11.28

Pan + Soil (wet) 21.49 20.54 21.74

Pan + Soil (dry) 17.65 17.19 18.17

Moisture Content 59.5% 55.6% 51.8%

Liquid Limit 56 55 54

Liquid Limit 55

Plastic LimitPan ID 29 30

Pan Weight 2.41 2.42

Pan + Soil (wet) 9.23 9.66

Pan + Soil (dry) 8.23 8.58

Moisture Content 17.2% 17.5%

Plastic Limit 17

Plastic Index 38

USCS Classification: ASTM D 2487

Group Symbol CH

Group Name Fat CLAY with Sand

CV02141-16RI, B-2, 13'-20'

Page 1

5/21/2014

Grain Size Distribution CalculationsGS&P- Charlottesville Albemarle Airport- GEOTECHDAA # CV02141-16RIPrepared By: ADC

Sample ID B-2

Sample Depth 13'-20'

Mechanical Sieve Analysis: ASTM D 422

Sieve Weight Percent Sieve PercentSize Retained Retained Size, mm Passing

1" 0.00 0.0% 25.0 100.0%

3/4" 0.00 0.0% 19.0 100.0%

1/2" 0.00 0.0% 12.5 100.0%

3/8" 0.00 0.0% 9.5 100.0%

No. 4 0.42 0.3% 4.75 99.7%

No. 10 2.92 1.9% 2.0 97.8%

No. 40 12.72 8.5% 0.425 89.3%

No. 100 15.12 10.1% 0.15 79.2%

No. 200 6.78 4.5% 0.075 74.7%

Pan 0.10 0.1%

Total 38.06 25.3%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

0.00.11.010.0100.0

Perc

en

t P

assin

g

Sieve Size, mm

Sieve Analysis

Gravel Sand Silt & Clay

CV02141-16RI, B-2, 13'-20'

Page 2

Soil Classification CalculationsGS&P- Charlottesville Albemarle Airport- GEOTECHDAA # CV02141-16RIPrepared By: ADC

Sample ID B-3

Sample Depth 6'-10'

Visual Sample Description Red-brown Sandy Fat CLAY

Natural Moisture Content: ASTM D 2216

Pan ID 27

Pan Wt 193.76 grams

Pan + Soil (wet) 444.70 grams

Pan + Soil (dry) 384.11 grams

Natural Moisture Content 31.8%

Coarse or Fine Grained: ASTM D 422





Soil Classifies as Fine-Grained Soil

Atterberg Limits: ASTM D 4318Liquid Limit

No of Blows 15 28 31

Pan ID 72 5 1

Pan Wt 11.11 11.13 11.26

Pan + Soil (wet) 25.73 24.76 25.47

Pan + Soil (dry) 18.23 18.03 18.53

Moisture Content 105.3% 97.5% 95.5%

Liquid Limit 99 99 98

Liquid Limit 99

Plastic LimitPan ID 23 52

Pan Weight 4.36 2.42

Pan + Soil (wet) 17.59 11.96

Pan + Soil (dry) 13.80 9.24

Moisture Content 40.1% 39.8%

Plastic Limit 40

Plastic Index 59

USCS Classification: ASTM D 2487

Group Symbol CH

Group Name Sandy Fat CLAY

CV02141-16RI, B-3, 6'-10'

Page 1

5/21/2014

Grain Size Distribution CalculationsGS&P- Charlottesville Albemarle Airport- GEOTECHDAA # CV02141-16RIPrepared By: ADC

Sample ID B-3

Sample Depth 6'-10'

Mechanical Sieve Analysis: ASTM D 422

Sieve Weight Percent Sieve PercentSize Retained Retained Size, mm Passing

1" 0.00 0.0% 25.0 100.0%

3/4" 0.00 0.0% 19.0 100.0%

1/2" 0.00 0.0% 12.5 100.0%

3/8" 0.00 0.0% 9.5 100.0%

No. 4 0.29 0.2% 4.75 99.8%

No. 10 7.23 3.8% 2.0 96.0%

No. 40 21.02 11.0% 0.425 85.0%

No. 100 31.17 16.4% 0.15 68.6%

No. 200 21.89 11.5% 0.075 57.1%

Pan 1.86 1.0%

Total 83.46 42.9%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

0.00.11.010.0100.0

Perc

en

t P

assin

g

Sieve Size, mm

Sieve Analysis

Gravel Sand Silt & Clay

CV02141-16RI, B-3, 6'-10'

Page 2

APPENDIX

Section IV

Geotechnical Test Methods

Standard Penetration Test

Split Spoon Sampling is an in-situ technique of obtaining samples of both cohesive and cohesionless soils. The sample is taken by actually driving the split spoon sampler into the “undisturbed” soil at the bottom of the bore hole.

The bore hole is advanced using a hollow stem auger.

The Split Spoon Sampler is made up of a split steel barrel with a ball check valve in the head for venting and a

hardened steel shoe for driving. A spring sample retainer is used between the shoe and the barrel to retain any loose

or flowing materials. After the sampler is driven, the head and the shoe are removed and the barrel opens into two

halves exposing the entire sample.

The use of a 140 lb. drive weight falling freely 30" to drive the 2" O.D. (1-3/8" I.D.) split spoon sampler a

distance of one foot is known as the Standard Penetration Test. Once the sampler is lowered to the bottom of the

borehole, the sampler is driven continuously for 18". The number of blows required by the 140 lb. weight to drive

the sampler is recorded. Separate counts are made for the second 6" and the third 6" with the first 6" considered to be seating the sampler. An N-Value is obtained by adding the second and third 6" intervals and recorded. The N-Value correlation is shown below:

Standard Penetration Test Diagram

Soil Strength

Relative DensityCoarse Grained Soil, SAND

N-Value Relative Density

0-4

5-10

11-30

31-50

>50

Very Loose

Loose

Medium Dense

Dense

Very Dense

ConsistencyFine Grained Soil, SILT or CLAY

N-Value Relative Density

0-1

2-4

5-8

9-15

16-29

Very Soft

Soft

Medium Stiff

Stiff

Very Stiff

>29 Hard

SPT performed in accordance with ASTM D1586,Standard Method for Penetration Test and Split-BarrelSampling of Soils.

30" Drive Weight FreeFa ll Distance

140 lb. Drive Weight

3-1/4" Hollow Stem Auger

2" O.D. Split Spoon Samplerin undisturbed soil

Moisture Content

Moisture Content

Naturally occurring soils nearly always contain water as part of their structure. The moisture content of a soil is assumed

to be the amount of water within the pore space between the soil grains which is removable by oven drying at 110oC,

expressed as a percentage of the mass of dry soil. By ‘dry’ is meant the result of oven drying at that temperature to constant

mass, usually for a period of about 12-14 hours. In non-cohesive granular soils, this procedure removes all water present.

There are several ways in which water is held in cohesive soils, which contain clay minerals existing as plate-like

particles of less than 2�m across. The shape and very small size of these particles, and their chemical composition, enable

them to combine with or hold on to water by several complex means as follows:

1) Adsorbed water is held on the surface of the particle by powerful forces of electrical attraction and virtually in a

solid state. This water cannot be removed by oven drying at 110oC, and may, therefore, be considered a part of the

solid soil grain.

2) Water which is not so tightly held and can be removed by oven drying, but not by air drying.

3) Capillary water, held by surface tension, generally removable by air drying.

4) Gravitational water, which can move within the voids between soil grains, is removable by drainage.

5) Chemically combined water, in the form of water of hydration within the crystal structure. Except for gypsum, andsome tropical clays, this water is not generally removable by oven drying.

Moisture content is usually expressed as a percentage, always on the basis of oven-dry mass of soil. The equation for the determination of moisture content is:

w(%) =

mw

md

x100

where ,

m w = mass of water removed at 110o C.

md = mass of dried soil

The following ASTM (American Society for Testing and Materials) apply to moisture content determinations: ASTM D2216-90 Laboratory Determination of Water Content of Soil and Rock ASTM D4959 -89 Determination of Water Content of Soil By Direct Heating Method

ASTM D4643-87 Determination of Water Content of Soil by the Microwave Oven Method ASTM D3017-88 Water Content of Soil and Rock in Place by Nuclear Methods

Particle Distribution

Particle Distribution

A soil consists of an assemblage of discrete particles of various shapes and sizes. The object of a particle size analysis is

to group these particles into separate ranges of sizes, and so determine the relative proportions, by dry weight, of each size range.

Particle size analyses consist of two separate and quite different procedures in order to span the very wide range of

particle sizes which are encountered. These are sieving and sedimentation procedures. Sieving is used for gravel and sand size

(coarse) particles, which can be separated into different size ranges with a series of standard aperture openings. Sieving

cannot be used for the very much smaller silt and clay size (fine) particles, so a sedimentation procedure is used instead.

Measurements of the density of the suspension are made using a hydrometer.

For soils containing both coarse and fine particles, composite tests using both sieving and sedimentation methods may be

used if a full particle size distribution analyses is required. Particle size testing can range from a simple sieving test on a

‘clean’ sand and gravel, to elaborate composite tests on clay-silt-sand-gravel mixtures.

Presentation of particle size distribution data may include a table showing the percentages, by dry weight, of particles finer than certain standard sizes and may include a graphical presentation of the percentages plotted against the particle size on a logarithmic scale. An example of the graphical presentation with respective particle sizes follows:

Sieve Size, mm

Perc

ent

Passin

g

0 .0 %

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

0.0010 .010.111 01 0 0

Gravel Sand Silt Clay

76mm 4.75mm 75µm 5µm

Sieve Analysis

Particle size analyses are performed in accordance with ASTM D422-63, Standard Test Method for Particle-Size

Analysis of Soils or ASTM C136-84, Standard Method for Sieve Analysis of Fine and Coarse Aggregates.

Atterberg Limits

Atterberg Limits

The condition of a clay soil can be altered by changing the moisture content; the softening of clay by the addition of

water is a well known example. For every clay soil there is a range of moisture contents within which the clay is of a plastic

consistency, and the Atterberg limits provide a means of measuring and describing the plasticity range in numerical terms.

If sufficient water is mixed with a clay, it can be made into a slurry, which behaves as a viscous liquid. This is known as

the ‘liquid’ state. If the moisture content is gradually reduced by allowing it to dry out slowly, the clay eventually begins to

hold together and to offer some resistance to deformation; this is the ‘plastic’ state. With further loss of water the clay shrinks

and the stiffness increases until there is little plasticity left, and the clay becomes brittle; this is the ‘semi-solid’ state. As

drying continues, the clay continues to shrink in proportion to the amount of water lost, until it reaches the minimum volume

attainable by this process. Beyond that point further drying results in no further decrease in volume, and this is called the

‘solid’ state.

These four states, or phases, are shown diagrammatically below. The change from one phase to the next is not observable

as a precise boundary, but takes place as a gradual transition. Nevertheless three arbitrary but specific boundaries have been

established empirically, as indicated below, and are universally recognized. The moisture contents at these boundaries are

known as the Liquid Limit (LL), Plastic Limit (PL) and the Shrinkage Limit (SL).

The moisture content range between the PL and the LL is known as the Plastic Index (PI), and is a measure of the

plasticity of the clay. Cohesionless soils have no plasticity phase, so their PI is zero.

0Moisture Content Increasing

Solid State Semi-solid

State

Plastic State Liquid State

Dry

soil

Shrinkage

Limit

SL

Plastic

Limit

PL

Liquid

Limit

LL

Plastic Index

PI

Atterberg limits are performed in accordance with ASTM D4318-84, Standard Test Method for Liquid Limit, Plastic

Limit and Plasticity Index of Soils.



Charlottesville, VA


BID FORM


TO: Melinda Crawford

Executive Director

Charlottesville-Albemarle Airport Authority

100 Bowen Loop, Suite 200

Charlottesville, Virginia 22911

Pursuant to and in compliance with the Invitation to Bid and the proposed Contract Documents relating to

construction of:

Charlottesville – Albemarle Airport Terminal Renovations and Additions

100 Bowen Loop

Charlottesville, Virginia 22911

BIDDER: _________________________________________________________

BIDDER _________________________________________________________

ADDRESS:

_________________________________________________________

DATE: _________________________________________________________

BIDDER’S REPRESENTATIVE (to be contacted for coordination and information)

___________________________________ __________________________

(Name) (Telephone Number)

___________________________________ __________________________

(Email) (Facsimile Number)

The undersigned, having become thoroughly familiar with the terms and conditions of the proposed Con-

tract Documents and with local conditions affecting the performance and costs of the Work at the place

where the Work is to be completed, and having fully inspected the site in all particulars, hereby proposes

and agrees to fully perform the Work within the time stated and in strict accordance with the proposed

Contract Documents, including furnishing any and all labor and materials, and to do all of the work re-

quired to construct and complete said Work in accordance with the Contract Documents, for the following

sum of money:

A. TOTAL COST FOR ADDITIONS TO EXISTING FACILITY – FIRST FLOOR

EXPANSION portion of the work INCLUDED in the lump sum TOTAL PROJECT below.

______________________________________________________Dollars ($_________________)



Charlottesville, VA


BID FORM


B. TOTAL COST FOR ADDITIONS TO EXISTING FACILITY – SECOND FLOOR

INFILL portion of the work INCLUDED in the lump sum TOTAL PROJECT below.

______________________________________________________Dollars ($_________________)

C. TOTAL COST FOR TERMINAL RENOVATIONS – FIRST FLOOR RESTROOMS

portion of the work INCLUDED in the lump sum TOTAL PROJECT below.

______________________________________________________Dollars ($_________________)

D. TOTAL COST FOR TERMINAL RENOVATIONS – SECURITY CHECKPOINT

portion of the work INCLUDED in the lump sum TOTAL PROJECT below.

______________________________________________________Dollars ($_________________)

E. TOTAL COST FOR ADMINISTRATION AREA TERMINAL RENOVATIONS portion

of the work INCLUDED in the lump sum TOTAL PROJECT below.

______________________________________________________Dollars ($_________________)

F. BID ALTERNATE No. 1 – LAVATORY FAUCET: Change of lavatory faucet and addition

of paper towel dispensers and electric hand dryers. This includes all work as defined in the

Alternate Breakdown Drawing AS0.1 and further defined in the Bid Documents, and in general

includes change from a combination lavatory faucet/hand dryer to a lavatory faucet without

hand drying feature, plus the addition of paper towel dispensers and wall mounted electric hand

dryers.

If the Owner elects to proceed with Alternate No. 1, add the sum of:

______________________________________________________Dollars ($_________________)



Charlottesville, VA


BID FORM


G. BID ALTERNATE No. 2 – ROOFING MEMBRANE WARRANTY: Change roofing

warranty period. This includes all work as defined in the Alternate Breakdown Drawing AS0.1

and further defined in the Bid Documents.


______________________________________________________Dollars ($_________________)

H. BID ALTERNATE No. 3 – TERRAZZO STRIPPING AND SEALING: Strip and seal

existing terrazzo. This includes all work as defined in the Alternate Breakdown Drawing AS0.1

and further defined in the Bid Documents.


______________________________________________________Dollars ($_________________)

I. NOT USED.

J. BID ALTERNATE No. 4 – TERRAZZO POLISHING: Strip, grind and polish existing

terrazzo. This includes all work as defined in the Alternate Breakdown Drawing AS0.1 and

further defined in the Bid Documents.


______________________________________________________Dollars ($_________________)

K. TOTAL LUMP SUM BID for TOTAL PROJECT

Items A + B + C + D + E + F + G + h + J as defined above = TOTAL LUMP SUM BID

$__________________________________ (Figures)

___________________________________________________________________Dollars

(Written Amount)

L. We agree to enter into an Agreement with Owner within ten (10) days of the award of same to

us for the price named in our Bid.

M. It is expressly agreed by us that OWNER shall have the right to reject any and all Bids and to

waive any minor non-substantive errors in the Bid and accept the Bid in OWNERS interests.

N. In default of the performance on our part of the conditions of Bid, our failure to enter into an

Agreement with OWNER within the time above set, we herewith furnish a Bid Security in the

amount of $ , which shall be absolutely forfeited to OWNER but otherwise the

said Bid Security shall be returned.



Charlottesville, VA


BID FORM


O. The Contractor shall review the Construction Phasing drawings and shall recognize and

understand that the Airport is a 24 hour/day 7 day/week facility and conform to the requirements

for maintaining operations as indicated in the Contract Documents. If at any time during the

project the Security Screening Checkpoint area is not able to process passengers nor is

accessible and open to the public during regular operating hours, the Contractor shall pay the

Owner Five Hundred Dollars and No Cents ($500.00) per minute that this area is closed.

P. Contractor and Owner recognize that time is of the essence of this agreement and that the owner

will suffer financial loss if the work is not completed within the times specified, plus any

extensions thereof allowed in accordance with the contract documents. The parties also

recognize the delays, expense, and difficulties involved in proving in a legal or arbitration

preceding the actual loss suffered by the Owner if the work is not completed on time.

Accordingly, instead of requiring any such proof, owner and contractor agree that as liquidated

damages for delay (but not as penalty), contractor shall pay owner Five Hundred Dollars and

No Cents ($500.00) for each calendar day that expires after the time specified for substantial

completion until the work is substantially complete. After substantial completion, if contractor

shall neglect, refuse, or fail to complete the remaining work within the contract time or any

proper extension thereof granted by owner, contractor shall pay owner Five Hundred Dollars

and No Cents ($500.00) for each calendar day that expires after the time specified for final

completion and readiness for final payment until the work is completed and ready for final

payment.

Q. We agree to begin Work at any time we may be notified by the Owner, and substantially

complete all of the Work embraced in the Agreement within 420 Days of Notice to Proceed.

R. ADDENDA.

This will acknowledge receipt of the following addenda which are part of the Bidding Docu-

ments:

Addendum No. ________ Dated __________________________




S. The undersigned has read all sections under "Instructions to Bidders."

T. By signing the attached, the bidder certifies that a copy of the Contract Documents are in

the Bidder’s possession, and that all work called for in the Contract Documents will be

done in accordance with these Contract Documents.

U. CONTRACTOR'S REGISTRATION AND SIGNATURE

Registered Virginia Contractor Class and No.____________________________



Charlottesville, VA


BID FORM


(NOTE: FAILURE TO INCLUDE CONTRACTOR’S REGISTRATION NUMBER IS GROUNDS FOR

REJECTION OF THE BID.)

Contractor________________________________ Signed_______________________

Date_____________________________________ Title_________________________

NOTE: If Bidder is a corporation, write state of incorporation under signature.

MAILING ADDRESS AND TELEPHONE NUMBER OF BIDDER:

___________________________________________________________________________________

___________________________________________________________________________________

________________

( ) [Telephone]

V. Contractor shall refer to the FAA 150/5370-10F Part I GENERAL PROVISIONS FOR

FEDERALLY-FUNDED PROJECTS and acknowledge compliance. All bidders at Bid

Opening must include the information required this this Section within with their bid at Bid

Opening or their bid shall be deemed Non-Compliant.


Date_____________________________________

W. Contractor has read and acknowledges the special security measures summarized on sheet C0.1

of the Bid Documents and hereby indicates that they and all associated individuals under the

control of the Contractor shall comply with the requirements.


Date_____________________________________

END OF SECTION




Charlottesville, VA


BID BOND FORM – AIA A310


The "Bid Bond”, AIA Document A310, forms a part of the Construction Documents.

END OF SECTION




Charlottesville, VA


LIST OF SUBCONTRACTORS


The Undersigned states the following is a full and complete list of the proposed Subcontractors on this

Project and the class of work to be performed by each, and that such list will not be added to nor altered

without written consent of the Owner through the Engineer. Bidder is required to attach additional sheets

to indicate additional Subcontractors as necessary.

Subcontractor and Address

Class of Work

to be Performed

Percentage of Work

to be Performed

(1)

(2)

(3)

(4)

(5)

(6)

Dated: Bidder

By:

END OF SECTION




Charlottesville, VA


STATEMENT OF EXPERIENCE OF BIDDER


The Bidder is required to state what work of similar magnitude of character he has done, and to give

references that will enable the Owner to judge of his experience, skill and business standing and of his

ability to conduct the work as completely and as rapidly as required under the terms of the Contract. A

minimum of five (5) similar projects completed within the past ten (10) years shall be listed.

Project and Location Reference

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Dated:

Bidder

By:

END OF SECTION




Charlottesville, VA


DRUG-FREE WORKPLACE AFFIDAVIT OF PRIME BIDDER


STATE OF VIRGINIA Charlottesville-Albemarle Airport Terminal Renovations and Addition

COUNTY OF ALBEMARLE CHARLOTTESVILLE, VIRGINIA

NOW COMES AFFIANT, who being duly sworn, deposes and says:

1. He/She is the principal officer for _________________________________;

2. That the bidding entity has submitted a bid to the Charlottesville-Albemarle Airport Authority for

the construction of Terminal Renovations and Addition.

3. That the bidding entity employs no less than five (5) employees;

4. That Affiant certifies that the bidding entity has in effect, at the time of submission of its bid to

perform the construction referred to above, a drug-free workplace program that complies with

Virginia State Code.

5. That this Affidavit is made on personal knowledge.

Further Affiant saith not.

___________________________________

AFFIANT

SUBSCRIBED AND SWORN before me this ______ day of ____________________, 20____.

___________________________________

NOTARY PUBLIC

My Commission Expires: _______________

END OF SECTION




Charlottesville, VA


STATEMENT OF COMPLIANCE CERTIFICATE – ILLEGAL IMMIGRANTS


EACH CONTRACTOR BIDDING SHALL FILL IN AND SIGN THE FOLLOWING

This is to certify that ________________________________________________________ have fully

complied with all the requirements of Chapter No. 878 (House Bill No. 111 and Senate Bill No. 411)

which serves to amend Tennessee Code Annotated Tile 12, Chapter 4, Part I.

• All Bidders for construction services on this project shall be required to submit an affidavit (by

executing this compliance document) as part of their bid, which attests that such Bidder shall comply

with requirements of Chapter No. 878.

Signed:

State of )

) ss

County of )

Personally appeared before me, ___________________________________ the undersigned Notary

Public, ________________________________, the within named bargainor, with whom I am personally

acquainted, and known to me to be the President / Owner / Partner (as applicable) of the

___________________________________, Corporation, Partnership, Sole Proprietorship (as applicable)

and acknowledged to me that he executed the foregoing document for the purposes recited therein.

Witness my hand, at office, this ______________ day of _________________, 20____.

Notary Public

My commission expires _______________________

END OF SECTION


8/31/2014 150/5370-10F

1

Part 1 – General Provisions

Intentionally left blank

8/31/2014 150/5370-10F

Section 10 Definition of Terms 3 Charlottesville-Albemarle Terminal Renovations and Addition

Section 10 Definition of Terms

Whenever the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows:

10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHTO.

10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway.

10-03 ADVERTISEMENT. A public announcement, as required by state or local law, of the Invitation for Bids for work to be performed Public notice of the Invitation for Bids shall be given at least 10 days prior to the deadline set for receipt of bids, by posting on the Virginia Department of General Services’ central electronic procurement website, or other appropriate websites.

10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration.

10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron.

10-06 AIRPORT. Airport means the real property owned and operated by the Charlottesville-Albemarle Airport located in Charlottesville, Virginia, including all areas of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport.

10-07 ASTM. The American Society for Testing and Materials.

10-08 AWARD. The acceptance, by the Owner, of the successful bidder’s bid.

10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a bid for the work contemplated.

10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon.

10-11 CALENDAR DAY. Every day shown on the calendar.

10-12 CHANGE ORDER. A written order to the Contractor authorizing changes in the work, the contract price, or the time for performance, and establishing the basis of payment and contract time adjustment, if any, for any work affected by such changes. The work covered by a change order shall be within the scope of the contract.

10-13 CONTRACT. The written agreement between the parties, setting forth the terms and conditions for completion of the services and work to be performed. The Contract shall include the following documents (collectively, the “Contract Documents”): the written form of agreement

150/5370-10F 08/31/2014

4 Section 10 Definition of Terms Charlottesville-Albemarle Terminal Renovations and Addition

between the Contractor and the Owner; the Advertisement; the terms, conditions, specifications and other requirements set forth within the Owner’s Invitation for Bids; the Contractor’s Bid; Performance and Payment Bonds; and any other documents referenced in any of the foregoing or incorporated therein by reference.

10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract.

10-15 CONTRACT TIME. The number of calendar days or working days, stated in the bid, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the bid, in lieu of a number of calendar or working days, the contract shall be completed by that date.

10-16 CONTRACTOR. The individual, partnership, firm, or corporation responsible for the performance of the work contracted and for the payment of all legal debts pertaining to the work, whether acting directly or through lawful agents, subcontractors or employees.

10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area.

10-18 ARCHITECT. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for observation of the contract work and acting directly or through an authorized representative.

10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work.

10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Architect to be necessary to complete the work within the intended scope of the contract as previously modified.

10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative.

10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government.

10-24 INSPECTOR. An authorized representative of the Architect assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor.

10-25 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Architect is intended; and similarly, the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Architect, subject in each case to the concurrence of the Owner.

It is further understood that the Architect will not be responsible for the Contractor’s procedures, means or methods for accomplishing the work. If words such as “direct” or the like are used, they shall impart a result and not the means to the result.

8/31/2014 150/5370-10F


Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference.

10-26 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Architect.

10-27 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.

10-28 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the bid, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items.

10-29 MATERIALS. Any substance specified for use in the construction of the contract work.

10-30 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins.

10-31 OWNER. The term “Owner” shall mean the Charlottesville-Albemarle Airport Authority. For AIP contracts, the term “sponsor” shall have the same meaning as the term “Owner.” Where the term “Owner” is capitalized in this document, it shall mean airport owner or sponsor only.

10-32 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit.

10-33 PAYMENT BOND. The approved form of security furnished by the Contractor as a guaranty conditioned upon the Contractor’s prompt payment in full all bills, charges and accounts for materials furnished and labor supplied or performed in the furtherance of the work. The bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the Contractor to whom the contract is awarded, or to any subcontractors, in furtherance of the work provided for in the contract.

10-34 PERFORMANCE BOND. The approved form of security furnished by the Contractor as a guaranty conditioned upon the faithful performance of the Contract in strict conformity with the plans, specifications and conditions of the Contract.

10-35 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done; all such drawings and reproductions shall be deemed to identify requirements for the work, supplementary to the written specifications, and shall be part of the Contract documents.

10-36 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport.

10-37 BID. The written offer of the bidder, submitted on the approved bid form, to perform the contemplated work and furnish the necessary materials in accordance with the requirements of the IFB.

10-38 BID GUARANTY. The security furnished with a bid to guarantee that the bidder will enter into a contract if his/her bid is accepted by the Owner.

10-39 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft.

150/5370-10F 08/31/2014

6 Section 10 Definition of Terms Charlottesville-Albemarle Terminal Renovations and Addition

10-40 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall be deemed incorporated into the Contract Documents as if set forth verbatim.

10-41 SPONSOR. See definition above of “Owner.”

10-42 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein.

10-43 SUBGRADE. The soil that forms the pavement foundation.

10-44 SUPERINTENDENT. The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Architect, and who shall supervise and direct the construction.

10-45 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner adding additional work, or changing any requirements or specifications for the work, that would result in an increase or decrease of the total Contract Price, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract. A supplemental agreement must be approved by the Owner’s governing board, prior to the authorization of any Change Order relating to such work.

10-46 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor.

10-47 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport’s runways or aircraft parking areas.

10-48 WORK. The furnishing of all labor and other services, and all materials, tools, equipment, and incidentals necessary or convenient to the Contractor’s performance of the Contract in strict conformity with the plans, specifications and all other terms and conditions of the Contract Documents.

10-49 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract. When work is suspended for causes beyond the Contractor’s control, Saturdays, Sundays and holidays on which the Contractor’s forces engage in regular work, requiring the presence of an inspector, will be considered as working days.

10-101 ADDENDA. Written or graphic instruments issued by or on behalf of the Owner, prior to the opening of Bids, which clarify, explain, correct or otherwise change the information or requirements set forth within the Invitation for Bids. Upon issuance, an Addenda becomes part of the Invitation for Bids.

10-102 FAA ADVISORY CIRCULAR (AC). A document prepared by the Federal Aviation Administration to provide guidance and information in a designated aviation related subject area, including standards, materials, and/or methods. The current edition of AC’s, approved by the FAA can be found on the FAA Web Site at http://www.faa.gov/airports_airtraffic/airports/resources/advisory_circulars.

8/31/2014 150/5370-10F


10-103 INSTALL. Unless described otherwise in the plans or specifications, install shall mean to furnish the item(s) referenced and to provide all materials, labor, equipment, and tools necessary to establish the referenced items(s) in place and in the correct working order.

10-104 NOTICE OF AWARD. The written notice by the Owner to the apparent low bidder that they are the successful bidder and, that upon compliance with the contract conditions, the Owner intends to execute the contract with the Apparent Low Bidder.

10-105 SHOP DRAWINGS. All drawings, diagrams, illustrations, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work. All shop drawings shall be approved by the Contractor and submitted to the Architect for review and acceptance for reasonable conformance to the contract documents.

10-106 SUBCONTRACTOR. An individual, firm or corporation having a direct contract with the Contractor or with any other subcontractor for the performance of a part of the work at the site.

10-107 SUBSTANTIAL COMPLETION. The work has progressed to the point where, in the opinion of the Owner, it is sufficiently complete, in strict conformity with the Contract Documents, so that the Work can be utilized for the purposes for which it is intended.

10-108 VIRGINIA DEPARTMENT OF TRANSPORTATION ROAD AND BRIDGE SPECIFICATIONS, CURRENT EDITION. Means the Road and Bridge Specifications of the Commonwealth of Virginia, Department of Transportation, utilized for highway construction. When referenced in any technical specification for this project, such specifications shall be deemed incorporated into such specification, as if set forth therein verbatim.

10-109 VIRGINIA DEPARTMENT OF TRANSPORTATION ROAD AND BRIDGE STANDARDS, CURRENT EDITION. Means the Road and Bridge Standards of the Commonwealth of Virginia, Department of Transportation utilized for highway design and construction. When referenced on the plans and specifications, such standards shall be deemed incorporated into such plans and specifications, as if set forth therein verbatim.

END OF SECTION 10


8/31/2014 150/5370-10F

Section 20 Bid Requirements and Conditions 9 Charlottesville-Albemarle Terminal Renovations and Addition

Section 20 Bid Requirements and Conditions

20-01 ADVERTISEMENT (Notice to Bidders). A Copy of the Advertisement for the project has been incorporated in these specifications. See Section 00 1113.

20-02 RESPONSIBILITY OF BIDDERS. Following public opening and announcement of all bids received, the apparent low bidder will be required to furnish the Owner satisfactory evidence of responsibility. Such evidence, unless otherwise set forth herein, shall consist of statements identifying the bidder’s past experience on similar work; a list of equipment that will be available for the work; and a list of key personnel that will be available; a statement or report of the bidder’s financial resources and liabilities as of the last calendar year, or the Contractor’s last fiscal year, certified by a public accountant, accompanied by a written certification of the Contractor as to whether his financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder’s financial responsibility has changed, the bidder shall qualify the public accountant’s statement or report to report the bidder’s true financial condition at the time such qualified statement or report is submitted to the Owner.

20-03 ISSUANCE OF BID FORMS. The Owner shall furnish bidders with bid forms, and every bid shall be submitted on the Owner’s forms. All papers bound with or attached to the Owner’s bid forms are necessary parts and must not be detached.

The Invitation for Bids, and all of the terms, conditions, requirements, plans and specifications included therein, shall be deemed incorporated as a part of the bid whether attached or not.

20-04 DEBARMENT Prospective contractors may be debarred from participating in the competitive bidding process, in accordance with the written procedures approved by the Owner’s governing board, as most recently set forth within the Owner’s Procurement Policy and Purchasing Procedures, and in accordance with applicable federal and state laws and regulations. A copy of the Owner’s procedures is available to any bidder upon request.

20-05 INTERPRETATION OF ESTIMATED BID QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the bid. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of bids and the award of the contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices.

20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the bid, plans specifications, and all other terms and conditions set forth and referenced within the Invitation for Bids and Project Manual. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a bid shall be prima facie evidence that the bidder has made such examination and is satisfied as to the

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10 Section 20 Bid Requirements and Conditions XXX Project Name #####

conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications.

Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner’s design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner.

20-07 PREPARATION OF BID. The bidder shall submit his/her bid on the forms furnished by the Owner. All blank spaces in the bid forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the bid. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern.

The bidder shall sign his/her bid correctly and in ink. If the bid is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the bid shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a bid as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation.

As required by Virginia Code Sec. 2.2-4311.2 every bidder organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Virginia Code, must include within its bid submission the identification number issued to it by the Virginia State Corporation Commission. In the event a bidder does not have such a number, its bid submission must include a statement signed by an attorney licensed to practice within the Commonwealth of Virginia, describing shy the bidder is not required to be so authorized.

20-08 IRREGULAR BIDS. Bids shall be considered irregular, and therefore non-responsive, when they deviate from the exact requirements of the Invitation for Bids. Examples of irregularities that will cause a bid to be deemed nonresponsive include, but are not limited to the following:

a. If the bid is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if any part of the bid form is detached.

b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the bid incomplete, indefinite, or otherwise ambiguous.

c. If the bid does not contain a unit price for each pay item listed in the bid, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price.

d. If the bid contains unit prices that are obviously unbalanced.

e. If the bid is not accompanied by the bid guaranty specified by the Owner.

The Owner may, but is not required to, waive a minor defect or variation of a bid from the exact requirements of the Invitation for Bids, if such defect or variation does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

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20-09 BID BOND. Each separate bid shall be accompanied by a surety bond, certified check or cashier’ check in the amount not less than 5 percent (5%) of the Bid Price. Such surety bond shall protect the Owner, as obligee. A check shall be made payable to the Owner.

20-10 DELIVERY OF BID. Each bid submitted shall be placed in a sealed envelope plainly marked on its exterior with the following information: project name and number; airport name; the name and business address of the bidder, and the bidder’s Virginia licensed contractor number. When sent by mail, preferably registered, the sealed bid, marked as indicated above, should be enclosed in an additional envelope. No bid will be considered unless received at the place specified in the advertisement before the deadline specified for the Owner’s receipt of bids. Bids received after the deadline shall be returned to the bidder unopened.

20-11 WITHDRAWAL OR REVISION OF BIDS. A bidder may withdraw a bid at any time prior to the time scheduled for Bid Opening. After Bid Opening, a bidder may withdraw or revise a bid only in accordance with the provisions of Virginia Code 2.2-4330 and the procedure specified within Virginia Code 2.2-4330(B)(1). A bidder who seeks to withdraw or revise a bid after Bid Opening must give notice in writing of his claim of right to withdraw his bid, within two (2) business days after the conclusion of the Bid Opening and must submit original work papers along with such written notice.

20-12 PUBLIC OPENING OF BIDS. Bids shall be opened, and read, publicly at the date, time and place specified in the advertisement (“Bid Opening”). Bidders, their authorized agents, and other interested persons are invited to attend. Bids that were received after the deadline for receipt of bids shall be returned to the bidder unopened.

20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons:

a. Submitting more than one bid from the same partnership, firm, or corporation under the same or different name.

b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for the work referenced within the IFB, and for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder.

c. Lack of mandatory qualifications or experience set forth within the Invitation for Bids.

Any bidder disqualified from participation, shall be notified in writing of the Owner’s determination. Prior to any such disqualification, the Owner shall notify the bidder in writing of the results of its initial evaluation, disclose the factual support for its conclusions, and, if requested by the bidder within 5 business days after receipt of the notice, Owner shall allow the bidder an opportunity to inspect any documents that relate to the determination.

END OF SECTION 20


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Section 30 Award and Execution of Contract 13 Charlottesville-Albemarle Terminal Renovations and Addition

Section 30 Award and Execution of Contract

30-01 EVALUATION OF BIDS. After the bids are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the bid by the unit bid prices. If a bidder’s bid contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Bids will also be evaluated for compliance with special qualifications required for potential contractor(s), and for compliance with other requirements of the Invitation for Bids.

The Owner reserves the right to cancel or reject the Invitation for Bids and any or all bids received in response thereto. The Owner may, but is not required to waive informalities in any bid.

30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 90 calendar days of the date specified for publicly opening bids, unless otherwise specified herein.

Award of the contract may be made by the Owner to the lowest responsive and responsible bidder. When the terms and conditions of multiple awards are provided in the Invitation for Bids, awards may be made to more than one bidder.

30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of bid guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section.

30-04 RETURN OF BID GUARANTY. All bid guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF BIDS of this section. Bid guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder’s bid guaranty will be returned. The successful bidder’s bid guaranty will be returned as soon as the Owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section.

30-05 REQUIREMENTS OF CONTRACT PERFORMANCE AND PAYMENT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the Owner with (i) a performance bond, in the sum of the Contract Price, conditioned upon the faithful performance of the Contract in strict conformity with the plans, specifications, terms and conditions of the Contract, and (ii) a payment bond in the sum of the Contract Price, conditioned upon the prompt payment by the Contractor for all materials furnished or labor supplied or performed in the furtherance of the Work. Each of the bonds shall be executed by one or more surety companies selected by the Contractor that are authorized to do business within the Commonwealth of Virginia. The Contract Bonds shall remain in force for one year from date of final acceptance of the equipment, materials and construction. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract.

In addition to the required performance and payment bond, the Contractor will be required to give the Owner a one-year warranty covering workmanship and materials.

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30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section and proof of required insurance, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended.

30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with applicable laws, ordinances or regulations, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner’s approval to be bound by the successful bidder’s bid and the terms of the contract.

30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the bid bond/ guaranty.

30-09 INSURANCE. The Contractor shall, at its sole expense, purchase and maintain, and shall require all of its lower-tier subcontractors to purchase and maintain, in full force and effect during the performance of any contract issued hereunder, the following insurance :

WORKMEN'S COMPENSATION INSURANCE: (including employer's liability insurance) which complies with the laws of all states where services are rendered pursuant to any contract issued hereunder, and any state where employees performing such work are normally employed. .

COMMERCIAL GENERAL LIABILITY INSURANCE: written on an occurrence basis at limits of not less than:

General Aggregate $2,000,000

Products-Complete Operations Aggregate $2,000,000

Personal & Advertising Injury $1,000,000

Each Occurrence $1,000,000

\Fire Damage (Any One Fire) $ 50,000

Medical Expense (Any One Person) $ 5,000

Such insurance shall include, but shall not necessarily be limited to, specific coverage for contractual liability encompassing the indemnification provisions in Paragraph 30-10 INDEMNITY of Agreement, broad form property damage liability, and products, completed operations liability. The commercial general liability policy shall be endorsed to include the Owner and the Architect, including their officers and employees, as Additional Insured parties, and the Contractor shall provide the Owner with a copy of the endorsement(s).

AUTOMOBILE LIABILITY INSURANCE: providing liability coverage on a Symbol 1 basis (any auto) and uninsured motorists coverage on a Symbol 6 basis (owned autos subject to a compulsory uninsured motorists law) at limits of not less than $1,000,000.

BUILDERS' RISK “SPECIAL CAUSES OF LOSS” INSURANCE: For projects which include buildings, before commencement of the work, the Contractor and any subcontractor shall obtain for the period of the Construction Contract, Builders' Risk “Special causes of loss” Completed Value Insurance Coverage (including faulty workmanship, collapse, boiler and machinery, earthquake and flood) upon the entire project which is the subject of the Construction Contract.

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Such insurance shall be endorsed to include the Owner and the Architect, including their officers and employees, as Additional Insured parties, and the Contractor shall provide the Owner with a copy of the endorsement(s).

PROOF OF INSURANCE: Upon its execution of the Contract, the Contractor shall provide proof satisfactory to the Owner of all of the required insurance policies, and the Contractor shall also provide the Owner with copies of the required endorsements. This shall be furnished at the same time as Performance and Payment Bonds. Neither approval by the Owner, nor a failure to disapprove insurance furnished by the Contractor, shall release the Contractor from full responsibility for liability, damages, and accidents, as set forth herein.

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, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this agreement 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, 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 the 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.

DURATION OF INSURANCE COVERAGE. All insurance required under this section shall be and remain in full force and effect during the Contractor’s performance of the Contract, including any time extensions, and thereafter, during the Contractor’s one-year warranty period. In addition to any notice to which the Owner or Architect may be entitled as an additional insured party, the Contractor shall give notice to the Owner and Architect of any cancellation or modification of any of the required insurance policies, immediately upon Contractor’s receipt of such notice from its insurance provider(s).

30-10 INDEMNITY. In addition to the above requirements to obtain and maintain Insurance, the Contractor shall agree to hold harmless, indemnify and defend the Owner and Architect from all claims made against the Architect, the Owner, their officers, agents, and employees, which arise out of or alleged to arise from any action or omission of the Contractor, or any subcontractor, or any of their officers, employees, or agents, and any and all claims which result from any condition created or maintained by the Contractor or Subcontractor, or any of their officers, employees or agents, which condition was not specified to be created or maintained by this Contract. The agreement to hold Architect and the Owner, their officers, agents, and employees, harmless shall not be limited to the limits of the Liability Insurance required under the provisions of these Specifications or the Contract, of which these Specifications are made a part.

30-11 BIDDERS NOTICE. Bidders are hereby notified and agree by submission of their bid that should, after award of the contract, additional items not listed on the bid become necessary and require unit prices not originally established by the Bid, that the unit price of such items shall be negotiated and shall be directly proportional to the established unit prices of similar items in the bid.

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30-12 NEGOTIATION WITH LOW BIDDER. In the event the responsive bid from the lowest responsible bidder exceeds available funds, the Owner may negotiate with the apparent low bidder to obtain a contract price within the available funds. The procedures for such negotiations shall be as follows:

a. Owner, Architect, and apparent low bidder together will review the project and attempt to find mutually agreeable proposed changes that will effectively reduce the cost of the project.

b. Apparent low bidder will present reasonably documented and substantiated proposed deductions in project cost for each potential project change which will allow Owner to evaluate each proposed deduction.

c. The parties will attempt to negotiate and sign a reasonable contract for the entire project, the price of which does not exceed available funds.

END OF SECTION 30


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18 Section 40 Scope of Work Charlottesville-Albemarle Terminal Renovations and Addition

Section 40 Scope of Work

40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract.

40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Architect shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations that do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations that are for work within the general scope of the contract shall be covered by “Change Orders” issued by the Architect. Change orders for altered work shall include extensions of contract time where, in the Architect’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion.

40-03 OMITTED ITEMS. The Architect may, in the Owner’s best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement.

Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90.

40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called “Extra Work.” Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Architect’s opinion, is necessary for completion of such Extra Work.

When determined by the Architect to be in the Owner’s best interest, he may order the Contractor to proceed with Extra Work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90.

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Any claim or demand for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner.

40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor’s equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR’S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70.

With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport.

When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor’s performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway.

The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection.

The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items.

40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items.

Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Architect shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Architect in accordance with the provisions of the contract.

Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be used in the work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the work.

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20 Section 40 Scope of Work Charlottesville-Albemarle Terminal Renovations and Addition

40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either:

a. Use such material in another contract item, providing such use is approved by the Architect and is in conformance with the contract specifications applicable to such use; or,

b. Remove such material from the site, upon written approval of the Architect; or

c. Use such material for his/her own temporary construction on site; or,

d. Use such material as intended by the terms of the contract.

Should the Contractor wish to exercise option a., b., or c., he shall request the Architect’s approval in advance of such use.

Should the Architect approve the Contractor’s request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site.

Should the Architect approve the Contractor’s exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used.

It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option a., b., or c.

The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications.

40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner and the Architect agrees to such method of disposal which shall comply with all federal, state and local requirements.

END OF SECTION 40


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22 Section 50 Control of Work Charlottesville-Albemarle Terminal Renovations and Addition

Section 50 Control of Work

50-01 AUTHORITY OF THE ARCHITECT. The Architect shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Architect shall decide all questions that may arise as to the interpretation of the specifications or plans relating to the work. The Architect shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract.

The Architect does not have the authority to accept pavements that do not conform to FAA specification requirements.

Notwithstanding the foregoing, and notwithstanding any other similar provision within the Invitation for Bids and Contract Documents, the Owner reserves the right, at all time, to make all final decisions as to whether the Contractor’s performance of the Work is in strict conformity with the plans, specifications and conditions of the Contract. Except as evidenced by the Owner’s advance, written agreement, the Owner is not bound by any decisions, interpretations or actions of the Architect that would alter, amend, modify or waive any material aspect of the Contract or Contract Documents, including, without limitation, the price, quality, quantity or performance schedule for materials, services or construction. The Architect shall have no authority to sign any Change Order, Supplemental Agreement, or other Contract modification or amendment on behalf of Owner. In the event that the Owner disagrees with any decision, interpretation or action of the Architect, and the Owner has been promptly apprised thereof by the Architect and/or the Contractor, then the Owner shall notify the Architect and the Contractor of any such disagreement and shall provide direction as to how the Contractor is to proceed.

50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications.

If the Architect finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his/her determination that the affected work be accepted and remain in place. In this event, the Architect will document his/her determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. The Architect’s determination and recommended contract price adjustments will be based on good judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable.

If the Architect finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or

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Section 50 Control of Work 23 Charlottesville-Albemarle Terminal Renovations and Addition

otherwise corrected by and at the expense of the Contractor in accordance with the Owner’s and/or Architect’s written orders.

For the purpose of this subsection, the term “reasonably close conformity” shall not be construed as waiving the Contractor’s responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Architect’s responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor’s prosecution of the work, when, in the Architect’s opinion, such compliance is essential to provide an acceptable finished portion of the work.

For the purpose of this subsection, the term “reasonably close conformity” is also intended to provide the Architect with the authority, after consultation with the FAA, to use good judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications.

The Architect will not be responsible for the Contractor’s means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto.

50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern.

From time to time, discrepancies within cited standards for testing occur due to the timing of changing, editing, and replacing of standards. In the event the Contractor discovers any apparent discrepancy within standard test methods, he shall immediately call upon the Architect for his/her interpretation and decision, and such decision shall be final.

The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Architect for his/her interpretation and decision, and such decision shall be final.

50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with five copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction.

The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Architect and his/her representatives and with other contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Architect or his/her authorized representative.

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50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract.

When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed.

Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project.

The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.

50-06 CONSTRUCTION LAYOUT AND STAKES. The construction plans shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work.

The Contractor will be required to furnish all lines, grades and measurements from the control points necessary for the proper prosecution and control of the work contracted for under these specifications.

50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor.

Inspectors employed by the Owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Architect for his/her decision.

50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Architect. The Architect shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.

If the Architect requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor’s expense.

Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor’s expense unless the Owner’s representative failed to inspect after having been given reasonable notice in writing that the work was to be performed.

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Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract.

50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Architect as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section.

Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR’S RESPONSIBILITY FOR WORK of Section 70.

No removal work made under provision of this subsection shall be done without lines and grades having been given by the Architect. Work done contrary to the instructions of the Architect, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor’s expense.

Upon failure on the part of the Contractor to comply forthwith with any order of the Architect made under the provisions of this subsection, the Architect will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor.

50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment.

The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense.

50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times.

In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations.

All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work.

50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Architect shall immediately notify the Contractor of such noncompliance. Such

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notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists.

Should the Contractor fail to respond to the Architect’s notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor.

50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Architect to make final inspection of that unit. If the Architect finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may recommend to the Owner that the Owner accept it as being completed, and if the Owner agrees, the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the Contract. The Owner shall not be obligated to accept any requested partial occupancy, unless or until the Owner deems such acceptance to be in its best interests.

50-15 FINAL ACCEPTANCE. Upon receipt of due notice from the Contractor of presumptive completion of the entire project, the Architect and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in strict conformity with the plans, specifications, terms and conditions of the Contract, then such inspection shall constitute the final inspection. The Architect shall notify the Contractor in writing of final acceptance as of the date of the final inspection.

If, however, the inspection discloses any work, in whole or in part, as being incomplete or otherwise unsatisfactory, the Architect will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been completed. In such event, the Architect will recommend final acceptance to the Owner, and upon Owner’s concurrence, the Architect will notify the Contractor in writing of this acceptance as of the date of final inspection.

50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. Contractual claims, whether for money or other relief, shall be submitted by the Contractor to the Owner in writing, no later than 60 days after final payment, accompanied by all documentation and information supportive of the claim; PROVIDED HOWEVER: written notice of the Contractor’s intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. If such notification is not given, or the Owner is not afforded documentation and information supporting the claim, then the Contractor shall not be entitled to recovery on any such claim.

.

50-17 COST REDUCTION INCENTIVE. The provisions of this subsection will apply only to contracts awarded to the lowest bidder pursuant to competitive bidding.

On projects with original contract amounts in excess of $100,000, the Contractor may submit to the Architect, in writing, bids for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the cost of construction. The cost reduction bid shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, design and safety standards. This provision shall not apply unless the bid submitted is specifically identified by the Contractor as being presented for consideration as a value engineering bid.

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Not eligible for cost reduction bids are changes in the basic design of a pavement type, runway and taxiway lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or alignment that reduce the geometric standards of the project.

As a minimum, the following information shall be submitted by the Contractor with each bid:

a. A description of both existing contract requirements for performing the work and the proposed changes, with a discussion of the comparative advantages and disadvantages of each;

b. An itemization of the contract requirements that must be changed if the bid is adopted;

c. A detailed estimate of the cost of performing the work under the existing contract and under the proposed changes;

d. A statement of the time by which a change order adopting the bid must be issued;

e. A statement of the effect adoption of the bid will have on the time for completion of the contract; and

f. The contract items of work affected by the proposed changes, including any quantity variation attributable to them.

The Contractor may withdraw, in whole or in part, any cost reduction bid not accepted by the Architect, within the period specified in the bid. The provisions of this subsection shall not be construed to require the Architect to consider any cost reduction bid that may be submitted.

The Contractor shall continue to perform the work in accordance with the requirements of the contract until a change order incorporating the cost reduction bid has been issued. If a change order has not been issued by the date upon which the Contractor’s cost reduction bid specifies that a decision should be made, or such other date as the Contractor may subsequently have requested in writing, such cost reduction bid shall be deemed rejected.

The Architect shall be the sole judge of the acceptability of a cost reduction bid and of the estimated net savings from the adoption of all or any part of such bid. In determining the estimated net savings, the Architect may disregard the contract bid prices if, in the Architect’s judgment such prices do not represent a fair measure of the value of the work to be performed or deleted.

The Owner may require the Contractor to share in the Owner’s costs of investigating a cost reduction bid submitted by the Contractor as a condition of considering such bid. Where such a condition is imposed, the Contractor shall acknowledge acceptance of it in writing. Such acceptance shall constitute full authority for the Owner to deduct the cost of investigating a cost reduction bid from amounts payable to the Contractor under the contract.

If the Contractor’s cost reduction bid is accepted in whole or in part, such acceptance will be by a contract change order that shall specifically state that it is executed pursuant to this subsection. Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the cost reduction bid or such part of it as has been accepted and shall include any conditions upon which the Architect’s approval is based. The change order shall also set forth the estimated net savings attributable to the cost reduction bid. The net savings shall be determined as the difference in costs between the original contract costs for the involved work items and the costs occurring as a result of the proposed change. The change order shall also establish the net savings agreed upon and shall provide for adjustment in the contract price that will divide the net savings equally between the Contractor and the Owner.

The Contractor’s 50 percent share of the net savings shall constitute full compensation to the Contractor for the cost reduction bid and the performance of the work.

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Acceptance of the cost-reduction bid and performance of the cost-reduction work shall not extend the time of completion of the contract unless specifically provided for in the contract change order.

END OF SECTION 50


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30 Section 60 Control of Materials Charlottesville-Albemarle Terminal Renovations and Addition

Section 60 Control of Materials

60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed).

In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Architect as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials.

At the Architect’s option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources.

60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. Unless otherwise designated, all materials used in the work shall be approved by the Architect before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Architect shall be performed at the Contractor’s risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Architect, shall be removed at the Contractor’s expense. Unless otherwise designated, tests in accordance with the cited standard methods of ASTM, AASHTO, Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids, will be made by and at the expense of the Owner. The testing organizations performing on site field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor’s representative at his/her request. Unless otherwise designated, samples will be taken by a qualified representative of the Owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor’s representative at his/her request.

The Contractor shall employ a testing organization to perform all Contractor required tests. The Contractor shall submit to the Architect resumes on all testing organizations and individual persons who will be performing the tests. The Architect will determine if such persons are qualified. All the test data shall be reported to the Architect after the results are known. A legible, handwritten copy of all test data shall be given to the Architect daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the Architect showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests.

60-03 CERTIFICATION OF COMPLIANCE. The Architect may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer’s certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified.

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Section 60 Control of Materials 31 Charlottesville-Albemarle Terminal Renovations and Addition

Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not.

The form and distribution of certificates of compliance shall be as approved by the Architect.

When a material or assembly is specified by “brand name or equal” and the Contractor elects to furnish the specified “brand name,” the Contractor shall be required to furnish the manufacturer’s certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to:

a. Conformance to the specified performance, testing, quality or dimensional requirements; and,

b. Suitability of the material or assembly for the use intended in the contract work.

Should the Contractor propose to furnish an “or equal” material or assembly, he shall furnish the manufacturer’s certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Architect shall be the sole judge as to whether the proposed “or equal” is suitable for use in the work.

The Architect reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance.

60-04 PLANT INSPECTION. The Architect or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly.

Should the Architect conduct plant inspections, the following conditions shall exist:

a. The Architect shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials.

b. The Architect shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished.

It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The Architect shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications.

60-05 ARCHITECT’S FIELD OFFICE. Not Used.

60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Architect. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the Architect. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Architect a copy of the property owner’s permission.

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All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property.

60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Architect.

Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Architect has approved its used in the work.

60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified herein.

All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner-furnished materials shall be included in the unit price bid for the contract item in which such Owner-furnished material is used.

After any Owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor’s handling, storage, or use of such Owner-furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor’s handling, storage, or use of Owner-furnished materials.

60-09 SHOP DRAWINGS AND SAMPLES. As outlined in paragraph 10-105, the Contractor shall review and approve all shop drawings and submittals for conformance to the contract documents before submittal to the Architect. After reviewing the plans and specifications and/or verifying all field measurements, the Contractor shall submit to the Architect for review and approval copies of all shop drawings, certificates, and samples. These drawings shall bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission. The Contractor shall certify the following by placing a stamp or specific written indication on the shop drawings.

“This shop drawing has been reviewed by [Name of Contractor] and approved with respect to the means, methods, techniques, sequences, procedures of construction, safety precautions and programs incidental thereto. [Name of Contractor] also warrants that this shop drawing complies with the contract documents and comprises no variations thereto, unless noted below.”

“[Name of Contractor] certifies that this shop drawing complies with the buy America steel and manufactured products provisions of the Aviation Safety and Capacity Expansion Act of 1991. In accordance with this Act, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States.

Components mean those articles, materials, and supplies incorporated directly into steel and manufactured products.

The cost of components means the cost for production of the components, exclusive of final assembly.

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Section 60 Control of Materials 33 Charlottesville-Albemarle Terminal Renovations and Addition

The approximate percent of produce or manufacture in the United States is: %.”

All submissions shall be identified as the Architect may require. The data shown on the shop drawings shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Architect to review the information.

The Contractor shall also submit to the Architect for review and approval with such promptness as to cause no delay in work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission and shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended.

Before submission of each shop drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the work and the Contract Documents.

At the time of each submission, the Contractor shall give the Architect specific written notice of each variation that the shop drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each shop drawing submitted to the Architect for review and approval of each such variation.

For each shop drawing or sample submittal, the Contractor shall utilize a cover sheet similar in format and content to the “Sample Submittal Form” attached as an appendix to these specifications.

The Architect will review with reasonable promptness, shop drawings and samples, but the Architect's review will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor shall make corrections required by the Architect, and shall return the required number of corrected copies of shop drawings and submit as required new samples for review and approval. The Contractor shall direct specific attention, in writing, to revisions other than the corrections called for by the Architect on previous submittals.

The Architect's review of the shop drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has, in writing, called the Architect's attention to each such variation at the time of submission and the Architect has given written concurrence of each such variation by a specific written notation thereof, incorporated in, or accompanying the shop drawings or sample approval; nor will any review by the Architect relieve the Contractor from responsibility for errors or omissions in the shop drawings.

Where a shop drawing or sample is required by the Specifications, any related work performed prior to the Architect's review of the pertinent submission will be the sole expense and responsibility of the Contractor.

The Contractor shall submit shop drawings electronically, via the Architects Newforma/Info Exchange site.

Contractor shall submit electronic versions of each individual submittal to the Architect in a printable PDF format. Submittals that are larger than 11x17 shall be submitted with one hard

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copy in addition to the electronic version. Formatting of the PDF drawings shall be of the same size as the hard copy submittal.

The Contractor will be provided access to the Architect’s secured project hosting site (Newforma) via a personalized password protected account. This site utilizes a web browser interface that requires internet access, and an individual email account. The Architect will provide the Contractor with submittal protocol and process documentation for the hosting site when the account information is verified and configured by the Architect.

The Architect will return submittals electronically in PDF format.

The Contractor shall furnish one hard copy of each individual approved submittal as part of the final bound Operations and Maintenance Manuals, prior to the Final Inspection.

END OF SECTION 60


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36 Section 70 Legal Regulations and Responsibility to Public Charlottesville-Albemarle Terminal Renovations and Addition

Section 70 Legal Regulations and Responsibility to Public

70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees.

70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work.

70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work.

70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work.

Except as authorized by the Owner, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Architect.

A listing of utilities or other facilities which may be encountered during the work has been provided in this subsection:

FACILITIES AND UTILITIES

FACILITY PERSON TO CONTACT OR UTILITY (NAME AND TITLE) TELEPHONE TSA Equipment Jim Crockert (434) 973-9611

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Section 70 Legal Regulations and Responsibility to Public 37 Charlottesville-Albemarle Terminal Renovations and Addition

FAA Control Tower Doug Gaspar, Manager (434) 973-4458 Airport Facilities Bill Pahuta (434) 973-8342 Ext. 103

Director of Operations (434) 981-7944 - Cell Miss Utility P. O. Box 6894 (800) 552-7001 5206 Markel Road Richmond, Virginia 23230 Dominion Va. Power Anne Marie Knight (434) 972-6795 Sprint Teresa Bryant (434) 971-1371 Adelphia Richard Patterson (434) 817-8172 Albemarle Co. Service Peter Gorham (434) 977-4511 Ext. 115 Authority

Albemarle County Glenn Brooks (434) 296-5861 Engineer

Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Architect Owner, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work.

70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction.

Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to his/her health or safety. The Contractor shall make his/her site Safety Program available to all on-site personnel and visitors.

70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration.

The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore

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specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter.

70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified, barricades, warning signs, and markings for hazards that are in the air operations area shall be a maximum of 18 in high.

For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office).

When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Standards for Airport Markings.

The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction.

The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2.

The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Architect.

Open-flame type lights shall not be permitted within the air operations areas of the airport.

70-09 USE OF EXPLOSIVES. Not allowed.

70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Architect has witnessed or otherwise referenced their location and shall not move them until directed.

The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted.

When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner.

70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Architect and the Owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials

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in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the “Workmen’s Compensation Act,” or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his/her surety may be held until such suits, actions, or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance.

70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract.

70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such “phasing” of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the Owner.

The project phasing can be found in the construction plans.

Upon completion of any portion of the phased work, such portion shall be accepted by the Owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50.

No portion of the work may be opened by the Contractor for public use until ordered by the Architect in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Architect, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his/her expense.

The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work.

Contractor shall be required to conform to safety standards contained AC 150/5370-2, Operational Safety on Airports During Construction (See Special Provisions.)

Contractor shall refer to the approved safety plan to identify barricade requirements and other safety requirements prior to opening up sections of work to traffic.

70-14 CONTRACTOR’S RESPONSIBILITY FOR WORK. Until the Owner’s and Architect’s final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair,

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restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof.

If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury.

70-15 CONTRACTOR’S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities.

To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans.

It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service.

It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Architect.

In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners.

Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor’s opinion, the owner’s assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner’s PERSON TO CONTACT no later than two normal business days prior to the Contractor’s commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Architect.

The Contractor’s failure to give the two day’s notice hereinabove provided shall be cause for the Owner to suspend the Contractor’s operations in the general vicinity of a utility service or facility.

Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods within 3 feet (90 cm) of such

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outside limits at such points as may be required to ensure protection from damage due to the Contractor’s operations.

Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Architect and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Architect continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner.

The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety.

70-15.1 FAA FACILITIES AND CABLE RUNS. The Contractor is hereby advised that the construction limits of the project may include existing facilities and buried cable runs that are owned, operated and maintained by the FAA. The Contractor, during the prosecution of the project work, shall comply with the following:

a. The Contractor shall permit FAA maintenance personnel the right of access to the project work site for purposes of inspecting and maintaining all existing FAA owned facilities.

b. The Contractor shall notify the above named FAA Airway Facilities Point-of-Contact seven (7) calendar days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing buried cables and to schedule any required facility outages.

c. If prosecution of the project work requires a facility outage, the Contractor shall contact the above named FAA Point-of-Contact a minimum of 48 hours prior to the time of the required outage.

d. If prosecution of the project work results in damages to existing FAA equipment or cables, the Contractor shall repair the damaged item in conformance with FAA Airway Facilities’ standards to the satisfaction of the above named FAA Point-of-Contact.

e. If the project work requires the cutting or splicing of FAA owned cables, the above named FAA Point-of-Contact shall be contacted a minimum of 48 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA Airway Facilities representative on site to observe the splicing of the cables as a condition of acceptance. All cable splices are to be accomplished in accordance with FAA Airway Facilities’ specifications and require approval by the above named FAA Point-of-Contact as a condition of acceptance by the Owner. The Contractor is hereby advised that FAA Airway Facilities restricts the location of where splices may be installed. If a cable splice is required in a location that is not permitted by FAA Airway Facilities, the Contractor shall furnish and install a sufficient length of new cable that eliminates the need for any splice.

70-16 FURNISHING RIGHTS-OF-WAY. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor’s operations.

70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Architect, his/her authorized representatives, or any officials of the Owner

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either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner.

70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract to complete the project and the work in strict conformity with the plans, specifications, terms and conditions of the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach.

The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, and also for fraud, or such gross mistakes as may amount to fraud, or as regards the owner’s rights under any warranty or guaranty.

70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter.

70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior.

Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object that is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Architect. The Architect will immediately investigate the Contractor’s finding and the Owner will direct the Contractor to either resume his/her operations or to suspend operations as directed.

Should the Owner order suspension of the Contractor’s operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80.

70-21 REQUIRED CODE OF VIRGINIA CONTRACT PROVISIONS (FOR VIRGINIA PROJECTS ONLY)

§ 2.2-4311. Employment Discrimination by Contractor Prohibited.

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

(1982, c. 647, § 11-51; 2000, c. 628; 2001, c. 844.)

§2.2-4311.1. Compliance with federal immigration law.

The contractor, by signing the Contract, certifies that it does not, and shall not, during the performance of the Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

§ 2.2-4312. Drug-free Workplace to be Maintained by Contractor.

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

END OF SECTION 70


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Section 80 Prosecution and Progress 45 Charlottesville-Albemarle Terminal Renovations and Addition

Section 80 Prosecution and Progress

80-01 SUBLETTING OF CONTRACT. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Owner and/or Architect.

Should the Contractor elect to assign his/her contract, said assignment must be approved in advance by the surety and by the Owner. As part of any request made to the Owner, the Owner shall be presented with the specific assignment proposed. The Owner shall not be required to consent to any assignee that would not have been a responsible bidder had the assignee been the original participant in the procurement transaction. In case of approval, the Contractor shall file copies of all subcontracts with the Architect.

80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Architect Owner in the written notice to proceed, but in any event, the Contractor shall notify the Architect at least 24 48 hours in advance of the time actual construction operations will begin.

80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Architect’s approval 10 days before the preconstruction meeting. The Contractor’s progress schedule, when approved by the Architect, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the bid.

If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Architect’s request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Architect at least 24 48 hours in advance of resuming operations.

80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS (AOA) of the airport.

When the work requires the Contractor to conduct his/her operations within an AOA of the airport, the work shall be coordinated with airport operations (through the Architect) at least 48 hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the Architect and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70.

When the contract work requires the Contractor to work within an AIR OPERATION AREA of the airport on an intermittent basis (intermittent opening and closing of the AIRPORT operation AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATION AREA; immediately obey all

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46 Section 80 Prosecution and Progress Charlottesville-Albemarle Terminal Renovations and Addition

instructions to resume work in such AIR OPERATION AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor’s operations in the AIR OPERATION AREA until the satisfactory conditions are provided. The following AOA cannot be closed to operating aircraft to permit the Contractor’s operations on a continuous basis and will therefore be closed to aircraft operations intermittently as noted in the Phasing Plan Notes.

Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction (See Special Provisions).

80-04.1 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All Contractors’ operations shall be conducted in accordance with the project safety plan and the provisions set forth within the current version of Advisory Circular 150/5370-2. The safety plan included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a plan that details how it proposes to comply with the requirements presented within the safety plan.

The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks of the safety plan measures to assure compliance with the safety plan measures.

The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the safety plan and that they implement and maintain all necessary measures.

No deviation or modifications may be made to the approved safety plan unless approved in writing by the Owner or Architect.

80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications.

All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily.

Any person employed by the Contractor or by any subcontractor who violates any operational regulations and, in the opinion of the Owner, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Owner, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Owner.

Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Owner may suspend the work by written notice until compliance with such orders.

All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use.

When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications.

When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Architect. If the Contractor desires

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to use a method or type of equipment other than specified in the contract, he may request authority from the Architect to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Architect determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Architect may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection.

80-06 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract.

In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Architect’s order to suspend work to the effective date of the Architect’s order to resume the work. Claims for such compensation shall be filed with the Architect within the time period stated in the Architect’s order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Architect will forward the Contractor’s claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the contract, plans, or specifications.

If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport.

80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the bid and contract and shall be known as the CONTRACT TIME.

Should the contract time require extension for reasons beyond the Contractor’s control, it shall be adjusted as follows:

b. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Owner’s orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded.

At the time of final payment, the contract time may be adjusted in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the bid. Such increase in the contract time shall not consider either cost of work or the extension

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of contract time that has been covered by any change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance.

c. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed.

If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Architect for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded which could normally be expected during the contract period. The Contractor’s plea that insufficient time was specified is not a valid reason for extension of time. If the Architect finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion.

80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and bid as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional Architectural services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his/her contract.

Schedule Liquidated Damages Cost Allowed Construction Time

The maximum construction time allowed for Schedules will be the sum of the time allowed for individual schedules but not more than 420 days. (Note: this paragraph will be modified for each project.)

Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract.

80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor:

a. Fails to begin the work under the contract within the time specified in the “Notice to Proceed,” or

b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or

c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or

d. Discontinues the prosecution of the work, or

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e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or

f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or

g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or

h. Makes an assignment for the benefit of creditors, or

i. For any other cause whatsoever, fails to perform the Work in a manner that materially conforms to the strict requirements of the plans, specifications, terms and conditions of the contract.

Should the Architect consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor’s surety as to the reasons for considering the Contractor in default and the Owner’s intentions to terminate the contract.

If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Architect of the facts of such delay, neglect, or default and the Contractor’s failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Architect will be required for the completion of said contract in an acceptable manner.

All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess.

80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense.

When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered.

Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor.

Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Architect.

Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed.

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80-11 WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS. The Contractor shall obtain approval from the Architect prior to beginning any work in all areas of the airport. No operating runway, taxiway, or Air Operations Area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his/her work in such a manner as to insure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be stored a minimum of 400 feet from the centerline of an active runway. No equipment will be allowed to park within the approach area of an active runway at any time. No equipment shall be within 400 feet of an active runway at any time.

END OF SECTION 80


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52 Section 90 Measurement and Payment Charlottesville-Albemarle Terminal Renovations and Addition

Section 90 Measurement and Payment

90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Owner, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units.

The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good Architectural practice.

Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 sq ft (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Architect.

Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions.

Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. Pipe will be measured from interior face of downstream structure to interior face of upstream structure.

In computing volumes of excavation the average end area method or other acceptable methods will be used.

The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of in.

The term “ton” will mean the short ton consisting of 2,000 lb (907 km) avoirdupois. All materials that are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Architect. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Architect directs, and each truck shall bear a plainly legible identification mark.

Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Architect, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery.

When requested by the Contractor and approved by the Architect in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Architect and shall be agreed to by the Contractor before such method of measurement of pay quantities is used.

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Section 90 Measurement and Payment 53 Charlottesville-Albemarle Terminal Renovations and Addition

Bituminous materials will be measured by the gallon (liter) or ton (kg). When measured by volume, such volumes will be measured at 60 °F (15 °C) or will be corrected to the volume at 60 °F (15 °C) using ASTM D 1250 for asphalts or ASTM D 633 for tars.

Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work.

When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities.

Cement will be measured by the ton (kg) or hundredweight (km).

Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece.

The term “lump sum” when used as an item of payment will mean complete payment for the work described in the contract.

When a complete structure or structural unit (in effect, “lump sum” work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories.

Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Architect in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section.

When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted.

Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales.

Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted.

Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them.

Scale installations shall have available ten standard 50-pound (2.3 km) weights for testing the weighing equipment or suitable weights and devices for other approved equipment.

Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end.

Scales “overweighing” (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent.

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In the event inspection reveals the scales have been underweighing (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded.

All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project.

When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Architect. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions.

90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70.

When the “basis of payment” subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications.

90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the bid, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause.

90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Architect shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner.

Should the Architect omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Architect’s order to omit or nonperform such contract item.

Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Architect’s order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner.

In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Architect’s order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs.

90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract

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prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit.

a. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided.

b. Comparison of Record. The Contractor and the Architect shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Architect or their duly authorized representatives.

c. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Architect with duplicate itemized statements of the cost of such force account work detailed as follows:

(1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman.

(2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment.

(3) Quantities of materials, prices, and extensions.

(4) Transportation of materials.

(5) Cost of property damage, liability and workman’s compensation insurance premiums, unemployment insurance contributions, and social security tax.

Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor’s stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor.

90-06 PARTIAL (PROGRESS) PAYMENTS. Following receipt and approval by the Owner of a properly documented Application for Payment, Partial payments may be made to the Contractor at least once each month as the work progresses. Said payments will be evaluated by the Owner, based upon estimates, prepared by the Architect, of the value of the work performed and materials complete and in place in accordance with the contract, plans, and specifications, in accordance with the approved schedule of values for the Contract. Each partial payment shall be at least 95 percent (95%) of the earned sum. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. Contractor’s Applications for Payment shall be submitted to the Architect on AIA Document G702, or on another form that is similar in format and content. The Contractor shall include the actual percent of DBE subcontract work completed with each application. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars.

The Contractor is required to pay all subcontractors for satisfactory performance of their work no later than 7 days after the Contractor has received a partial payment. Thereafter, if Contractor’s agreements with its lower-tier subcontractors allow the Contractor to withhold retainage, the Contractor must ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 30 days after the subcontractor’s work is

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satisfactorily completed. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.

From the total of the amount determined to be payable on a partial payment, 5 percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor’s option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (95 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted.

Amounts withheld as retainage may be included in the final payment.

A bidder may elect to use an escrow account procedure for the retainage held by the Owner. In order for this option to be available to the Contractor, the Contractor must request the use of the escrow procedure as part of its bid, and must complete and sign an escrow agreement in a form approved by the Owner within 15 calendar days after receiving notice of the contract award. If the escrow agreement form is not submitted within the 15 day period, the Contractor shall forfeit his rights to the use of the escrow account procedure.

It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the bid or covered by approved change orders or supplemental agreements.

No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section.

The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim.

90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met:

a. The material has been stored or stockpiled in a manner acceptable to the Architect at or on an approved site.

b. The Contractor has furnished the Architect with acceptable evidence of the quantity and quality of such stored or stockpiled materials.

c. The Contractor has furnished the Architect with satisfactory evidence that the material and transportation costs have been paid.

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d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled.

e. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work.

It is understood and agreed that the transfer of title and the Owner’s payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications.

In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used.

No partial payment will be made for stored or stockpiled living or perishable plant materials.

The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection.

90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor’s option, if an Owner withholds retainage in accordance with the methods described in subsection 90-06 PARTIAL PAYMENTS, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner’s deposit of retainage into an escrow account is subject to the following conditions:

a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner.

b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment.

c. The Contractor shall enter into an escrow agreement satisfactory to the Owner.

d. The Contractor shall obtain the written consent of the surety to such agreement.

90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Architect will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Architect’s final estimate or advise the Architect of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Architect shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor’s receipt of the Architect’s final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Architect’s estimate under protest of the quantities in dispute, and such disputed quantities shall be present to and considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50.

After the Contractor has approved, or approved under protest, the Architect’s final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.

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If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with this Contract. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate.

The provisions of this section addressing the submission of claims, and the timing thereof, are subject to the notice and claim procedures referenced within the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50, and nothing in this section is intended to alter, modify or amend the notice and claim procedures referenced therein.

END OF SECTION 90

08/31/2014 PGL 10-02

Section 210 Buy American AIP Guidance 59 Charlottesville –Albemarle Terminal Renovations and Addition

Section 100 Contractor Quality Control Program

100-01 Not used. Refer to Section 01 4000 Quality Requirements.

Section 110 Method of Estimating Percentage of Material within Specification Limits (PWL)

110-01 GENERAL. Not Used.

Section 120 Nuclear Gauges 120-01 TESTING. Not used

Section 200 Federal Aviation Administration Special Provisions CONSTRUCTION CONTRACT ($100,000 AND OVER)

200 Not Used. Refer to Section 00 5200 and 00 7200.



Charlottesville, VA


CONTRACTING FORMS AND SUPPLEMENTS


A. The following documents prepared by the American Institute of Architects shall be used for the

work of this Project:

AIA A101 Owner-Contractor Agreement Form, Stipulated Sum (2007).

AIA A201 General Conditions of the Contract for Construction (2007).

AIA A305 Contractor's Qualification Statement (1986).

AIA A310 Bid Bond (1970).

AIA G701 Change Order (2001).

AIA G702 Application and Certificate for Payment (1992).

AIA G703 Continuation Sheet for G702 (1992).

AIA G704 Certification of Substantial Completion (2004).

AIA G706 Contractor's Affidavit of Payment of Debts and Claims (1994).

AIA G706A Contractor's Affidavit of Release of Liens (1994).

AIA G707 Consent of Surety to Final Payment (1994).

AIA G707A Consent of Surety to Reduction in or Partial Releases of Retainage (1994).

AIA G709 Proposal Request (2001).

AIA G710 Architect's Supplemental Instructions (1992).

AIA G714 Construction Change Directive (2007).

END OF SECTION


Document A101TM – 2007Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

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AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:49 on 08/28/2014 under Order No.5515771196_1 which expires on 08/09/2015, and is not for resale. User Notes: (842417260)

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ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

AIA Document A201™–2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

AGREEMENT made as of the day of in the year (In words, indicate day, month and year.)

BETWEEN the Owner:(Name, legal status, address and other information)

and the Contractor:(Name, legal status, address and other information)

for the following Project: (Name, location and detailed description)

Sample

The Architect:(Name, legal status, address and other information)

The Owner and Contractor agree as follows.

You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)

http://www.novapdf.com/

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TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

10 INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTSThe Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACTThe Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.)

If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner’s time requirement shall be as follows:

§ 3.2 The Contract Time shall be measured from the date of commencement.

§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.)



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Portion of Work Substantial Completion Date

, subject to adjustments of this Contract Time as provided in the Contract Documents.(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.)

ARTICLE 4 CONTRACT SUM§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the ContractDocuments and are hereby accepted by the Owner:(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

§ 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price Per Unit ($0.00)

§ 4.4 Allowances included in the Contract Sum, if any:(Identify allowance and state exclusions, if any, from the allowance price.)

Item Price

ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment.(Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported



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by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201™–2007, General Conditions of the Contract for Construction;

.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent ( %);

.3 Subtract the aggregate of previous payments made by the Owner; and

.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201–2007.

§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances:

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to thefull amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and(Section 9.8.5 of AIA Document A201–2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.)

.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201–2007.

§ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)

§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201–2007, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 a final Certificate for Payment has been issued by the Architect.

§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows:



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ARTICLE 6 DISPUTE RESOLUTION§ 6.1 INITIAL DECISION MAKERThe Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201–2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)

§ 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201–2007, the method of binding dispute resolution shall be as follows:(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.)

[ ] Arbitration pursuant to Section 15.4 of AIA Document A201–2007 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify)

ARTICLE 7 TERMINATION OR SUSPENSION§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2007.

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2007.

ARTICLE 8 MISCELLANEOUS PROVISIONS§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.(Insert rate of interest agreed upon, if any.)

%

§ 8.3 The Owner’s representative: (Name, address and other information)

§ 8.4 The Contractor’s representative:(Name, address and other information)



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§ 8.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days written notice to the other party.

§ 8.6 Other provisions:

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.

§ 9.1.1 The Agreement is this executed AIA Document A101–2007, Standard Form of Agreement Between Owner and Contractor.

§ 9.1.2 The General Conditions are AIA Document A201–2007, General Conditions of the Contract for Construction.

§ 9.1.3 The Supplementary and other Conditions of the Contract:

Document Title Date Pages

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

Section Title Date Pages

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

Number Title Date

§ 9.1.6 The Addenda, if any:

Number Date Pages

Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9.

§ 9.1.7 Additional documents, if any, forming part of the Contract Documents:

.1 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed by the parties, or the following:



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.2 Other documents, if any, listed below:

(List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201–2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.)

ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201–2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201–2007.)

Type of insurance or bond Limit of liability or bond amount ($0.00)

This Agreement entered into as of the day and year first written above.

OWNER (Signature) CONTRACTOR (Signature)

(Printed name and title) (Printed name and title)



Additions and Deletions Report forAIA

® Document A101TM – 2007

This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted fromthe original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.

Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 09:55:49 on 08/28/2014.

Additions and Deletions Report for AIA Document A101™ – 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:49 on 08/28/2014under Order No.5515771196_1 which expires on 08/09/2015, and is not for resale.User Notes: (842417260)

1

PAGE 1

Sample



AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:49 on 08/28/2014 under Order No.5515771196_1 which expires on 08/09/2015, and is not for resale.User Notes: (842417260)

1

Certification of Document’s Authenticity AIA® Document D401™ – 2003

I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 09:55:49 on 08/28/2014under Order No. 5515771196_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101™ – 2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report.

_____________________________________________________________(Signed)

_____________________________________________________________(Title)

_____________________________________________________________(Dated)





Charlottesville, VA


CONTRACT AGREEMENT FORM – AIA A101 (2007)


The "Standard Form of Agreement Between Owner and Contractor”, AIA Document A101-2007, forms

a part of the Construction Documents.

END OF SECTION




Charlottesville, VA


PERFORMANCE BOND


STANDARD PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That ____________________, the Contractor

(“Principal”) whose principal place of business is located at __________________________and

________________________________________ (“Surety”) whose address for delivery of

“Notices” is located at _______________________________________ are held and firmly bound

unto the Charlottesville-Albemarle Airport Authority, the Owner (“Obligee”) in the amount of

_____________________________________Dollars ($____________________) for the

payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,

successors and assigns, jointly and severally, firmly by these presents.

WHEREAS Principal has by written agreement dated _____________________ entered into a

contract with Obligee for Charlottesville-Albemarle Airport – Terminal renovations and Addition

which contract (the “Contract”) is by reference expressly made a part hereof.

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the

Principal shall promptly and faithfully perform said Contract in strict conformity with the plans,

specifications and conditions of the Contract, then this obligation shall be null and void; otherwise

it shall remain in full force and effect.

Provided, that any alterations which may be made in the terms of the Contract, or in the Work to

be done under it, or the giving by the Obligee of any extension of time for the performance of the

Contract, or any other alterations, extensions or forbearance on the part of either or both of the

Obligee or the Principal to the other shall not in any way release the Principal and the Surety, or

either of them, their heirs, executors, administrators, successors or assigns from their liability

hereunder, notice to the Surety of any such alterations, extension, or forbearance being hereby

waived.

No action shall be brought on this bond unless brought within one year after: (a) completion of the

Contract and all Work thereunder, including expiration of all warranties and guarantees, or (b)

discovery of the defect or breach of warranty or guarantee if the action be for such. The Surety

represents to the Principal and to the Obligee that it is legally authorized to do business in the

Commonwealth of Virginia.



Charlottesville, VA


PERFORMANCE BOND


Page 2 of 6

Signed and sealed this _____ day of _____

_____________________________________

Contractor/Principal (SEAL)

__________________________________ By: _________________________________

Witness Typed Name: _____________

Title: _____________

_______________________________________

Surety (SEAL)

By: _________________________________

Attorney-in-Fact

Typed Name: _____________



Charlottesville, VA


PERFORMANCE BOND


Page 3 of 6

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH OF VIRGINIA

CITY/COUNTY OF _____________

I, the undersigned notary public, do certify that __________________________, whose name is signed

to the foregoing performance bond in the sum of _____________ and dated _____________ and which

names the Charlottesville-Albemarle Airport Authority as Obligee, personally appeared before me today in

the above jurisdiction and made oath that he/she is the attorney-in-fact of

__________________________, a _____________ corporation which is the Surety in the foregoing bond,

that he/she is duly authorized to execute on the above Surety’s behalf the foregoing bond pursuant to the

Power of Attorney noted above and attached hereto, and on behalf of the surety, he/she acknowledged the

foregoing bond before me as to the above Surety’s act and deed.

He/she has further certified that his/her Power of Attorney has not been revoked.

[Complete if Power is recorded: Clerk’s Office: _____________;

Deed Book/Page No. or Instrument No.: _____________.]

Given under my hand this _____ day of _____ .

__________________________________

Notary Public (SEAL)

My name (printed) is: _____________

My registration number is: _____________

My commission expires: _____________

APPROVED:

______________________________________________

Charlottesville-Albemarle Airport Authority Date

TERMS AND CONDITIONS OF THE PERFORMANCE BOND

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors,

administrators, successors and assigns to the Owner for the prompt and faithful performance of the

Construction Contract, which is incorporated herein by reference.

2. If the Contractor promptly and faithfully performs the Construction Contract in strict conformity

with the plans, specifications and conditions of the Construction Contract, the Surety and the

Contractor shall have no obligations under this Bond.



Charlottesville, VA


PERFORMANCE BOND


Page 4 of 6

3. In the event of the Contractor’s Default, and subsequent notification to the Surety pursuant to

Section 41 of the General Conditions of the Construction Contract, the Surety shall, within fourteen

(14) days of receipt of such notice, contact the Owner in writing, and arrange a meeting with the

Owner to discuss methods of completing the Construction Contract. See paragraph 4, below for

the options to be discussed. If the Surety fails to arrange a meeting or fails to attend such meeting,

the Surety shall be deemed to be in default on this Bond and the Owner may, at its sole discretion,

take what measures it deems necessary to protect the Owner’s interests, without further notice to

the Surety, and the Owner shall be entitled to enforce any remedy available to the Owner under

the Construction Contract of under Virginia law.

4. Within thirty (30) days after such meeting, during which time the Surety may investigate and

otherwise analyze the project, and which period shall not toll any Construction Contract time

periods nor operate as a waiver of any of the Owner’s rights, the Surety shall, at its own expense,

notify the Owner in writing that it is taking one of the following actions, which shall be acceptable

to the Owner, at the Owner’s sole discretion:

4.1 By written takeover agreement with the Owner, the Surety itself shall undertake to perform

and complete the Construction Contract, which it may do through its licensed agents or

through licensed independent contractors. If the Owner, at its sole discretion, consents, the

Contractor may serve as the Surety’s independent contractor (however, due to conflicts

with the Virginia Public Procurement Act, the Owner may not directly contract with an

otherwise qualified independent contractor produced by the Surety); or

4.2 The Surety may, if acceptable to the Owner and at the Owner’s sole discretion, waive its

right to perform and complete the Construction Contract, and with reasonable promptness

under the circumstances:

4.2.1 Pay to the Owner all amounts for which it may be liable to the Owner as

surety on this Performance Bond, including the damages described in

paragraph 6 below; or

4.2.2 Deny liability, in whole or in part, and provide written notice thereof to

the Owner, citing reasons therefore.

5. If, after the meeting described in paragraph 4, above, the Surety does not proceed with reasonable

promptness with one of the options provided in subparagraphs 4.1 or 4.2 including their subparts),

above, the Owner may send additional written notice to the Surety demanding that the Surety

perform its obligations under the Bond. If the Surety does not proceed to perform its obligations

under the Bond within fifteen (15) days after receipt of said notice, the Surety shall be deemed to

be in default on this Bond. Thereafter, the Owner shall be entitled to enforce any remedy

unavailable to the Owner under the Bond, the Construction Contract or Virginia law. If the Surety

proceeds as provided in Subparagraph 4.2, and the Surety and the Owner are unable to agree as to

the amount for which the Surety may be liable to the owner, or if the Surety has denied liability,

in whole or in part, the Owner, without further notice, shall be entitled to enforce any remedy

available to the Owner under the Bond, the Construction Contract or Virginia law. In such event,

the owner may immediately proceed to complete the work in any manner authorized by law.



Charlottesville, VA


PERFORMANCE BOND


Page 5 of 6

6. After the Owner has terminated the Contractor’s right to complete the Construction Contract, and

if the Surety elects to act under Subparagraph 4.1 or 4.2.1., above, then the responsibilities of the

Surety to the Owner shall not be greater or less than those of the Contractor under the Construction

Contract, and the responsibilities of the Owner to the Surety shall not be greater or less than those

of the Owner under the Construction Contract. To the limit of the amount of this Bond, plus the

increased cost of any change orders under the Construction Contract, provided the Owner commits

the balance of the Construction Contract Price to the prompt and faithful completion of the

Construction Contract, the Surety is obligated without duplication for:

6.1 The responsibilities of the Contractor for correction of defective work and completion of

the Construction Contract;

6.2 Additional legal, design professional and delay costs resulting from the Contractor’s

Default, and resulting from the actions of failure to act of the Surety under Paragraph 4;

and

6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract,

actual damages caused by delayed performance or non-performance of the Contractor.

The Owner, at its sole discretion, may waive its claim to delay costs and/or liquidated damages.

7. The Surety shall not be liable to the owner for obligations of the Contractor that are unrelated to

the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on

account of any such unrelated obligations. No right of action shall accrue on this Bond to any

person or entity other than the Owner, its officers, agencies, administrators, successors or assigns.

8. The Surety hereby waives notice of any changes, including changes of time, to the Construction

Contract or to related subcontracts, purchase orders and other obligations. The Surety understands

and agrees that the penal amount of the bond shall be increased or decreased by any changes to

time and amount incorporated into any Change Orders.

9. Any proceeding by the Owner, legal or equitable, under this Bond may be instituted in any Virginia

state court of competent jurisdiction, as permitted under Section 8 of the General Conditions of the

Construction Contract and Virginia Code §§ 2.2-4337 and 4340, or by the Contractor or Surety, as

permitted under the Construction Contract or under Virginia law.

10. Notice to the Surety shall be mailed or delivered to the address shown on the Standard Performance

Bond in the space for Surety address for delivery of Notices.

11. When this Bond has been furnished to comply with a statutory or other legal requirement in the

location where the construction was to be performed, any provision in this Bond conflicting with

said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming

to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that

this Bond shall be construed as a statutory bond and not as a common bond when furnished to

comply with statutory requirements.

12. DEFINITIONS



Charlottesville, VA


PERFORMANCE BOND


Page 6 of 6

12.1 Balance of the Construction Contract Price: The total amount payable by the

Owner to the Contractor under the Construction Contract after all proper

adjustments have been made, reduced by all valid and proper payments made to or

on behalf of the Contractor under the Construction Contract.

12.2 Construction Contract: The agreement between the Owner and the Contractor

identified on the first page of the Standard Performance Bond, including all

Construction Contract Documents and duly executed modifications and change

orders thereto.

12.3 Contractor Default: Failure of the Contractor, as defined under Section 41 of the

General Conditions to the Construction Contract, which has neither been remedied,

as permitted under Section 41 at the Owner’s sole discretion, nor expressly waived

by the Owner, to perform or otherwise to comply with the terms of the

Construction Contract.

13. Nothing in these General Conditions shall prevent a surety from becoming involved in the

Construction Contract prior to termination, upon notice from the Owner of the Contractor’s failure

to promptly and faithfully perform the Construction Contract in strict conformity with the plans,

specifications and conditions of the Construction Contract.

4846-8447-1568, v. 1

END OF SECTION




Charlottesville, VA


PAYMENT BOND


STANDARD LABOR AND MATERIAL PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That _______________, the Contractor

(“Principal”) whose principal place of business is located

________________________________ and ________________________________

(“Surety”) whose address for delivery of “Notices” is located at

________________________________ are held and firmly bound unto the Charlottesville

Albemarle Airport Authority, the Owner (“Obligee”) in the amount of

____________________________________Dollars ($_________________________________)

for the payment whereof Principal and Surety bind themselves, their heirs, executors,

administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS,

Principal has by written agreement dated ______________________________ entered into a

contract with Obligee for the Charlottesville-Albemarle Airport – Terminal Renovations and

Additions which contract (the “Contract”) is by reference expressly made a part hereof;

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the

Principal shall promptly make payment to all claimants as hereinafter defined, for labor performed

and material furnished in the prosecution of the Work provided for in the Contract, then this

obligation shall be void; otherwise it shall remain in full force and effect, subject however, to the

following conditions:

The Principal and Surety, jointly and severally, hereby agree with Obligee as follows:

1. A “claimant” is defined as one having a direct contract with the Principal or with a

subcontractor of the Principal for labor, material, or both for use in the performance of

the Contract. A “subcontractors” of the Principal, for the purposes of this bond only,

includes not only those subcontractors having a direct contractual relationship with the

Principal, but also any other contractor who undertakes to participate in the Work

which the Principal is to perform under the aforesaid Contract, whether there are one

or more intervening subcontractors contractually positioned between it and the

Principal (for example, a subcontractor). “Labor” and “material” shall include, but not

be limited to, public utility services and reasonable rentals of equipment, but only for

periods when the equipment rented is actually used at the work site.

2. Subject to the provisions of paragraph 3, any claimant who has performed labor or

furnished material in accordance with the Contract documents in the prosecution of the

Work provided in the Contract, who has not been paid in full therefore before the



Charlottesville, VA


PAYMENT BOND


expiration of ninety (90) days after the day on which such claimant performed the last

of such labor or furnished the last of such materials for which he claims payment, may

bring an action on this bond to recover any amount due him for such labor or material,

and may prosecute such action to final judgment and have execution on the judgment.

The Obligee need not be a party to such action and shall not be liable for the payment

of any costs, fees or expenses of any such suit.

3. Any claimant who has a direct contractual relationship with any subcontractor of the

Principal from whom the Principal has not required a subcontractor payment bond, but

who has no contractual relationship, express or implied, with the Principal, may bring

an action on this bond only if he has given written notice to the Principal within one

hundred eighty (180) days from the day on which the claimant performed the last of

the labor or furnished the last of the materials for which he claims payment, stating

with substantial accuracy the amount claimed and the name of the person for whom the

Work was performed or to whom the material was furnished. Notice to the Principal

shall be served by registered or certified mail, postage prepaid, in an envelope

addressed to the Principal at any place where his office is regularly maintained for the

transaction of business. Claims for sums withheld as retainage with respect to labor

performed or materials furnished shall not be subject to the time limitations state in this

paragraph 3.

4. No suit or action shall be commenced hereunder by any claimant:

a. Unless brought within one (1) year after the day on which the person bringing such

action last performed labor or last furnished or supplied materials, it being

understood, however, that if any limitation embodied in this bond is prohibited by

any law controlling the construction hereof, the limitation embodied within this

bond shall be deemed to be amended so as to be equal to the minimum period of

limitation permitted by such law.

b. Other than in a Virginia court of competent jurisdiction, with venue as provided by

statute, or in the United States District Court for the district in which the project, or

any part thereof, is situated.

5. The amount of this bond shall be reduced by and to the extent of any payment or

payments made in good faith hereunder.



Charlottesville, VA


PAYMENT BOND


Signed and sealed this _____ day of _____

_____________________________________

Contractor/Principal (SEAL)

__________________________________ By: _________________________________

Witness Typed Name: _____________

Title: _____________

_______________________________________

Surety (SEAL)

By: _________________________________

Attorney-in-Fact

Typed Name: _____________



Charlottesville, VA


PAYMENT BOND

Section 00 6150 – Page 4 of 4 AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH OF VIRGINIA

CITY/COUNTY OF _____________

I, the undersigned notary public, do certify that __________________________,, whose name is signed to

the foregoing labor and material payment bond in the sum of _________________________ and dated

_____________ and which names the Charlottesville-Albemarle Airport Authority as Obligee, personally

appeared before me today in the above jurisdiction and made oath that he/she is the attorney-in-fact of

_________________________, a _____________ corporation which is the Surety in the foregoing bond,

that he/she is duly authorized to execute on the above Surety’s behalf the foregoing bond pursuant to the

Power of Attorney noted above and attached hereto, and on behalf of the surety, he/she acknowledged the

foregoing bond before me as to the above Surety’s act and deed.

He/she has further certified that his/her Power of Attorney has not been revoked.

[Complete if Power is recorded: Clerk’s Office: _____________;

Deed Book/Page No. or Instrument No.: _____________.]

Given under my hand this _____ day of _____ .

__________________________________

Notary Public (SEAL)

My name (printed) is: _____________

My registration number is: _____________

My commission expires: _____________

APPROVED:

______________________________________________

Charlottesville-Albemarle Airport Authority Date 4835-4362-0880, v. 1

END OF SECTION




Charlottesville, VA


APPLICATION FOR PAYMENT FORM


The Contractor's Application for Payment, AIA G702, 1992 edition, forms a part of the Construction

Documents and is attached.

END OF SECTION


Document A201TM – 2007 General Conditions of the Contract for Construction

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AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to themaximum extent possible under the law. This document was produced by AIA software at 11:11:11 on 06/01/2009 under Order No.1000365804_ which expires on 08/16/2009, and is not for resale.User Notes: (1400333932)

1

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

for the following PROJECT:(Name and location or address) .

THE OWNER:(Name, legal status and address)

THE ARCHITECT:(Name, legal status and address)

TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 OWNER

3 CONTRACTOR

4 ARCHITECT

5 SUBCONTRACTORS

6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

7 CHANGES IN THE WORK

8 TIME

9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

15 CLAIMS AND DISPUTES


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INDEX (Numbers and Topics in Bold are Section Headings)

Acceptance of Nonconforming Work9.6.6, 9.9.3, 12.3Acceptance of Work9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work3.16, 6.2.1, 12.1 Accident Prevention 10Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7.1, 14.1, 15.2Addenda 1.1.1, 3.11.1 Additional Costs, Claims for3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5Additional Insured11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.10, 11.1.3 Approvals2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1Arbitration8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 ARCHITECT 4Architect, Definition of4.1.1 Architect, Extent of Authority 2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3.1, 7.1.2, 7.3.7, 7.4, 9.2.1, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4.1, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2

Architect’s Additional Services and Expenses2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4Architect’s Administration of the Contract3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5Architect’s Approvals2.4.1, 3.1.3, 3.5.1, 3.10.2, 4.2.7 Architect’s Authority to Reject Work3.5.1, 4.2.6, 12.1.2, 12.2.1Architect’s Copyright 1.1.7, 1.5Architect’s Decisions3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3.1, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect’s Inspections3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect’s Interpretations4.2.11, 4.2.12Architect’s Project Representative 4.2.10Architect’s Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2Architect’s Relationship with Subcontractors1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7Architect’s Representations9.4.2, 9.5.1, 9.10.1Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5Asbestos10.3.1Attorneys’ Fees 3.18.1, 9.10.2, 10.3.3Award of Separate Contracts6.1.1, 6.1.2Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1Binding Dispute Resolution 9.7.1, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1Boiler and Machinery Insurance 11.3.2Bonds, Lien7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4


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Building Permit3.7.1 Capitalization 1.3Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5Certificates for Payment4.2.1, 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, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval13.5.4 Certificates of Insurance9.10.2, 11.1.3Change Orders 1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 7.4.1, 8.3.1, 9.3.1.1, 11.3.9Claims, Definition of15.1.1 CLAIMS AND DISPUTES3.2.4, 6.1.1, 6.3.1, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for3.7.4 Claims for Damages3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6Claims Subject to Arbitration15.3.1, 15.4.1Cleaning Up 3.15, 6.3Commencement of the Work, Conditions Relating to2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of8.1.2 Communications Facilitating Contract Administration3.9.1, 4.2.4 Completion, Conditions Relating to3.4.1, 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 AND9

Completion, Substantial4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7Compliance with Laws 1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3Concealed or Unknown Conditions3.7.4, 4.2.8, 8.3.1, 10.3Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2Consolidation or Joinder15.4.4CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6Construction Change Directive, Definition of 7.3.1 Construction Change Directives1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts5.4, 14.2.2.2 Continuing Contract Performance15.1.3Contract, Definition of1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE5.4.1.1, 11.3.9, 14 Contract Administration3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The1.1.1 Contract Documents, Copies Furnished and Use of1.5.2, 2.2.5, 5.3Contract Documents, Definition of1.1.1 Contract Sum3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7.1, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5Contract Time, Definition of8.1.1


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CONTRACTOR3Contractor, Definition of 3.1, 6.1.2Contractor’s Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor’s Employees3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1,Contractor’s Liability Insurance11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4Contractor’s Relationship with Subcontractors1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor’s Relationship with the Architect1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2Contractor’s Responsibility for Those Performing the Work3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8Contractor’s Review of Contract Documents3.2Contractor’s Right to Stop the Work 9.7Contractor’s Right to Terminate the Contract14.1, 15.1.6 Contractor’s Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2Contractor’s Superintendent 3.9, 10.2.6Contractor’s Supervision and Construction Procedures1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3Contractual Liability Insurance 11.1.1.8, 11.2Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1Copies Furnished of Drawings and Specifications1.5, 2.2.5, 3.11Copyrights1.5, 3.17Correction of Work2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents1.2Cost, Definition of7.3.7

Costs 2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14Cutting and Patching3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4Damages, Claims for3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification9.4.1, 9.5, 9.7, 14.1.1.3Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3.1, 2.4.1, 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, 12.2.1Defective Work, Definition of3.5.1 Definitions1.1, 2.1.1, 3.1.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1Delays and Extensions of Time 3.2., 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3.1, 7.3.9, 15.1, 15.2Documents and Samples at the Site 3.11Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of3.11Effective Date of Insurance8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1


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Equipment, Labor, Materials or1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3Extensions of Time3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5Failure of Payment9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work)Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3.1, 14.2.4, 14.4.3Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4Fire and Extended Coverage Insurance11.3.1.1GENERAL PROVISIONS1Governing Law13.1 Guarantees (See Warranty)Hazardous Materials10.2.4, 10.3 Identification of Subcontractors and Suppliers5.2.1 Indemnification 3.17.1, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision15.2 Initial Decision Maker, Definition of1.1.8 Initial Decision Maker, Decisions14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property10.2.8, 10.4.1Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2

Instruments of Service, Definition of 1.1.7 Insurance3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11Insurance, Boiler and Machinery 11.3.2Insurance, Contractor’s Liability11.1Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use11.3.3Insurance, Owner’s Liability 11.2Insurance, Property10.2.5, 11.3 Insurance, Stored Materials9.3.2, 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 11.4.10Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4Interest 13.6Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1Interpretations, Written4.2.11, 4.2.12, 15.1.4Judgment on Final Award15.4.2Labor 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, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes8.3.1 Laws and Regulations 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 14, 15.2.8, 15.4Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1Limitations of Liability2.3.1, 3.2.2, 3.5.1, 3.12.10, 3.17.1, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2.1, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7.1, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15


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Loss of Use Insurance11.3.3 Material Suppliers1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2Means, Methods, Techniques, Sequences and Procedures of Construction3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2Mechanic’s Lien2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13Modifications, Definition of 1.1.1 Modifications to the Contract1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7.1, 10.3.2, 11.3.1Mutual Responsibility6.2Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3Nonconforming Work, Rejection and Correction of2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1Notice 2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7.1, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1Notice, Written2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7.1, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1Notice of Claims 3.7.4, 4.5, 10.2.8, 15.1.2, 15.4Notice of Testing and Inspections13.5.1, 13.5.2Observations, Contractor’s 3.2, 3.7.4Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5Orders, Written1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2

Owner, Definition of2.1.1 Owner, Information and Services Required of the2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3Owner’s Authority1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3.1, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner’s Liability Insurance 11.2Owner’s Loss of Use Insurance11.3.3Owner’s Relationship with Subcontractors1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2Owner’s Right to Carry Out the Work2.4, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.3 Owner’s Right to Suspend the Work 14.3Owner’s Right to Terminate the Contract 14.2Ownership and Use of Drawings, Specifications and Other Instruments of Service1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17.1, 4.2.12, 5.3.1 Partial Occupancy or Use9.6.6, 9.9, 11.3.1.5Patching, Cutting and 3.14, 6.2.5 Patents 3.17Payment, Applications for4.2.5, 7.3.9, 9.2.1, 9.3, 9.4, 9.5, 9.6.3, 9.7.1, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2Payment, Final 4.2.1, 4.2.9, 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 7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4


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Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3PAYMENTS AND COMPLETION9Payments to Subcontractors5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2PCB10.3.1 Performance Bond and Payment Bond7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4Permits, Fees, Notices and Compliance with Laws2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings3.11, 3.12, 4.2.7 Progress and Completion4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3Project, Definition of the1.1.4 Project Representatives4.2.10 Property Insurance10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY10Regulations and Laws1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5.1, 4.2.6, 12.2.1Releases and Waivers of Liens9.10.2 Representations 3.2.1, 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 Representatives2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10Retainage9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3Review 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 3.12Rights and Remedies1.1.2, 2.3, 2.4, 3.5.1, 3.7.4, 3.15.2, 4.2.6, 4.5, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4Royalties, Patents and Copyrights 3.17Rules and Notices for Arbitration 15.4.1Safety of Persons and Property10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4 Samples, Definition of3.12.3Samples, Shop Drawings, Product Data and3.11, 3.12, 4.2.7 Samples at the Site, Documents and3.11Schedule of Values 9.2, 9.3.1Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 11.4.7, 12.1.2Shop Drawings, Definition of3.12.1Shop Drawings, Product Data and Samples3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5Site Visits, Architect’s3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the1.1.6 Specifications, The 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14Statute of Limitations13.7, 15.4.1.1Stopping the Work 2.3, 9.7, 10.3, 14.1Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4Subcontractor, Definition of5.1.1 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


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Subcontractual Relations5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 11.4.7, 11.4.8, 14.1, 14.2.1 Submittals3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule3.10.2, 3.12.5, 4.2.7Subrogation, Waivers of6.1.1, 11.4.5, 11.3.7 Substantial Completion4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect4.1.3 Substitutions of Materials 3.4.2, 3.5.1, 7.3.8Sub-subcontractor, Definition of5.1.2 Subsurface Conditions3.7.4 Successors and Assigns13.2 Superintendent3.9, 10.2.6Supervision and Construction Procedures1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of9.10.2, 9.10.3Surveys2.2.3 Suspension by the Owner for Convenience14.3 Suspension of the Work 5.4.2, 14.3Suspension or Termination of the Contract5.4.1.1, 11.4.9, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4Termination by the Contractor14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect4.1.3 Termination of the Contractor14.2.2 TERMINATION OR SUSPENSION OF THE

CONTRACT14 Tests and Inspections3.1.3, 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 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Time Limits2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 4.4, 4.5, 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, 15.1.2, 15.4Time Limits on Claims3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK12 Uncovering of Work12.1Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3Unit Prices 7.3.3.2, 7.3.4Use of Documents1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site3.13, 6.1.1, 6.2.1Values, Schedule of 9.2, 9.3.1Waiver of Claims by the Architect13.4.2Waiver of Claims by the Contractor 9.10.5, 11.4.7, 13.4.2, 15.1.6 Waiver of Claims by the Owner 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, 15.1.6Waiver of Consequential Damages 14.2.4, 15.1.6Waiver of Liens 9.10.2, 9.10.4Waivers of Subrogation 6.1.1, 11.4.5, 11.3.7 Warranty3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1Weather Delays 15.1.5.2Work, Definition of1.1.3


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Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2Written Interpretations4.2.11, 4.2.12

Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders1.1.1, 2.3, 3.9, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2


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ARTICLE 1 GENERAL PROVISIONS§ 1.1 BASIC DEFINITIONS§ 1.1.1 THE CONTRACT DOCUMENTSThe Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding requirements.

§ 1.1.2 THE CONTRACTThe Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties.

§ 1.1.3 THE WORKThe 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 PROJECTThe Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors.

§ 1.1.5 THE DRAWINGSThe 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 SPECIFICATIONSThe Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

§ 1.1.7 INSTRUMENTS OF SERVICEInstruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.

§ 1.1.8 INITIAL DECISION MAKERThe Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2.

§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completionof 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.


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§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall notcontrol the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or constructionindustry meanings are used in the Contract Documents in accordance with such recognized meanings.

§ 1.3 CAPITALIZATIONTerms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects.

§ 1.4 INTERPRETATIONIn the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE§ 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respectiveInstruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights.

§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to useand reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants.

§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORMIf the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents.

ARTICLE 2 OWNER § 2.1 GENERAL§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the ContractDocuments as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative.

§ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, informationnecessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein.

§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER§ 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonableevidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the


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portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor.

§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities.

§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations forthe site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.

§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents withreasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services.

§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy ofthe Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.

§ 2.3 OWNER’S RIGHT TO STOP THE WORKIf the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.

§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORKIf the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

ARTICLE 3 CONTRACTOR § 3.1 GENERAL§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout theContract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative.

§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.

§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the ContractDocuments either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.


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§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, becomegenerally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of theWork, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.

§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require.

§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions theArchitect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.

§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. TheContractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures.

§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees,Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors.

§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine thatsuch portions are in proper condition to receive subsequent Work.

§ 3.4 LABOR AND MATERIALS§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other 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.


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§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive.

§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and otherpersons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them.

§ 3.5 WARRANTYThe Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

§ 3.6 TAXESThe Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.

§ 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the buildingpermit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded.

§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,rules and regulations, and lawful orders of public authorities applicable to performance of the Work.

§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rulesand regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.

§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurfaceor otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15.

§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burialmarkers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15.


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§ 3.8 ALLOWANCES§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Itemscovered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection.

§ 3.8.2 Unless otherwise provided in the Contract Documents,.1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all

required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and

other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and

.3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordinglyby Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.

§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.

§ 3.9 SUPERINTENDENT§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance atthe Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor.

§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Ownerthrough the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection.

§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has madereasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed.

§ 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s andArchitect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work.

§ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafteras necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals.

§ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to theOwner and Architect.

§ 3.11 DOCUMENTS AND SAMPLES AT THE SITEThe Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed.


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§ 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 theContractor 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 andother information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standardsby which the Work will be judged.

§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose isto demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action.

§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to theArchitect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors.

§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to theOwner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal andreview 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 ofresponsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect’s approval thereof.

§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect’s approval of a resubmission shall not apply to such revisions.

§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice ofarchitecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be 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


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completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents.

§ 3.13 USE OF SITEThe Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.

§ 3.14 CUTTING AND PATCHING§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to makeits parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.

§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completedconstruction 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 orrubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project.

§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Ownershall be entitled to reimbursement from the Contractor.

§ 3.16 ACCESS TO WORKThe Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located.

§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTSThe 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 indemnify and hold harmless the Owner, Architect,Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18.


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§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

ARTICLE 4 ARCHITECT§ 4.1 GENERAL§ 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicingarchitecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number.

§ 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shallnot be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld.

§ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom theContractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect.

§ 4.2 ADMINISTRATION OF THE CONTRACT§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will bean Owner’s representative during construction until the date the Architect issues the final Certificate For Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.

§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed withthe Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.

§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress andquality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work.

§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATIONExcept 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 reviewand certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.

§ 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever theArchitect 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.


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§ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals suchas Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minorchanges in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.

§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date offinal completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10.

§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist incarrying 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, theContract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferablefrom, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith.

§ 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intentexpressed in the Contract Documents.

§ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. TheArchitect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information.

ARTICLE 5 SUBCONTRACTORS§ 5.1 DEFINITIONS§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of theWork 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 performa 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.


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§ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK§ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon aspracticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection.

§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has madereasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection.

§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, theContractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required.

§ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner orArchitect makes reasonable objection to such substitution.

§ 5.3 SUBCONTRACTUAL RELATIONSBy appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.

§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that

.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and

.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract.

When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract.

§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’scompensation shall be equitably adjusted for increases in cost resulting from the suspension.

§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to asuccessor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the


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Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract.

ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS§ 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s ownforces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.

§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations onthe 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 separatecontractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisionsto 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 operationsrelated to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.

§ 6.2 MUTUAL RESPONSIBILITY§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction andstorage 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 theOwner 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 Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractorbecause of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction.

§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partiallycompleted 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 aredescribed for the Contractor in Section 3.14.

§ 6.3 OWNER’S RIGHT TO CLEAN UPIf 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.


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ARTICLE 7 CHANGES IN THE WORK§ 7.1 GENERAL§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating theContract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.

§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a ConstructionChange 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 theContractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work.

§ 7.2 CHANGE ORDERS§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor andArchitect stating their agreement upon all of the following:

.1 The change in the Work;

.2 The amount of the adjustment, if any, in the Contract Sum; and

.3 The extent of the adjustment, if any, in the Contract Time.

§ 7.3 CONSTRUCTION CHANGE DIRECTIVES§ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner andArchitect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a ChangeOrder.

§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall bebased 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 7.3.7.

§ 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originallycontemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.

§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in theWork involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time.

§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith,including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.

§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum,the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount


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for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following:

.1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance;

.2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;

.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractoror others;

.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and

.5 Additional costs of supervision and field office personnel directly attributable to the change.

§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a netdecrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.

§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractormay request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.

§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning theadjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive.

§ 7.4 MINOR CHANGES IN THE WORKThe Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor.

ARTICLE 8 TIME§ 8.1 DEFINITIONS§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted inthe Contract Documents for Substantial Completion of the Work.

§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.

§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.

§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specificallydefined.

§ 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 Agreementthe 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, prematurelycommence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance.


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§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completionwithin the Contract Time.

§ 8.3 DELAYS AND EXTENSIONS OF TIME§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect ofthe Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine.

§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.

§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of theContract Documents.

ARTICLE 9 PAYMENTS AND COMPLETION§ 9.1 CONTRACT SUMThe 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 VALUESWhere the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 9.3 APPLICATIONS FOR PAYMENT§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to theArchitect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2., for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents.

§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes inthe Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders.

§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which theContractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay.

§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials andequipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site.

§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner nolater 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


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encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.

§ 9.4 CERTIFICATES FOR PAYMENT§ 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue tothe 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, basedon the Architect’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary toprotect 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 a separate contractor;

.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or

.7 repeated failure to carry out the Work in accordance with the Contract Documents.

§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amountspreviously withheld.

§ 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option,issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment.

§ 9.6 PROGRESS PAYMENTS§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner andwithin the time provided in the Contract Documents, and shall so notify the Architect.


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§ 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Ownerthe amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner.

§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages ofcompletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor.

§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paidSubcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law.

§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that providedin 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 theOwner shall not constitute acceptance of Work not in accordance with the Contract Documents.

§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.

§ 9.7 FAILURE OF PAYMENTIf the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents.

§ 9.8 SUBSTANTIAL COMPLETION§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof issufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.

§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to acceptseparately, 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 ordesignated 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.


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§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificateof Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.

§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their writtenacceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.

§ 9.9 PARTIAL OCCUPANCY OR USE§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage whensuch portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.

§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspectthe 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 constituteacceptance of Work not complying with the requirements of the Contract Documents.

§ 9.10 FINAL COMPLETION AND FINAL PAYMENT§ 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance andupon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled.

§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits tothe 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.


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§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no faultof 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 waiverof claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMSThe Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.

§ 10.2 SAFETY OF PERSONS AND PROPERTY§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection toprevent 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.

§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.

§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities.

§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods arenecessary 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 propertyinsurance 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.


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§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose dutyshall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect.

§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage orcreate an unsafe condition.

§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTYIf either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.

§ 10.3 HAZARDOUS MATERIALS§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documentsregarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing.

§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory toverify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up.

§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity.

§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor bringsto the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances.

§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of amaterial or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s faultor negligence.

§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency forthe cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.


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§ 10.4 EMERGENCIESIn an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7.

ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR’S LIABILITY INSURANCE§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to dobusiness in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

.1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed;

.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees;

.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees;

.4 Claims for damages insured by usual personal injury liability coverage;

.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

.6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle;

.7 Claims for bodily injury or property damage arising out of completed operations; and

.8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18.

§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in theContract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents.

§ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of theWork and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness.

§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include(1) the Owner, the Architect and the Architect’s Consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations.

§ 11.2 OWNER’S LIABILITY INSURANCEThe Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance.


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§ 11.3 PROPERTY INSURANCE§ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfullyauthorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project.

§ 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation,insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss.

§ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of thecoverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto.

§ 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of suchdeductibles.

§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work intransit.

§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company orcompanies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance.

§ 11.3.2 BOILER AND MACHINERY INSURANCEThe Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds.

§ 11.3.3 LOSS OF USE INSURANCEThe Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused.

§ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other specialcauses of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.

§ 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacentto the site by property insurance under policies separate from those insuring the Project, or if after final payment


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property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise.

§ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy thatincludes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor.

§ 11.3.7 WAIVERS OF SUBROGATIONThe Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.

§ 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and madepayable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.

§ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss,give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7.

§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties ininterest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators.

§ 11.4 PERFORMANCE BOND AND PAYMENT BOND§ 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of theContract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract.

§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment ofobligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.


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ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK§ 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specificallyexpressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.

§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior toits being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs.

§ 12.2 CORRECTION OF WORK§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETIONThe Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense.

§ 12.2.2 AFTER SUBSTANTIAL COMPLETION§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of SubstantialCompletion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4.

§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work firstperformed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.

§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by theContractor pursuant to this Section 12.2.

§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with therequirements 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 orpartially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents.

§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect toother obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.


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§ 12.3 ACCEPTANCE OF NONCONFORMING WORKIf the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

ARTICLE 13 MISCELLANEOUS PROVISIONS§ 13.1 GOVERNING LAWThe Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.

§ 13.2 SUCCESSORS AND ASSIGNS§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legalrepresentatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.

§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing constructionfinancing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment.

§ 13.3 WRITTEN NOTICEWritten notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice.

§ 13.4 RIGHTS AND REMEDIES§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereundershall 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 dutyafforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing.

§ 13.5 TESTS AND INSPECTIONS§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the ContractDocuments and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor.

§ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work requireadditional 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 theportions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by


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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 ContractDocuments, 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 Architectwill 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 avoidunreasonable delay in the Work.

§ 13.6 INTERESTPayments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

§ 13.7 TIME LIMITS ON CLAIMSThe Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7.

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT§ 14.1 TERMINATION BY THE CONTRACTOR§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days throughno act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons:

.1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped;

.2 An act of government, such as a declaration of national emergency that requires all Work to be stopped;

.3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or

.4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1.

§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less.

§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.

§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or aSubcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3.


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§ 14.2 TERMINATION BY THE OWNER FOR CAUSE§ 14.2.1 The Owner may terminate the Contract if the Contractor

.1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;

.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors;

.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or

.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.

§ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker thatsufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety:

.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor;

.2 Accept assignment of subcontracts pursuant to Section 5.4; and

.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work.

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shallnot 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 forthe Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract.

§ 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 inwhole or in part for such period of time as the Owner may determine.

§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused bysuspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent

.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or

.2 that an equitable adjustment is made or denied under another provision of the Contract.

§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.

§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, theContractor 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 paymentfor Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.


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ARTICLE 15 CLAIMS AND DISPUTES§ 15.1 CLAIMS§ 15.1.1 DEFINITIONA Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim.

§ 15.1.2 NOTICE OF CLAIMSClaims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.

§ 15.1.3 CONTINUING CONTRACT PERFORMANCEPending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.

§ 15.1.4 CLAIMS FOR ADDITIONAL COSTIf the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4.

§ 15.1.5 CLAIMS FOR ADDITIONAL TIME§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as providedherein 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.

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documentedby data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction.

§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGESThe Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes

.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and

.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.

§ 15.2 INITIAL DECISION§ 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the InitialDecision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner.


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§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or moreof the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim.

§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seekinformation from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense.

§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additionalsupporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part.

§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating thatthe Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution.

§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.

§ 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other partyfile for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision.

§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any,of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.

§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed inaccordance with applicable law to comply with the lien notice or filing deadlines.

§ 15.3 MEDIATION§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waivedas provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution.

§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agreeotherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.


Init.

/


39

§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the placewhere the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

§ 15.4 ARBITRATION§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, anyClaim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded.

§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request formediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim.

§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it inaccordance with applicable law in any court having jurisdiction thereof.

§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity dulyconsented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof.

§ 15.4.4 CONSOLIDATION OR JOINDER§ 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with anyother arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).

§ 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in acommon question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.

§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under thisSection 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement.


AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:11:11 on 06/01/2009 under Order No.1000365804_ which expires on 08/16/2009, and is not for resale. User Notes: (1400333932)

1

Certification of Document’s Authenticity AIA® Document D401™ – 2003

I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 11:11:11 on 06/01/2009 under Order No. 1000365804_ from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®

Document A201™ – 2007 - General Conditions of the Contract for Construction, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text.

_____________________________________________________________(Signed)

_____________________________________________________________(Title)

_____________________________________________________________(Dated)




Charlottesville, VA


GENERAL CONDITIONS – AIA A201 (2007)


The "General Conditions of the Contract for Construction", AIA Document A201-2007, forms a part of

the Construction Documents.

END OF SECTION




Charlottesville, VA


SUPPLEMENTARY CONDITIONS FOR AIA A201 (2007)


The following supplements modify the "General Conditions of the Contract for Construction", AIA

Document A201, 2007. Where a portion of the General Conditions is modified or deleted by these

Supplementary Conditions, the unaltered portions of the General Conditions shall remain in effect.

ARTICLE 1 – GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

Add the following Sections 1.1.9 and 1.1.10 to Section 1.1:

1.1.9 PROJECT MANAGER

Bill Pahuta

1.1.10 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

Add the following Section 1.2.1.1 to Section 1.2.1:

1.2.1.1 In the event of conflicts or discrepancies among the Contract Documents,

interpretations will be based on the following priorities:

.1 Modifications.

.2 The Agreement.

.3 Addenda, with those of later date having precedence over those of earlier

date.

.4 The Supplementary Conditions.

.5 The General Conditions of the Contract for Construction.

.6 Division 01 of the Specifications.

.7 Drawings and Divisions 02–49 of the Specifications.

.8 Other documents specifically enumerated in the Agreement as part of the

Contract Documents.

In the case of conflicts or discrepancies between Drawings and Divisions 02–49 of the

Specifications, or within or among the Contract Documents and not clarified by

Addendum, the Architect will determine which takes precedence in accordance with

Sections 4.2.11, 4.2.12, and 4.2.13.

Add the following Section 1.2.4 to 1.2:

1.2.4 Sections of Specification Division 01 - General Requirements, govern the execution of

all sections of the specifications.

1.6 TRANSMISSION OF DATA IN DIGITAL FORM

Add the following sentence at the end of Section 1.6:

The protocols for transmission of digital data shall be as set forth in AIA document E201

Digital Data Protocol Exhibit – Owner/Architect version.



Charlottesville, VA




Add the following Sections 1.6.1 through 1.6.4 to Section 1.6:

1.6.1 The Architect may, with the concurrence of the Owner, furnish to the Contractor

versions of the Instruments of Service in digital form. The Contract Documents executed

or identified in accordance with Section 1.1.1 shall prevail in case of an inconsistency

with subsequent versions made through manipulatable digital means involving

computers.

1.6.2 Transmission of digital drawing files to the Contractor, as referenced in 1.6.1, will

require the execution of AIA Document C106- Digital Data Licensing Agreement

between the Architect and the Contractor.

1.6.3 Drawings furnished in digital form will be in the format designated in AIA Document

E201 Digital Data Protocol Exhibit – Owner/Architect version. It shall be the

Contractor’s responsibility to perform any required translation of the Instruments of

Service provided into a format for use in the execution of the Work.

1.6.4 The Contactor shall not transfer or reuse Instruments of Service in digital or machine

readable form except as allowed in AIA Document E201 Digital Data Protocol Exhibit

– Owner/Architect version.

1.6.5 Reproduction of any portion of the Architect’s Instruments of Service for Shop

Drawings is not acceptable.

Add the following Section 1.7 to Section 1:

ARTICLE 2 – OWNER

2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

Delete Section 2.2.5 and substitute the following:

2.2.5 The Owner will furnish the Contractor 10 copies of the Contract Documents. The

Contractor may purchase additional sets at the cost of reproduction, postage and

handling.

Add Section 2.2.6 to Section 2.2:

2.2.6 The Owner will procure and bear costs of structural tests and special inspections as

required by the applicable building code.

ARTICLE 3 – CONTRACTOR

3.1 GENERAL


3.1.3.1 If conflict between this Supplementary Conditions document and the Agreement are

discovered the Agreement shall take precedence.



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3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY

CONTRACTOR

Add the following Section 3.2.5 to Section 3.2:

3.2.5 Contractor shall be responsible for ascertaining correct dimensions, and Contractor is

not to ascertain dimensions simply by scaling drawings. In case of any discrepancy

between Drawings and Specifications, Contractor shall consult Architect promptly for

an interpretation before proceeding with the Work.


3.2.6 The Owner is entitled to reimbursement from the Contractor for amounts paid to the

Architect for evaluating and responding to the Contractor’s requests for information,

that are not prepared in accordance with the Contract Documents or where the requested

information is available to the Contractor from a careful study and comparison of the

Contract Documents, field conditions, other Owner-provided information, Contractor-

prepared coordination drawings, or prior Project correspondence or documentation.

3.4 LABOR AND MATERIALS

Add Section 3.4.2.1 to Section 3.4.2:

3.4.2.1 After the Contract has been executed, the Owner and Architect will consider requests

for the substitution of products in place of those specified only under the conditions set

forth in the General Requirements (Division 01 of the Specifications). By making

requests for substitutions, the Contractor:

.1 represents that it has personally investigated the proposed substitute product and

determined it is equal or superior in all respects to that specified;

.2 represents that it will provide the same warranty for the substitution as it would

have provided for the product specified;

.3 certifies that the cost data presented is complete and includes all related costs

for the substituted product and for Work that must be changed as a result of the

substitution, except for the Architect's redesign costs, and waive all claims for

additional costs related to the substitution that subsequently become apparent;

and

.4 shall coordinate the installation of the accepted substitute, making such changes

as may be required for the Work to be completed in all respects.

Add the following to the end of Section 3.4.2:

3.4.2.2 The Owner shall be entitled to reimbursement from the Contractor for amounts paid to

the Architect for reviewing the Contractor's proposed substitutions and making agreed-

upon changes in the Drawings and Specifications resulting from such substitutions.




Charlottesville, VA




3.4.5 General Contractor's Financial Interests: The Contractor shall disclose to the Owner and

Architect the existence and extent of any financial interest, whether direct or indirect, he

has in Subcontractor or Material Suppliers which he may propose for this Project.

3.8 ALLOWANCES

3.8.2.2 Delete the semicolon and the word "and" at the end of Section 3.8.2.2 and add the

following:

, except that if installation is included as a part of an allowance in Divisions 01-49 of the

Specifications, the installation and labor costs for greater or lesser quantities of Work

shall be determined in accordance with Subparagraph 7.3.7; and

3.9 SUPERINTENDENT


3.9.4 The Contractor shall employ a Superintendent or an assistant to the superintendent who

will perform as a coordinator for mechanical and electrical Work. The coordinator shall

be knowledgeable in mechanical and electrical systems and capable of reading,

interpreting and coordinating Drawings, Specifications and shop drawings pertaining to

such systems. The coordinator shall assist the Subcontractors in arranging space

conditions to eliminate interference between the mechanical and electrical systems and

other Work and shall supervise the preparation of coordination drawings documenting

the special arrangements for such systems within restricted spaces. The coordinator

shall assist in planning and expediting the proper sequence of delivery of mechanical

and electrical equipment to the site.

3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

Add Section 3.12.11 to Section 3.12:

3.12.11 The Architect’s review of Contractor’s submittals will be limited to examination of an

initial submittal and two (2) resubmittals. The Architect’s review of additional

submittals will be made only with the consent of the Owner after notification by the

Architect. The Owner is entitled to obtain reimbursement from the Contractor for

amounts paid to the Architect for evaluation of additional resubmittals.

3.18 INDEMNIFICATION


3.18.3 The Contractor shall indemnify and hold harmless the Owner and Architect and their

Consultants and representatives from any damages, claims, or losses, including

reasonable attorney’s fee and legal expenses relating to paragraphs 1.1 and 1.5 to the

fullest extent permitted under law for the Project at the location in which it is

constructed.

Add the following Section 3.19 to Article 3:



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3.19 THIRD PARTY BENEFICIARY

3.19.1 No person or entity shall be deemed to be a third party beneficiary of any provisions of

the Contract, nor shall any provisions thereof be interpreted to create a right of action or

otherwise permit anyone not a signatory party to the Contract to maintain an action for

personal injury or property damage.

ARTICLE 4 – ADMINISTRATION OF THE CONTRACT

4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT

Add Section 4.2.2.1 to Section 4.2.1:

4.2.2.1 The Owner is entitled to reimbursement from the Contractor for amounts paid to the

Architect for site visits made necessary due to the fault, neglect or request of the

Contractor or by defects and deficiencies in the Work.

Add the following Sections 4.2.4.1 and 4.2.4.2 to Section 4.2.4.

4.2.4.1 Any direct communications between Owner and Contractor that affect the performance

or administration of the Contract shall be made or confirmed in writing, with copies to

the Architect, and any such communications that represent a modification of the

Contract requirements shall be documented appropriately.

4.2.4.2 Any communications among the Architect and Subcontractors shall be confirmed in

writing to the Contractor.

Add Section 4.2.7.1 to Section 4.2.7

4.2.7.1 In no case will the Architect's review period on any submittal be less than 10 working

days after receipt of the submittal from the Contractor.

4.2.11 In the second sentence, delete the words "within any time limits agreed upon or

otherwise with reasonable promptness" and insert "within 7 calendar (5 working) days".

Add Section 4.2.14.1 to Section 4.2.14

4.2.14.1 Contractor's requests for information shall be prepared and submitted in accordance with

Division 01 "General Requirements" sections on the form included in the Contract

Documents. The Architect will return without action requests for information that do

not conform to requirements of the Contract Documents.

ARTICLE 5 – SUBCONTRACTORS

5.1 DEFINITIONS


5.1.1.1 The term "Subcontractor" or "Sub-subcontractor" shall also include a person or entity

who supplies material or equipment for the Project.



Charlottesville, VA




ARTICLE 7 – CHANGES IN THE WORK

7.1 GENERAL


7.1.4 The combined overhead and profit included in the total cost to the Owner for a change

in the Work shall be based on the following schedule:

.1 For the Contractor, for Work performed by the Contractor's own forces, 15

percent of the cost.

.2 For the Contractor, for Work performed by the Contractor's Subcontractor, 5

percent of the amount due the Subcontractor.

.3 For each Subcontractor or Sub-subcontractor involved, for Work performed by

that Subcontractor's or Sub-subcontractor's own forces, 15 percent of the cost.

.4 For each Subcontractor, for Work performed by the Subcontractor's

Sub-subcontractors, 5 percent of the amount due the Sub-subcontractor.

.5 Cost to which overhead and profit is to be applied shall be determined in

accordance with Section 7.3.7.

.6 In order to facilitate checking of quotations for extras or credits, all proposals,

except those so minor that their propriety can be seen by inspection, shall be

accompanied by a complete itemization of costs including labor, materials and

Subcontracts. Labor and materials shall be itemized in the manner prescribed

above. Where major items are Subcontracts, they shall be itemized also. In no

case will a change involving over $1,000.00 be approved without such

itemization.

7.3 CONSTRUCTION CHANGE DIRECTIVES

In the first sentence of Section 7.3.7, delete the words "a reasonable amount" and

substitute "in accordance with Section 7.1.4."

ARTICLE 8 – TIME

8.1.1 DEFINITIONS

Delete Section 8.1.4 and substitute the following:

8.1.4 The term "day" as used in the Contract Documents shall mean working day, excluding

weekends and holidays.



Charlottesville, VA




ARTICLE 9 – PAYMENTS AND COMPLETION

9.3 APPLICATIONS FOR PAYMENT


9.3.1.3 Until Substantial Completion, the Owner shall pay 95 percent of the amount due the

Contractor on account of progress payments. Final payment shall be due 10 days after

completion of all Punch List items and acceptance by Owner.

9.3.1.4 Applications for payment shall be prepared using AIA Documents G702 "Application

and Certificate for Payment" and "Continuation Sheet" G703.

9.4 CERTIFICATES FOR PAYMENT

9.6 PROGRESS PAYMENTS

Add the following Sections 9.6.8:

9.6.8 The Contractor is obligated to fully comply with the laws of the state governing the

Agreement with regard to all provisions concerning retainage, which shall also be

coordinated with the Owner. These provisions may include requirements for escrow

accounts, ownership of retainage, payment of retainage and remedy for nonpayment.

9.8 SUBSTANTIAL COMPLETION


9.8.3.1 Except with the consent of the Owner, the Architect will perform no more than two

inspections to determine whether the Work or a designated portion thereof has attained

Substantial Completion in accordance with the Contract Documents. The Owner is

entitled to reimbursement from the Contractor for amounts paid to the Architect for any

additional inspections.

9.10 FINAL COMPLETION AND FINAL PAYMENT


9.10.1.1 Except with the consent of the Owner, the Architect will perform no more than one

inspection to determine whether the Work or a designated portion thereof has attained

Final Completion in accordance with the Contract Documents. The Owner is entitled to

reimbursement from the Contractor for amounts paid to the Architect for any additional

inspections.


9.10.2.1 Retainage will not be reduced to less than 5 percent of the construction value until the

complete record documents, by the General Contractor and Subcontractors, have been

submitted to and accepted by the Architect.



Charlottesville, VA





9.10.6 Releases of liens shall be furnished by the Contractor in a format suitable to the

Architect. Should the Contract be awarded on a Cost-Plus-Basis, the provisions of this

Article shall be voided where they are not in agreement with the Contract.

ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY

ARTICLE 11 - INSURANCE AND BONDS

11.1 CONTRACTOR'S LIABILITY INSURANCE

11.1.1.1 Delete the semicolon at the end of Section 11.1.1.1 and add:

, including private entities performing Work at the site and exempt from the coverage

on account of number of employees or occupation, which entities shall maintain

voluntary compensation coverage at the same limits specified for mandatory coverage

for the duration of the Project;

11.1.1.2 Delete the semicolon at the end of Section 11.1.1.2 and add:

or persons or entities excluded by statute from the requirements of Section 11.1.1.1 but

required by the Contract Documents to provide the insurance required by that section;

Add the following Sections 11.1.2.1 through 11.1.2 to Section 11.1.2:

11.1.2.1 The limits for Workers’ Compensation and Employers’ Liability insurance shall meet

statutory limits mandated by State and Federal Laws. If (1) limits in excess of those

required by statute are to be provided, (2) the employer is not statutorily bound to obtain

such insurance coverage, or (3) additional coverages are required, additional coverages

and limits for such insurance shall be as follows:

11.1.2.2 The limits for Commercial General Liability insurance including coverage for Premises-

Operations, Independent Contractors’ Protective, Products-Completed Operations,

Contractual Liability, Personal Injury and Broad Form Property Damage (including

coverage for Explosion, Collapse and Underground hazards) shall be as specified in

Federal Aviation Administration requirements AC 150/5370 Part 1 General Provisions

Section 30-09 Insurance

.1 The policy shall be endorsed to have the General

Aggregate apply to this Project only.

.2 The Contractual Liability insurance shall include coverage

sufficient to meet obligations in the AIA Document A201-2007 under paragraph 3.18.

.3 Products and Completed Operations insurance shall be

maintained for the duration of the Project.

11.1.2.3 Automobile Liability insurance (owned, non-owned and hired vehicles) for bodily injury

and property damage:



Charlottesville, VA




As specified in Federal Aviation Administration requirements AC 150/5370 Part 1

General Provisions Section 30-09 Insurance

11.1.2.4 Umbrella or Excess Liability coverage:



11.1.3 Add the following sentence to Section 11.1.3:

If this insurance is written on a Commercial General Liability form, the certificates shall

be ACORD form 25-S, completed and supplemented in accordance with AIA Document

G715, Instruction Sheet and Supplemental Attachment for ACORD Certificate if

Insurance 25-S.

11.3 PROPERTY INSURANCE

11.3.1.1 Add the following sentence to Section 11.3.1.1:

The form of policy for this coverage shall be Completed Value.

11.3.1.3 Add the following sentence to Section 11.3.1.3:




11.3.1.6 The insurance required by Section 11.3 is not intended to cover machinery, tools or

equipment owned or rented by the Contractor that are utilized in the performance of the

Work but not incorporated into the permanent improvements. The Contractor shall, at

the Contractor’s own expense, provide insurance coverage for owned or rented

machinery, tools or equipment, which shall be subject to the provisions of Section

11.3.7.

ARTICLE 12 – UNCOVERING AND CORRECTION OF WORK

12.2 CORRECTION OF WORK


12.2.2.4 Upon request by the Owner and prior to the expiration of one year from the date of

Substantial Completion, the Architect will conduct and the Contractor shall attend a

meeting with the Owner to review the facility operations and performance.

ARTICLE 13 - MISCELLANEOUS PROVISIONS

Add the following Section 13.8 to Article 13:



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13.8 EQUAL OPPORTUNITY

13.8.1 The Contractor shall maintain policies of employment as follows:

13.8.1.1 In accordance with current applicable federal and/or state laws, ordinances, rules and

regulations, the Contractor and the Contractor's Subcontractors shall not discriminate

against any employee or applicant for employment including, but not limited to race,

religion, color, sex, age, national origin.

13.8.1.2 The Contractor and the Contractor's Subcontractors shall, in all solicitations or

advertisements for employees placed by them or on their behalf, state that all qualified

applicants will receive consideration for employment in accordance with 13.8.1.2.

ARTICLE 15 – CLAIMS AND DISPUTES

15.1.5 CLAIMS FOR ADDITIONAL TIME

Add the following Sections 15.1.5.3 and 15.1.5.4 to Section 15.1.5:

15.1.5.3 Claims for increase in the Contract Time shall set forth in detail the circumstances that

form the basis for the Claim, the date upon which each cause of delay began to affect

the progress of the Work, the date upon which each cause of delay ceased to affect the

progress of the Work and the number of days’ increase in the Contract Time claimed as

a consequence of each such cause of delay. The Contractor shall provide such

supporting documentation as the Owner may require including, where appropriate, a

revised construction schedule indicating all the activities affected by the circumstances

forming the basis of the Claim; how the Contractor will modify the approved baseline

schedule to meet the original milestone date(s) and the justification for delays claimed

to non-critical-path activities. Such claims shall also consider actual weather days used

versus those weather days anticipated within the schedule.

15.1.5.4 The Contractor shall not be entitled to a separate increase in the Contract Time for each

one of the number of causes of delay which may have concurrent or interrelated effects

on the progress of the Work, or for concurrent delays due to the fault of the Contractor.

15.1.6 CLAIMS FOR CONSEQUESTIAL DAMAGES


15.1.6.3 If, before expiration of 30 days from the date of execution for this Agreement, the Owner

obtains by separate agreement and furnishes to the Contractor a similar mutual waiver

of all claims from the Architect against the Contractor for consequential damages which

the Architect may incur as a result of any act or omission of the Owner or Contractor,

then the waiver of consequential damages by the Owner and Contractor contained in this

Section 15.1.6 shall be applicable to claims by the Contractor against the Architect.

Add the following Article 16:



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ARTICLE 16 - PREVAILING WAGE SCALE

16.1 The Contractor is required to pay the Prevailing Wage Scale current in the area of the

project to all laborers and mechanics employed on the Work, subject to the policies,

conditions and rules of Albemarle County and the Virginia Department of labor.

When Federal Funds are a part of the Project financing, the Federal Wage Scale

will also apply to the Project. The Contractor shall pay the higher of the two wage

scales for each craft or trade listed.

The Current Wage Scale Determination(s) for this project is bound herein,

following this page, or will be issued by addendum.

END OF SECTION


General Decision Number: VA140082 07/25/2014 VA82

Superseded General Decision Number: VA20130093

State: Virginia

Construction Type: Building

Counties: Albemarle and Charlottesville* Counties in Virginia.

*INDEPENDENT CITY

BUILDING CONSTRUCTION PROJECTS (does not include single family

homes or apartments up to and including 4 stories).

Modification Number Publication Date

0 01/03/2014

1 01/24/2014

2 03/07/2014

3 07/25/2014

BOIL0045-004 10/01/2013

Rates Fringes

BOILERMAKER......................$ 32.36 27.62

----------------------------------------------------------------

ELEC0026-033 06/01/2011

Rates Fringes

ELECTRICIAN......................$ 21.89 8.53

----------------------------------------------------------------

PLUM0010-013 03/01/2014

Rates Fringes

PIPEFITTER (Including HVAC

Pipe & System Installation)......$ 30.00 15.62

----------------------------------------------------------------

* SHEE0100-035 07/01/2014

Rates Fringes

SHEET METAL WORKER (Including

HVAC Duct Installation)..........$ 25.68 15.65

----------------------------------------------------------------

SUVA2010-086 09/20/2010

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR........................$ 23.29 10.09

BRICKLAYER.......................$ 22.74 5.65

CARPENTER........................$ 15.00 1.80

Page 1 of 4

8/28/2014http://www.wdol.gov/wdol/scafiles/davisbacon/VA82.dvb?v=3

CEMENT MASON/CONCRETE FINISHER...$ 14.89 0.00

IRONWORKER, ORNAMENTAL...........$ 24.00 10.16

IRONWORKER, STRUCTURAL...........$ 15.21 0.89

LABORER: Common or General......$ 10.03 0.17

LABORER: Landscape..............$ 10.64 0.00

LABORER: Mason Tender - Brick...$ 10.90 2.35

LABORER: Mason Tender -

Cement/Concrete..................$ 11.84 3.12

LABORER: Pipelayer..............$ 14.44 2.35

OPERATOR: Backhoe...............$ 12.99 0.00

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 15.62 2.40

OPERATOR: Bulldozer.............$ 21.50 4.80

OPERATOR: Crane, All Types......$ 18.65 7.99

OPERATOR: Excavator.............$ 14.58 2.47

OPERATOR: Forklift..............$ 18.02 7.28

OPERATOR: Loader................$ 19.82 3.30

OPERATOR: Mechanic..............$ 15.38 0.89

OPERATOR: Roller................$ 21.50 4.80

PAINTER: Brush and Roller.......$ 17.34 5.59

PAINTER: Spray..................$ 21.01 6.91

PLUMBER..........................$ 19.49 9.67

ROOFER...........................$ 13.45 1.92

TILE FINISHER....................$ 17.32 6.72

TILE SETTER......................$ 21.12 7.68

TRUCK DRIVER: Dump Truck........$ 12.07 2.06

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

================================================================

Unlisted classifications needed for work not included within

the scope of the classifications listed may be added after

Page 2 of 4


award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type(s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical

order of "identifiers" that indicate whether the particular

rate is union or non-union.

Union Identifiers

An identifier enclosed in dotted lines beginning with

characters other than "SU" denotes that the union

classification and rate have found to be prevailing for that

classification. Example: PLUM0198-005 07/01/2011. The first

four letters , PLUM, indicate the international union and the

four-digit number, 0198, that follows indicates the local union

number or district council number where applicable , i.e.,

Plumbers Local 0198. The next number, 005 in the example, is

an internal number used in processing the wage determination.

The date, 07/01/2011, following these characters is the

effective date of the most current negotiated rate/collective

bargaining agreement which would be July 1, 2011 in the above

example.

Union prevailing wage rates will be updated to reflect any

changes in the collective bargaining agreements governing the

rates.

0000/9999: weighted union wage rates will be published annually

each January.

Non-Union Identifiers

Classifications listed under an "SU" identifier were derived

from survey data by computing average rates and are not union

rates; however, the data used in computing these rates may

include both union and non-union data. Example: SULA2004-007

5/13/2010. SU indicates the rates are not union majority rates,

LA indicates the State of Louisiana; 2004 is the year of the

survey; and 007 is an internal number used in producing the

wage determination. A 1993 or later date, 5/13/2010, indicates

the classifications and rates under that identifier were issued

as a General Wage Determination on that date.

Survey wage rates will remain in effect and will not change

until a new survey is conducted.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

Page 3 of 4


1.) Has there been an initial decision in the matter? This can

be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on

a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests

for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted

because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial

contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal

process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an

interested party (those affected by the action) can request

review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator




The request should be accompanied by a full statement of the

interested party's position and by any information (wage

payment data, project description, area practice material,

etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board




4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION

Page 4 of 4




Charlottesville, VA


SPECIAL PROVISIONS

Page 1 of 5

SP-1 CONFLICT WITH OTHER CONTROLS

In the event of conflict between these requirements and pollution control laws, rules, or regulations or

other federal, state, or local agencies, the more restrictive laws, rules, or regulations shall apply. The

CONTRACTOR shall be responsible for assuring compliance to the extent that construction practices,

construction operations, and construction work are involved.

SP-2 PAVEMENT LOADING

The existing airport pavements are designed for aircraft on single and dual gear configurations. The

CONTRACTOR shall preserve and/or protect existing and new pavements from damage due to

construction operations. Existing pavements which are damaged shall be replaced or repaved at the

CONTRACTOR'S expense. The CONTRACTOR shall take immediate action to alleviate the problem.

SP-3 COMMUNICATIONS

The CONTRACTOR shall keep the resident project representative apprised of his/her scheduled

construction activities in order to allow proper notification of the airport manager and airport operators.

As a minimum, weekly meetings to discuss construction progress and location should be anticipated.

The CONTRACTOR shall have a two-way radio at the jobsite at all times work is in progress. The

CONTRACTOR shall monitor the ground control frequency or the Common Air Traffic Advisory

frequency of the Control Tower.

SP-4 AIRCRAFT OPERATIONS

It is the intent of the OWNER to minimize interference with aircraft operations. The CONTRACTOR

shall coordinate his/her activities while working near the aircraft operational area, so as to create minimal

interference with aircraft operations. Before starting his/her operations at any location on the airport, the

CONTRACTOR shall assure proper safety precautions and separations in accordance with the Plans and

Section 130 of the General Provisions and referenced FAA Advisory Circular.

SP-5 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND

FACILITIES OF OTHERS

The following statements concerning FAA cables and FAA NAVAID equipment shall apply to this

project.

(a) The local FAA Airway Facilities Sector Field Office (AFSFO) personnel, will, upon notification,

mark all FAA cables in the vicinity of construction once, prior to the start of work. The

CONTRACTOR shall be responsible for any damage to cables within three feet of the marked

cable route. Should he/she damage any cables he/she shall immediately take all steps necessary

for the repair of the cable. If the repair necessitates any work on the part of the local FAA

personnel, the CONTRACTOR will be billed for all costs incurred.

(b) The CONTRACTOR shall minimize, as much as possible, locations where haul routes will cross earth

buried FAA cable. At such crossing points, the cable must be protected with steel boiler-plate or

a similar structural device.



Charlottesville, VA


SPECIAL PROVISIONS

Page 2 of 5

© 2010 Gresham, Smith and Partners. All rights reserved. Use subject to any written agreement with Gresham, Smith and Partners.

(c) At times when either threshold is displaced or equipment is operating in an ILS clear zone, that

respective ILS must be taken off the air. Also, when equipment is operating between a localizer

antenna and its associated landing threshold, that localizer must be taken off the air. The work

must be closely coordinated with the local AFSFO to eliminate unnecessary shutdowns.

SP-6 RECORD DRAWINGS

The CONTRACTOR shall maintain during the work and shall provide the ARCHITECT with one set of

marked prints showing any modifications between the original plans and final "as-constructed"

conditions. The CONTRACTOR shall provide the marked set of drawings to the ARCHITECT at the

final inspection.

SP-7 FINAL INSPECTIONS

The Architect will attend a final inspection and if necessary, one follow-up final inspection of the

completed work and the completed punch list items, respectively. These inspections will be scheduled

when the Contractor indicates that the work is complete and ready for final inspection or that the punch

list is totally complete and the final inspection can be made. If the Architect is required to conduct more

than two (2) final inspections outlined above, the charges for the Architect's services associated with such

additional inspections shall be deducted by the Owner from the Contractor's final payment for the project.

SP-8 EXISTING AIRFIELD LIGHT FIXTURES

The Contractor shall protect existing lighting fixtures from damage during construction by his operations.

An inventory of existing fixtures shall be taken before construction begins and the Contractor shall be

responsible for the cost of replacement of any fixtures damaged by his operations.

SP-9 PROJECT SCHEDULE

The Contractor shall submit prior to the Preconstruction Conference (to be scheduled prior to

construction) a detailed progress plan for the project. The plan shall be developed in a "Critical Path

Method" (CPM) format to include production rates per work period and time for mobilization and

demobilization each day. Once the Contractor's plan has been reviewed by the Architect, any deviations

must be incorporated into an updated schedule and submitted for review by the Architect.

The Contractor shall review the project schedule with the Architect and/or Resident Project

Representative prior to submittal of the monthly Contractor Pay Request. Any update deemed necessary

by the Architect or the Contractor shall be incorporated and the revised schedule submitted with the pay

request. The Pay Request will not be processed unless an accurate up-to-date schedule is on file with the

Architect.

SP-10 CONSTRUCTION FLAGS

The Contractor shall furnish aircraft warning flags, in aeronautical areas, colored orange and white, three

feet (3') by three feet (3') in a checkerboard pattern for equipment and flagmen use. Flags on equipment

shall be mounted on a staff not less than eight feet (8') in length. Each truck or other piece of equipment

of the Contractors shall have a warning flag attached to it, in a vertical and clearly visible position.

SP-11 ALTERNATES & ADDITIVES



Charlottesville, VA


SPECIAL PROVISIONS

Page 3 of 5

The alternates developed under this project have been designed for budget flexibility. Each lower

numbered alternate includes the work of higher numbered alternates. The bid proposal quantities for each

alternate are independent, i.e., only one alternate will be awarded if the Owner elects to make an award.

The Owner reserves the right to award the alternate which is in the best interest of the Owner.

SP-12 EMPLOYMENT HISTORY

The CONTRACTOR shall provide background information concerning the ten (10) year employment

history on all its employees or affiliated personnel who will be involved with work inside the security

fence. Based upon background information on an employee, the OWNER reserves the right to restrict

the access of an employee of the CONTRACTOR from working inside the security fence for reasons of

airport security. Identification badges will be required for all personnel entering the aircraft operational

areas (AOA) and can be obtained from the Airport Manager. A nominal fee may be charged to cover the

cost of the materials for these identification badges.

SP-13 UTILITY CONFLICTS

The Contractor should anticipate conflicts with existing utilities. Where conflicts are encountered, the

Contractor shall reroute electrical conduits, ducts, water pressure lines and/or force mains around gravity

lines which will take precedence over pressure lines for maintaining vertical alignment as shown on plans.

Conflicts between pressure lines shall be resolved as ordered by the Architect. No additional payment

will be made for rerouting utilities due to conflicts.

The Contractor shall be responsible for repair to utilities in service which are damaged by the Contractor's

men and equipment. The Contractor shall assume all risk and liability for any inconvenience, delay, or

expense that may be occasioned by public utilities. No additional compensation will be allowed for

delays, inconvenience, or damage sustained by the Contractor due to interference from the said utility

appurtenances or the operations of moving them. The time for completion may be extended if it is

determined by the owner that a project delay to critical pathwork items has occurred.

SP-14 TESTING GENERAL

The Contractor shall inform the Architect when work in progress or an area will be subject to or has been

prepared for testing. Timely communication between the Contractor and the Architect will be required

to schedule needed testing. All quality assurance testing will be performed by the Owner’s testing

laboratory under the direction of the Architect. The Contractor is advised that the cost of failing tests

requiring additional tests to confirm compliance will be deducted from the monies due to Contractor

through the Progress Payment Process.

SP-15 MATERIALS TESTING

The Contractor shall provide actual test results and/or certifications for all materials incorporated into the

work to assure his/her compliance with the contract specifications. Current ASTM, AASHTO, and/or

federal specifications on the date of advertisement for bids shall be used. The latest edition of other

referenced specifications, handbooks or documents shall be used. Prior to installing, placing, or

incorporating any materials into the work, the Contractor shall provide four (4) copies of the materials

tests and/or certifications required by the specifications to the Architect.



Charlottesville, VA


SPECIAL PROVISIONS

Page 4 of 5

© 2010 Gresham, Smith and Partners. All rights reserved. Use subject to any written agreement with Gresham, Smith and Partners.

The Testing/Certification submittals required by the specifications shall be provided by the Contractor to

the Architect at the Contractor's expense. The required submittals shall be all tests and certifications

required by the specifications.

SP-16 DUST CONTROL

The Contractor is advised that aircraft maintenance operations are conducted adjacent to the project.

Special attention to dust control will be required during the course of the project. The use of water and

calcium chloride shall be anticipated. The Architect reserves the right to halt work or hauling in non-

conforming areas, if corrective actions are not promptly taken by the Contractor to control dust.

SP-17 ON-SITE CONTRACTOR SUPERVISION

The Contractor shall keep on the project at all times during its progress, a competent resident

superintendent whose name and qualifications shall be furnished to the Architect at the Pre-Construction

Meeting and who shall not be replaced without prior written notice to the Architect, except under

extraordinary circumstances, in which event immediate written notice shall be given to the Architect. The

superintendent will be the Contractor’s representative at the site and shall have the authority to act on

behalf of the Contractor and to receive any and all notices or instructions given pursuant to the Contract

Documents. The superintendent shall be an employee of the Contractor. The Contractor shall provide

competent and suitable personnel, equipment and supplies to perform the work required by the Contract

Documents. He/she shall at all times maintain good discipline and order at the site.

SP-18 SAFETY PLAN COMPLIANCE DOCUMENT (SPCD)

Introduction

The Contractor is responsible for compliance with FAA Advisory Circular (AC) 150/5370-2F,

“Operational Safety on Airports During Construction” and the project Construction Safety and Phasing

Plan (CSPP), and is responsible for preparing a project specific Safety Plan Compliance Document

(SPCD) describing their plan for said compliance.

Definitions and references

FAA AC150/5370-2F – Operational Safety on Airports During Construction

This FAA Advisory Circular document outlines the responsibilities and requirements for CSPPs and

SPCDs, as well as operational safety requirements. A copy is attached as an appendix to these

specifications.

CSPP - Construction Safety and Phasing Plan

This Owner document is prepared in accordance with AC 150/5370-2F, and outlines the project specific

requirements for airfield operational safety, work area milestones, and sequencing during construction of

the project. It is a project specific document that is prepared by the Owner, and submitted and approved

by the FAA. A copy is attached as an appendix to these specifications.

SPCD - Safety Plan Compliance Document



Charlottesville, VA


SPECIAL PROVISIONS

Page 5 of 5

This Contractor document is prepared in accordance with AC 150/5370-2F, and outlines the specific

methods and actions to be taken by the Contractor to ensure compliance with the CSPP. The Contractor

is responsible for developing a project specific SPCD, and submitting it to the Owner for review prior to

the start of construction. The document shall include the items listed in AC 150/5370-2F, Chapter 1,

Section 104.c.

Summary

The Contractor is responsible for complying with AC 150/5370-2F, the Owner prepared CSPP, and the

Contractor prepared SPCD.

In accordance with the contract documents, jobsite safety is the sole responsibility of the Contractor. The

Architect is not responsible for the Contractor’s means, methods, techniques, sequences, or procedures of

construction or the safety precautions incident thereto. In reviewing any documents prepared by the

Contractor, neither the Owner nor Architect are assuming any responsibility for jobsite safety.

No separate measurement or payment shall be made for completion of the SPCD, or compliance with the

noted three documents.

END OF DOCUMENT


September 29, 2011 AC 150/5370-2F

43 Appendix 3 Safety and Phasing Plan Checklist

Appendix 3. Safety and Phasing Plan Checklist

This appendix is keyed to Section 2. Plan Requirements. In the electronic version of this AC, clicking on

the paragraph designation in the Reference column will access the applicable paragraph. There may be

instances where the CSPP requires provisions that are not covered by the list in this appendix.

This checklist is intended as an aid, not as a required submittal.

Coordination Reference Addressed Remarks

General Considerations

Requirements for predesign, prebid, and

preconstruction conferences to introduce the

subject of airport operational safety during

construction are specified.

205 □

Yes

□

No

□

NA

Operational safety is a standing agenda item for

construction progress meetings. 205 □

Yes

□

No

□

NA

Scheduling of the construction phases is properly

addressed. 206 □

Yes

□

No

□

NA

Areas and Operations Affected by Construction Activity

Drawings showing affected areas are included. 207.a □

Yes

□

No

□

NA

Closed or partially closed runways, taxiways,

and aprons are depicted on drawings. 207.a(1) □

Yes

□

No

□

NA

Access routes used by ARFF vehicles affected

by the project are addressed. 207.a(2) □

Yes

□

No

□

NA

Access routes used by airport and airline support

vehicles affected by the project are addressed. 207.a(3) □

Yes

□

No

□

NA

Underground utilities, including water supplies

for fire fighting and drainage. 207.a(4) □

Yes

□

No

□

NA

Approach/departure surfaces affected by heights

of temporary objects are addressed. 207.a(5) □

Yes

□

No

□

NA

Construction areas, storage areas, and access

routes near runways, taxiways, aprons, or

helipads are properly depicted on drawings.

207.a □

Yes

□

No

□

NA

Temporary changes to taxi operations are

addressed. 207.b(1) □

Yes

□

No

□

NA

AC 150/5370-2F September 29, 2011

Appendix 3 Safety and Phasing Plan Checklist 44


Detours for ARFF and other airport vehicles are

identified. 207.b(2) □

Yes

□

No

□

NA

Maintenance of essential utilities and

underground infrastructure is addressed. 207.b(3) □

Yes

□

No

□

NA

Temporary changes to air traffic control

procedures are addressed. 207.b(4) □

Yes

□

No

□

NA

NAVAIDS

Critical areas for NAVAIDs are depicted on

drawings. 208 □

Yes

□

No

□

NA

Effects of construction activity on the

performance of NAVAIDS, including

unanticipated power outages, are addressed.

208 □

Yes

□

No

□

NA

Protection of NAVAID facilities is addressed. 208 □

Yes

□

No

□

NA

The required distance and direction from each

NAVAID to any construction activity is depicted

on drawings.

208 □

Yes

□

No

□

NA

Procedures for coordination with FAA

ATO/Technical Operations, including

identification of points of contact, are included.

208, 213.a,

213.e(3)(a),

218.a

□

Yes

□

No

□

NA

Contractor Access

The CSPP addresses areas to which contractor

will have access and how the areas will be

accessed.

209 □

Yes

□

No

□

NA

The application of 49 CFR Part 1542 Airport

Security, where appropriate, is addressed. 209 □

Yes

□

No

□

NA

The location of stockpiled construction materials

is depicted on drawings. 209.a □

Yes

□

No

□

NA

The requirement for stockpiles in the ROFA to

be approved by FAA is included. 209.a □

Yes

□

No

□

NA

Requirements for proper stockpiling of materials

are included. 209.a □

Yes

□

No

□

NA

September 29, 2011 AC 150/5370-2F



Construction site parking is addressed. 209.b(1) □

Yes

□

No

□

NA

Construction equipment parking is addressed. 209.b(2) □

Yes

□

No

□

NA

Access and haul roads are addressed. 209.b(3) □

Yes

□

No

□

NA

A requirement for marking and lighting of

vehicles to comply with AC 150/5210-5,

Painting, Marking and Lighting of Vehicles

Used on an Airport, is included.

209.b(4) □

Yes

□

No

□

NA

Proper vehicle operations, including

requirements for escorts, are described.

209.b(5),

209.b(6) □

Yes

□

No

□

NA

Training requirements for vehicle drivers are


Yes

□

No

□

NA

Two-way radio communications procedures are

described. 209.b(9) □

Yes

□

No

□

NA

Maintenance of the secured area of the airport is


Yes

□

No

□

NA

Wildlife Management

The airport operator’s wildlife management

procedures are addressed. 210 □

Yes

□

No

□

NA

Foreign Object Debris Management

The airport operator’s FOD management


Yes

□

No

□

NA

Hazardous Materials Management

The airport operator’s hazardous materials

management procedures are addressed. 212 □

Yes

□

No

□

NA

Notification of Construction Activities

Procedures for the immediate notification of

airport user and local FAA of any conditions

adversely affecting the operational safety of the

airport are detailed.

213 □

Yes

□

No

□

NA

AC 150/5370-2F September 29, 2011



Maintenance of a list by the airport operator of

the responsible representatives/points of contact

for all involved parties and procedures for

contacting them 24 hours a day, seven days a

week is specified.

213.a □

Yes

□

No

□

NA

A list of local ATO/Technical Operations

personnel is included. 213.a □

Yes

□

No

□

NA

A list of ATCT managers on duty is included. 213.a □

Yes

□

No

□

NA

A list of authorized representatives to the OCC is

included. 213.b □

Yes

□

No

□

NA

Procedures for coordinating, issuing, maintaining

and cancelling by the airport operator of

NOTAMS about airport conditions resulting

from construction are included.

208, 213.b,

218.b(4)(i) □

Yes

□

No

□

NA

Provision of information on closed or hazardous

conditions on airport movement areas by the

airport operator to the OCC is specified.

213.b □

Yes

□

No

□

NA

Emergency notification procedures for medical,

fire fighting, and police response are addressed. 213.c □

Yes

□

No

□

NA

Coordination with ARFF personnel for non-

emergency issues is addressed. 213.d □

Yes

□

No

□

NA

Notification to the FAA under 14 CFR parts 77

and 157 is addressed. 213.e □

Yes

□

No

□

NA

Reimbursable agreements for flight checks

and/or design and construction for FAA owned

NAVAIDs are addressed.

213.e(3)(b) □

Yes

□

No

□

NA

Inspection Requirements

Daily inspections by both the airport operator

and contractor are specified. 214.a □

Yes

□

No

□

NA

Final inspections at certificated airports are

specified when required. 214.b □

Yes

□

No

□

NA

Underground Utilities

Procedures for protecting existing underground

facilities in excavation areas are described. 215 □

Yes

□

No

□

NA

September 29, 2011 AC 150/5370-2F



Penalties

Penalty provisions for noncompliance with

airport rules and regulations and the safety plans

are detailed.

216 □

Yes

□

No

□

NA

Special Conditions

Any special conditions that affect the operation

of the airport or require the activation of any

special procedures are addressed.

217 □

Yes

□

No

□

NA

Runway and Taxiway Visual Aids - Marking, Lighting, Signs, and Visual NAVAIDs

The proper securing of temporary airport

markings, lighting, signs, and visual NAVAIDs

is addressed.

218.a □

Yes

□

No

□

NA

Frangibility of airport markings, lighting, signs,

and visual NAVAIDs is specified.

218.a, 218.c,

219, 220.b(4) □

Yes

□

No

□

NA

The requirement for markings to be in

compliance with AC 150/5340-1, Standards for

Airport Markings is specified.

218.b □

Yes

□

No

□

NA

The requirement for lighting to conform to AC

150/5340-30, Design and Installation Details for

Airport Visual Aids, AC 150/5345-50,

Specification for Portable Runway and Taxiway

Lights , and AC 150/5345-53 Airport Lighting

Certification Program, is specified.

218.b(1)(f) □

Yes

□

No

□

NA

The use of a lighted X is specified where

appropriate.

218.b(1)(b),

218.b(3) □

Yes

□

No

□

NA

The requirement for signs to conform to AC

150/5345-44, Specification for Runway and

Taxiway Signs, AC 50/5340-18, Standards for

Airport Sign Systems, and AC 150/5345-53,

Airport Lighting Certification Program, is

specified.

218.c □

Yes

□

No

□

NA

Marking and Signs For Access Routes

The CSPP specifies that pavement markings and

signs intended for construction personnel should

conform to AC 150/5340-18 and, to the extent

practicable, with the MUTCD and/or State

highway specifications.

219 □

Yes

□

No

□

NA

Hazard Marking and Lighting

Prominent, comprehensible warning indicators

for any area affected by construction that is

normally accessible to aircraft, personnel, or

vehicles are specified.

220.a □

Yes

□

No

□

NA

AC 150/5370-2F September 29, 2011



Hazard marking and lighting are specified to

identify open manholes, small areas under repair,

stockpiled material, and waste areas.

220.a □

Yes

□

No

□

NA

The CSPP considers less obvious construction-

related hazards. 220.a □

Yes

□

No

□

NA

Equipment that poses the least danger to aircraft

but is sturdy enough to remain in place when

subjected to typical winds, prop wash and jet

blast is specified.

220.b(1) □

Yes

□

No

□

NA

The spacing of barricades is specified such that a

breach is physically prevented barring a

deliberate act.

220.b(1) □

Yes

□

No

□

NA

Red lights meeting the luminance requirements

of the State Highway Department are specified. 220.b(2) □

Yes

□

No

□

NA

Barricades, temporary markers, and other objects

placed and left in areas adjacent to any open

runway, taxiway, taxi lane, or apron are specified

to be as low as possible to the ground, and no

more than 18 in high.

220.b(4) □

Yes

□

No

□

NA

Barricades marked with diagonal, alternating

orange and white stripes are specified to indicate

construction locations in which no part of an

aircraft may enter.

220.b(4) □

Yes

□

No

□

NA

Highly reflective barriers with lights are

specified to barricade taxiways leading to closed

runways.

220.b(5) □

Yes

□

No

□

NA

Markings for temporary closures are specified. 220.b(5) □

Yes

□

No

□

NA

The provision of a contractor’s representative on

call 24 hours a day for emergency maintenance

of airport hazard lighting and barricades is

specified.

220.b(7) □

Yes

□

No

□

NA

Protection of Runway and Taxiway Safety Areas

The CSPP clearly states that no construction may

occur within a safety area while the associated

runway or taxiway is open for aircraft

operations.

221.a(1),

221.c(1) □

Yes

□

No

□

NA

The CSPP specifies that the airport operator

coordinates the adjustment of RSA or TSA

dimensions with the ATCT and the appropriate

FAA Airports Regional or District Office and

issues a local NOTAM.

221.a(2),

221.c(2) □

Yes

□

No

□

NA

September 29, 2011 AC 150/5370-2F



Procedures for ensuring adequate distance for

protection from blasting operations, if required

by operational considerations, are detailed.

221.c(3) □

Yes

□

No

□

NA

The CSPP specifies that open trenches or

excavations are not permitted within a safety

area while the associated runway or taxiway is

open.

221.a(4) □

Yes

□

No

□

NA

Appropriate covering of excavations in the RSA

or TSA that cannot be backfilled before the

associated runway or taxiway is open is detailed.

221.a(4) □

Yes

□

No

□

NA

The CSPP includes provisions for prominent

marking of open trenches and excavations at the

construction site.

221.a(4) □

Yes

□

No

□

NA

Grading and soil erosion control to maintain

RSA/TSA standards are addressed. 221.c(5) □

Yes

□

No

□

NA

The CSPP specifies that equipment is to be

removed from the ROFA when not in use. 221.b □

Yes

□

No

□

NA


occur within a taxiway safety area while the

taxiway is open for aircraft operations.

221.c □

Yes

□

No

□

NA

Appropriate details are specified for any

construction work to be accomplished in a

taxiway object free area.

221.d □

Yes

□

No

□

NA

Measures to ensure that personnel, material,

and/or equipment do not penetrate the OFZ or

threshold siting surfaces while the runway is

open for aircraft operations are included.

221.e □

Yes

□

No

□

NA

Provisions for protection of runway

approach/departure areas and clearways are

included.

221.f □

Yes

□

No

□

NA

Other Limitations on Construction

The CSPP prohibits the use of open flame

welding or torches unless adequate fire safety

precautions are provided and the airport operator

has approved their use.

222.a(2) □

Yes

□

No

□

NA

The CSPP prohibits the use of flare pots within

the AOA at any time. 222.a(4) □

Yes

□

No

□

NA

The CSPP prohibits the use of electrical blasting

caps on or within 1,000 ft (300 m) of the airport

property.

222.a(3) □

Yes

□

No

□

NA

September 29, 2011 AC 150/5370-2F

51 Appendix 4 Construction Project Daily Safety Inspection Checklist

Appendix 4. Construction Project Daily Safety Inspection Checklist

The situations identified below are potentially hazardous conditions that may occur during airport

construction projects. Safety area encroachments, unauthorized and improper ground vehicle operations,

and unmarked or uncovered holes and trenches near aircraft operating surfaces pose the most prevalent

threats to airport operational safety during airport construction projects. The list below is one tool that the

airport operator or contractor may use to aid in identifying and correcting potentially hazardous

conditions. It should be customized as appropriate for each project.

Potentially Hazardous Conditions

Item Action Required or None

Excavation adjacent to runways, taxiways, and aprons

improperly backfilled. □

Mounds of earth, construction materials, temporary

structures, and other obstacles near any open runway,

taxiway, or taxi lane; in the related Object Free area

and aircraft approach or departure areas/zones; or

obstructing any sign or marking.

□

Runway resurfacing projects resulting in lips exceeding

3 in (7.6 cm) from pavement edges and ends. □

Heavy equipment (stationary or mobile) operating or

idle near AOA, in runway approaches and departures

areas, or in OFZ.

□

Equipment or material near NAVAIDs that may

degrade or impair radiated signals and/or the

monitoring of navigation and visual aids. Unauthorized

or improper vehicle operations in localizer or glide

slope critical areas, resulting in electronic interference

and/or facility shutdown.

□

Tall and especially relatively low visibility units (that

is, equipment with slim profiles) — cranes, drills, and

similar objects — located in critical areas, such as OFZ

and approach zones.

□

Improperly positioned or malfunctioning lights or

unlighted airport hazards, such as holes or excavations,

on any apron, open taxiway, or open taxi lane or in a

related safety, approach, or departure area.

□

Obstacles, loose pavement, trash, and other debris on or

near AOA. Construction debris (gravel, sand, mud,

paving materials) on airport pavements may result in

aircraft propeller, turbine engine, or tire damage. Also,

loose materials may blow about, potentially causing

personal injury or equipment damage.

□

AC 150/5370-2F September 29, 2011

Appendix 4 Construction Project Daily Safety Inspection Checklist 52


Inappropriate or poorly maintained fencing during

construction intended to deter human and animal

intrusions into the AOA. Fencing and other markings

that are inadequate to separate construction areas from

open AOA create aviation hazards.

□

Improper or inadequate marking or lighting of runways

(especially thresholds that have been displaced or

runways that have been closed) and taxiways that could

cause pilot confusion and provide a potential for a

runway incursion. Inadequate or improper methods of

marking, barricading, and lighting of temporarily

closed portions of AOA create aviation hazards.

□

Wildlife attractants — such as trash (food scraps not

collected from construction personnel activity), grass

seeds, tall grass, or standing water — on or near

airports.

□

Obliterated or faded temporary markings on active

operational areas. □

Misleading or malfunctioning obstruction lights.

Unlighted or unmarked obstructions in the approach to

any open runway pose aviation hazards.

□

Failure to issue, update, or cancel NOTAMs about

airport or runway closures or other construction related

airport conditions.

□

Failure to mark and identify utilities or power cables.

Damage to utilities and power cables during

construction activity can result in the loss of runway /

taxiway lighting; loss of navigation, visual, or approach

aids; disruption of weather reporting services; and/or

loss of communications.

□

Restrictions on ARFF access from fire stations to the

runway / taxiway system or airport buildings. □

Lack of radio communications with construction

vehicles in airport movement areas. □

Objects, regardless of whether they are marked or

flagged, or activities anywhere on or near an airport

that could be distracting, confusing, or alarming to

pilots during aircraft operations.

□

Water, snow, dirt, debris, or other contaminants that

temporarily obscure or derogate the visibility of

runway/taxiway marking, lighting, and pavement

edges. Any condition or factor that obscures or

diminishes the visibility of areas under construction.

□

Spillage from vehicles (gasoline, diesel fuel, oil) on

active pavement areas, such as runways, taxiways,

aprons, and airport roadways.

□

September 29, 2011 AC 150/5370-2F



Failure to maintain drainage system integrity during

construction (for example, no temporary drainage

provided when working on a drainage system).

□

Failure to provide for proper electrical lockout and

tagging procedures. At larger airports with multiple

maintenance shifts/workers, construction contractors

should make provisions for coordinating work on

circuits.

□

Failure to control dust. Consider limiting the amount of

area from which the contractor is allowed to strip turf. □

Exposed wiring that creates an electrocution or fire

ignition hazard. Identify and secure wiring, and place it

in conduit or bury it.

□

Site burning, which can cause possible obscuration. □

Construction work taking place outside of designated

work areas and out of phase. □

Advisory

Circular U.S. Department

of Transportation

Federal Aviation

Administration

Subject: Operational Safety on

Airports During Construction

Date: 9/29/11

Initiated by: AAS-100

AC No: 150/5370-2F

1. Purpose. This AC sets forth guidelines for operational safety on airports during construction.

2. What this AC Cancels. This AC cancels AC 150/5370-2E, Operational Safety on Airports During

Construction, dated January 17, 2003.

3. Whom This AC Affects. This AC assists airport operators in complying with Title 14 Code of

Federal Regulations (CFR) Part 139, Certification of Airports (Part 139). For those certificated airports,

this AC provides one way, but not the only way, of meeting those requirements. The use of this AC is

mandatory for those airport construction projects receiving funds under the Airport Improvement Program

(AIP) or the Passenger Facility Charge (PFC) Program. See Grant Assurance No. 34, “Policies,

Standards, and Specifications,” and PFC Assurance No. 9, “Standard and Specifications.” While we do

not require non-certificated airports without grant agreements to adhere to these guidelines, we

recommend that they do so to help these airports maintain operational safety during construction.

4. Principal Changes.

a. Construction activities are prohibited in safety areas while the associated runway or taxiway is

open to aircraft.

b. Guidance is provided in incorporating Safety Risk Management.

c. Recommended checklists are provided for writing Construction Safety and Phasing Plans and for

daily inspections.

5. Reading Material Related to this AC. Numerous ACs are referenced in the text of this AC. These

references do not include a revision letter, as they are to be read as referring to the latest version.

Appendix 1 contains a list of reading material on airport construction, design, and potential safety hazards

during construction, as well as instructions for obtaining these documents.

Michael J. O’Donnell Director of Airport Safety and Standards

AC 150/5370-2F September 29, 2011

ii

Intentionally Left Blank

September 29, 2011 AC 150/5370-2F

iii

Table of Contents

Chapter 1. Planning an Airfield Construction Project 1 101. Overview. 1 102. Plan for Safety. 1 103. Develop a Construction Safety and Phasing Plan (CSPP). 2 104. Who Is Responsible for Safety During Construction? 3

Chapter 2. Construction Safety and Phasing Plans 7 201. Overview. 7 202. Assume Responsibility. 7 203. Submit the CSPP. 7 204. Meet CSPP Requirements. 7 205. Coordination. 11 206. Phasing. 11 207. Areas and Operations Affected by Construction Activity. 12 208. Navigation Aid (NAVAID) Protection. 13 209. Contractor Access. 13 210. Wildlife Management. 15 211. Foreign Object Debris (FOD) Management. 16 212. Hazardous Materials (HAZMAT) Management. 16 213. Notification of Construction Activities. 16 214. Inspection Requirements. 17 215. Underground Utilities. 17 216. Penalties. 17 217. Special Conditions. 17 218. Runway and Taxiway Visual Aids. 18 219. Marking and Signs for Access Routes. 24 220. Hazard Marking, Lighting and Signing. 24 221. Protection of Runway and Taxiway Safety Areas. 26 222. Other Limitations on Construction. 28

Chapter 3. Guidelines for Writing a CSPP 31 301. General Requirements. 31 302. Applicability of Subjects. 31 303. Graphical Representations. 31 304. Reference Documents. 31 305. Restrictions. 31 306. Coordination. 31 307. Phasing. 32 308. Areas and Operations Affected By Construction. 32 309. Navigation Aid (NAVAID) Protection. 33 310. Contractor Access. 33 311. Wildlife Management. 34 312. Foreign Object Debris (FOD) Management. 34 313. Hazardous Materials (HAZMAT) Management. 34 314. Notification of Construction Activities. 35 315. Inspection Requirements. 35 316. Underground Utilities. 35 317. Penalties. 35 318. Special Conditions. 35 319. Runway and Taxiway Visual Aids. 35 320. Marking and Signs for Access Routes. 36 321. Hazard Marking and Lighting. 36 322. Protection of Runway and Taxiway Safety Areas. 36 323. Other Limitations on Construction. 36

Appendix 1. Related Reading Material 37

AC 150/5370-2F September 29, 2011

iv

Appendix 2. Definition of Terms 39 Appendix 3. Safety and Phasing Plan Checklist 43 Appendix 4. Construction Project Daily Safety Inspection Checklist 51

List of Tables

Table 3-1 Sample Operations Effects ......................................................................................................... 32

List of Figures

Figure 2-1 Markings for a Temporarily Closed Runway ............................................................................ 19

Figure 2-2 Taxiway Closure ....................................................................................................................... 20

Figure 2-3 Lighted X in Daytime ................................................................................................................ 22

Figure 2-4 Lighted X at Night..................................................................................................................... 22

Figure 2-5 Interlocking Barricades ............................................................................................................. 25

Figure 2-6 Low Profile Barricades.............................................................................................................. 25

September 29, 2011 AC 150/5370-2F

1 Chapter 1 Planning an Airfield Construction Project

Chapter 1. Planning an Airfield Construction Project

101. Overview. Airports are complex environments, and procedures and conditions associated with

construction activities often affect aircraft operations and can jeopardize operational safety. Safety

considerations are paramount and may make operational impacts unavoidable. However, careful planning,

scheduling, and coordination of construction activities can minimize disruption of normal aircraft

operations and avoid situations that compromise the airport’s operational safety. The airport operator

must understand how construction activities and aircraft operations affect one another to be able to

develop an effective plan to complete the project. While the guidance in this AC is primarily used for

construction operations, some of the concepts, methods and procedures described may also enhance the

day-to-day airport maintenance operations, such as lighting maintenance and snow removal operations.

102. Plan for Safety. Safety, maintaining aircraft operations, and construction costs are all

interrelated. Since safety must not be compromised, the airport operator must strike a balance between

maintaining aircraft operations and construction costs. This balance will vary widely depending on the

operational needs and resources of the airport and will require early coordination with airport users and

the FAA. As the project design progresses, the necessary construction locations, activities, and associated

costs will be identified. As they are identified, their impact to airport operations must be assessed.

Adjustments are made to the proposed construction activities, often by phasing the project, and/or to

airport operations in order to maintain operational safety. This planning effort will ultimately result in a

project Construction Safety and Phasing Plan (CSPP). The development of the CSPP takes place through

the following five steps:

a. Identify Affected Areas. The airport operator must determine the geographic areas on the airport

affected by the construction project. Some, such as a runway extension, will be defined by the project.

Others may be variable, such as the location of haul routes and material stockpiles.

b. Describe Current Operations. Identify the normal airport operations in each affected area for

each phase of the project. This becomes the baseline from which the impact on operations by construction

activities can be measured. This should include a narrative of the typical users and aircraft operating

within the affected areas. It should also include information related to airport operations: the Aircraft

Reference Code (ACRC) for each runway; Airplane Design Group (ADG) and Taxiway Design Group

(TDG)1 for each affected taxiway; designated approach visibility minimums; available approach and

departure procedures; most demanding aircraft; declared distances; available air traffic control services;

airport Surface Movement Guidance and Control System plan; and others. The applicable seasons, days

and times for certain operations should also be identified as applicable.

c. Allow for Temporary Changes to Operations. To the extent practical, current airport

operations should be maintained during the construction. In consultation with airport users, Aircraft

Rescue and Fire Fighting (ARFF) personnel, and FAA Air Traffic Organization (ATO) personnel, the

airport operator should identify and prioritize the airport’s most important operations. The construction

activities should be planned, through project phasing if necessary, to safely accommodate these

operations. When the construction activities cannot be adjusted to safely maintain current operations,

regardless of their importance, then the operations must be revised accordingly. Allowable changes

include temporary revisions to approach procedures, restricting certain aircraft to specific runways and

taxiways, suspension of certain operations, decreased weights for some aircraft due to shortened runways,

1 Taxiway Design Group will be introduced in AC 150/5300-13A.

AC 150/5370-2F September 29, 2011

Chapter 1 Planning an Airfield Construction Project 2

and other changes. An example of a table showing temporary operations versus current operations is

shown in Table 3-1 Sample Operations Effects.

d. Take Required Measures to Revised Operations. Once the level and type of aircraft operations

to be maintained are identified, the airport operator must determine the measures required to safely

conduct the planned operations during the construction. These measures will result in associated costs,

which can be broadly interpreted to include not only direct construction costs, but also loss of revenue

from impacted operations. Analysis of costs may indicate a need to reevaluate allowable changes to

operations. As aircraft operations and allowable changes will vary so widely among airports, this AC

presents general guidance on those subjects.

e. Manage Safety Risk. Certain airport projects may require the airport operator to provide a

Project Proposal Summary to help the FAA to determine the appropriate level of Safety Risk

Management (SRM) documentation. The airport operator must coordinate with the appropriate FAA

Airports Regional or District Office early in the development of the CSPP to determine the need for SRM

documentation. See FAA Order 5200.11, FAA Airports (ARP) Safety Management System (SMS), for

more information. If the FAA requires SRM documentation, the airport operator must at a minimum:

(1) Notify the appropriate FAA Airports Regional or District Office during the project

“scope development” phase of any project requiring a CSPP.

(2) Provide documents identified by the FAA as necessary to conduct SRM.

(3) Participate in the SRM process for airport projects.

(4) Provide a representative to participate on the SRM panel.

(5) Ensure that all applicable SRM identified risks elements are recorded and mitigated

within the CSPP.

103. Develop a Construction Safety and Phasing Plan (CSPP). Development of an effective CSPP

will require familiarity with many other documents referenced throughout this AC. See Appendix 1,

Related Reading Material for a list of related reading material.

a. List Requirements. A CSPP must be developed for each on-airfield construction project funded

by the Airport Improvement Program (AIP) or the Passenger Facility Charge (PFC) program or located

on an airport certificated under Part 139. As per Order 5200.11, such projects do not include construction,

rehabilitation, or change of any facility that is entirely outside the air operations area, does not involve

any expansion of the facility envelope and does not involve construction equipment, haul routes or

placement of material in locations that require access to the air operations area, increase the facility

envelope, or impact line-of-sight. Such facilities may include passenger terminals and parking or other

structures. However, extraordinary circumstances may trigger the need for a Safety Assessment and a

CSPP. The CSPP is subject to subsequent review and approval under the FAA’s Safety Risk Management

procedures (see paragraph 102.e above). Additional information may be found in Order 5200.11.

b. Prepare a Safety Plan Compliance Document. The Safety Plan Compliance Document (SPCD)

details how the contractor will comply with the CSPP. Also, it will not be possible to determine all safety

plan details (for example specific hazard equipment and lighting, contractor’s points of contact,

construction equipment heights) during the development of the CSPP. The successful contractor must

define such details by preparing an SPCD that the airport operator reviews for approval prior to issuance

of a notice-to-proceed. The SPCD is a subset of the CSPP, similar to how a shop drawing review is a

subset to the technical specifications.

September 29, 2011 AC 150/5370-2F


c. Assume Responsibility for the CSPP. The airport operator is responsible for establishing and

enforcing the CSPP. The airport operator may use the services of an engineering consultant to help

develop the CSPP. However, writing the CSPP cannot be delegated to the construction contractor. Only

those details the airport operator determines cannot be addressed before contract award are developed by

the contractor and submitted for approval as the SPCD. The SPCD does not restate nor propose

differences to provisions already addressed in the CSPP.

104. Who Is Responsible for Safety During Construction?

a. Establish a Safety Culture. Everyone has a role in operational safety on airports during

construction: the airport operator, the airport’s consultants, the construction contractor and subcontractors,

airport users, airport tenants, ARFF personnel, Air Traffic personnel, including Technical Operations

personnel, FAA Airports Division personnel, and others. Close communication and coordination between

all affected parties is the key to maintaining safe operations. Such communication and coordination

should start at the project scoping meeting and continue through the completion of the project. The airport

operator and contractor should conduct onsite safety inspections throughout the project and immediately

remedy any deficiencies, whether caused by negligence, oversight, or project scope change.

b. Assess Airport Operator’s Responsibilities. An airport operator has overall responsibility for

all activities on an airport, including construction. This includes the predesign, design, preconstruction,

construction, and inspection phases. Additional information on the responsibilities listed below can be

found throughout this AC. The airport operator must:

(1) Develop a CSPP that complies with the safety guidelines of Chapter 2, Construction

Safety and Phasing Plans, and Chapter 3, Guidelines for Writing a CSPP. The airport operator may

develop the CSPP internally or have a consultant develop the CSPP for approval by the airport operator.

For tenant sponsored projects, approve a CSPP developed by the tenant or its consultant.

(2) Require, review and approve the SPCD by the contractor that indicates how it will

comply with the CSPP and provides details that cannot be determined before contract award.

(3) Convene a preconstruction meeting with the construction contractor, consultant, airport

employees and, if appropriate, tenant sponsor and other tenants to review and discuss project safety

before beginning construction activity. The appropriate FAA representatives should be invited to attend

the meeting. See AC 150/5300-9, Predesign, Prebid, and Preconstruction Conferences for Airport Grant

Projects. (Note “FAA” refers to the Airports Regional or District Office, the Air Traffic Organization,

Flight Standards Service, and other offices that support airport operations, flight regulations, and

construction/environmental policies.)

(4) Ensure contact information is accurate for each representative/point of contact

identified in the CSPP and SPCD.

(5) Hold weekly or, if necessary, daily safety meetings with all affected parties to

coordinate activities.

(6) Notify users, ARFF personnel, and FAA ATO personnel of construction and

conditions that may adversely affect the operational safety of the airport via Notices to Airmen (NOTAM)

and other methods, as appropriate. Convene a meeting for review and discussion if necessary.

(7) Ensure construction personnel know of any applicable airport procedures and of

changes to those procedures that may affect their work.

(8) Ensure construction contractors and subcontractors undergo training required by

the CSPP and SPCD.

AC 150/5370-2F September 29, 2011


(9) Ensure vehicle and pedestrian operations addressed in the CSPP and SPCD are

coordinated with airport tenants, the airport traffic control tower (ATCT), and construction contractors.

(10) At certificated airports, ensure each CSPP and SPCD is consistent with Part 139.

(11) Conduct inspections sufficiently frequently to ensure construction contractors and

tenants comply with the CSPP and SPCD and that there are no altered construction activities that could

create potential safety hazards.

(12) Resolve safety deficiencies immediately. At airports subject to 49 CFR Part 1542,

Airport Security, ensure construction access complies with the security requirements of that regulation.

(13) Notify appropriate parties when conditions exist that invoke provisions of the CSPP

and SPCD (for example, implementation of low-visibility operations).

(14) Ensure prompt submittal of a Notice of Proposed Construction or Alteration (Form

7460-1) for conducting an aeronautical study of potential obstructions such as tall equipment (cranes,

concrete pumps, other.), stock piles, and haul routes. A separate form may be filed for each potential

obstruction, or one form may be filed describing the entire construction area and maximum equipment

height. In the latter case, a separate form must be filed for any object beyond or higher than the originally

evaluated area/height. The FAA encourages online submittal of forms for expediency. The appropriate

FAA Airports Regional or District Office can provide assistance in determining which objects require an

aeronautical study.

(15) Promptly notify the FAA Airports Regional or District Office of any proposed

changes to the CSPP prior to implementation of the change. Changes to the CSPP require review and

approval by the airport operator and the FAA. Coordinate with appropriate local and other federal

government agencies, such as EPA, OSHA, TSA, and the state environmental agency.

c. Define Construction Contractor’s Responsibilities. The contractor is responsible for

complying with the CSPP and SPCD. The contractor must:

(1) Submit a Safety Plan Compliance Document (SPCD) to the airport operator describing

how it will comply with the requirements of the CSPP and supplying any details that could not be

determined before contract award. The SPCD must include a certification statement by the contractor that

indicates it understands the operational safety requirements of the CSPP and it asserts it will not deviate

from the approved CSPP and SPCD unless written approval is granted by the airport operator. Any

construction practice proposed by the contractor that does not conform to the CSPP and SPCD may

impact the airport’s operational safety and will require a revision to the CSPP and SPCD and re-

coordination with the airport operator and the FAA in advance.

(2) Have available at all times copies of the CSPP and SPCD for reference by the airport

operator and its representatives, and by subcontractors and contractor employees.

(3) Ensure that construction personnel are familiar with safety procedures and regulations

on the airport. Provide a point of contact who will coordinate an immediate response to correct any

construction-related activity that may adversely affect the operational safety of the airport. Many projects

will require 24-hour coverage.

(4) Identify in the SPCD the contractor’s on-site employees responsible for monitoring

compliance with the CSPP and SPCD during construction. At least one of these employees must be on-

site whenever active construction is taking place.

(5) Conduct inspections sufficiently frequently to ensure construction personnel comply

with the CSPP and SPCD and that there are no altered construction activities that could create potential

safety hazards.

September 29, 2011 AC 150/5370-2F


(6) Restrict movement of construction vehicles and personnel to permitted construction

areas by flagging, barricading, erecting temporary fencing, or providing escorts, as appropriate and as

specified in the CSPP and SPCD.

(7) Ensure that no contractor employees, employees of subcontractors or suppliers, or

other persons enter any part of the air operations area (AOA) from the construction site unless authorized.

(8) Ensure prompt submittal through the airport operator of Form 7460-1 for the

purpose of conducting an aeronautical study of contractor equipment such as tall equipment (cranes,

concrete pumps, other equipment), stock piles, and haul routes when different from cases previously filed

by the airport operator. The FAA encourages online submittal of forms for expediency.

d. Define Tenant’s Responsibilities if planning construction activities on leased property. Airport

tenants, such as airline operators, fixed base operators, and FAA ATO/Technical Operations sponsoring

construction must:

(1) Develop, or have a consultant develop, a project specific CSPP and submit it to the

airport operator for certification and subsequent approval by the FAA. The approved CSPP must be made

part of any contract awarded by the tenant for construction work.

(2) In coordination with its contractor, develop an SPCD and submit it to the airport

operator for approval to be issued prior to issuance of a Notice to Proceed.

(3) Ensure that construction personnel are familiar with safety procedures and

regulations on the airport.

(4) Provide a point of contact of who will coordinate an immediate response to correct any

construction-related activity that may adversely affect the operational safety of the airport.

(5) Identify in the SPCD the contractor’s on-site employees responsible for monitoring

compliance with the CSPP and SPCD during construction. At least one of these employees must be on-

site whenever active construction is taking place.

(6) Ensure that no tenant or contractor employees, employees of subcontractors or

suppliers, or any other persons enter any part of the AOA from the construction site unless authorized.

(7) Restrict movement of construction vehicles to construction areas by flagging and

barricading, erecting temporary fencing, or providing escorts, as appropriate, and as specified in the CSPP

and SPCD.

(8) Ensure prompt submittal through the airport operator of Form 7460-1 for the

purpose of conducting an aeronautical study of contractor equipment such as tall equipment (cranes,

concrete pumps, other.), stock piles, and haul routes. The FAA encourages online submittal of forms for

expediency.

AC 150/5370-2F September 29, 2011



September 29, 2011 AC 150/5370-2F

7 Chapter 2 Construction Safety and Phasing Plans

Chapter 2. Construction Safety and Phasing Plans

Section 1. Basic Considerations

201. Overview. Aviation safety is the primary consideration at airports, especially during construction.

The airport operator’s Construction Safety and Phasing Plan (CSPP) and the contractor’s Safety Plan

Compliance Document (SPCD) are the primary tools to ensure safety compliance when coordinating

construction activities with airport operations. These documents identify all aspects of the construction

project that pose a potential safety hazard to airport operations and outline respective mitigation

procedures for each hazard. They must provide all information necessary for the Airport Operations

department to conduct airfield inspections and expeditiously identify and correct unsafe conditions during

construction. All aviation safety provisions included within the project drawings, contract specifications,

and other related documents must also be reflected in the CSPP and SPCD.

202. Assume Responsibility. Operational safety on the airport remains the airport operator’s

responsibility at all times. The airport operator must develop, certify, and submit for FAA approval each

CSPP. It is the airport operator’s responsibility to apply the requirements of the FAA approved CSPP.

The airport operator must revise the CSPP when conditions warrant changes and must submit the revised

CSPP to the FAA for approval. The airport operator must also require and approve a SPCD from the

project contractor.

203. Submit the CSPP. Construction Safety and Phasing Plans should be developed concurrently with

the project design. Milestone versions of the CSPP should be submitted for review and approval as

follows. While these milestones are not mandatory, early submission will help to avoid delays. Submittals

are preferred in 8.5 x 11 in or 11 x 17 in format for compatibility with the FAA’s Obstruction Evaluation /

Airport Airspace Analysis (OE / AAA) process.

a. Submit an Outline/Draft. By the time approximately 25% to 30% of the project design is

completed, the principal elements of the CSPP should be established. Airport operators are encouraged to

submit an outline or draft, detailing all CSPP provisions developed to date, to the FAA for review at this

stage of the project design.

b. Submit a Construction Safety and Phasing Plan (CSPP). The CSPP should be formally

submitted for FAA approval when the project design is 80% to 90% complete. Since provisions in the

CSPP will influence contract costs, it is important to obtain FAA approval in time to include all such

provisions in the procurement contract.

c. Submit a Safety Plan Compliance Document (SPCD). The contractor should submit the SPCD

to the airport operator for approval to be issued prior to the Notice to Proceed.

d. Submit CSPP Revisions. All revisions to the CSPP or SPCD should be submitted to the FAA for

approval as soon as required changes are identified.

204. Meet CSPP Requirements.

a. To the extent possible, the CSPP should address the following as outlined in Section 2, Plan

Requirements and Chapter 3, Guidelines for Writing a CSPP, as appropriate. Details that cannot be

determined at this stage are to be included in the SPCD.

(1) Coordination.

AC 150/5370-2F September 29, 2011

Chapter 2 Construction Safety and Phasing Plans 8

(a) Contractor progress meetings.

(b) Scope or schedule changes.

(c) FAA ATO coordination.

(2) Phasing.

(a) Phase elements.

(b) Construction safety drawings

(3) Areas and operations affected by the construction activity.

(a) Identification of affected areas.

(b) Mitigation of effects.

(4) Protection of navigation aids (NAVAIDs).

(5) Contractor access.

(a) Location of stockpiled construction materials.

(b) Vehicle and pedestrian operations.

(6) Wildlife management.

(a) Trash.

(b) Standing water.

(c) Tall grass and seeds.

(d) Poorly maintained fencing and gates.

(e) Disruption of existing wildlife habitat.

(7) Foreign Object Debris (FOD) management.

(8) Hazardous materials (HAZMAT) management

(9) Notification of construction activities.

(a) Maintenance of a list of responsible representatives/ points of contact.

(b) Notices to Airmen (NOTAM).

(c) Emergency notification procedures.

(d) Coordination with ARFF Personnel.

(e) Notification to the FAA.

(10) Inspection requirements.

(a) Daily (or more frequent) inspections.

(b) Final inspections.

(11) Underground utilities.

(12) Penalties.

(13) Special conditions.

(14) Runway and taxiway visual aids. Marking, lighting, signs, and visual NAVAIDs.

September 29, 2011 AC 150/5370-2F


(a) General.

(b) Markings.

(c) Lighting and visual NAVAIDs.

(d) Signs.

(15) Marking and signs for access routes.

(16) Hazard marking and lighting.

(a) Purpose.

(b) Equipment.

(17) Protection. Of runway and taxiway safety areas, object free areas, obstacle free zones,

and approach/departure surfaces

(a) Runway Safety Area (RSA).

(b) Runway Object Free Area (ROFA).

(c) Taxiway Safety Area (TSA).

(d) Taxiway Object Free Area (TOFA).

(e) Obstacle Free Zone (OFZ).

(f) Runway approach/departure surfaces.

(18) Other limitations on construction.

(a) Prohibitions.

(b) Restrictions.

b. The Safety Plan Compliance Document (SPCD) should include a general statement by the

construction contractor that he/she has read and will abide by the CSPP. In addition, the SPCD must

include all supplemental information that could not be included in the CSPP prior to the contract award.

The contractor statement should include the name of the contractor, the title of the project CSPP, the

approval date of the CSPP, and a reference to any supplemental information (that is, “I , Name of

Contractor , have read the Title of Project CSPP, approved on Date , and will abide by it as written and

with the following additions as noted:”). The supplemental information in the SPCD should be written to

match the format of the CSPP indicating each subject by corresponding CSPP subject number and title. If

no supplemental information is necessary for any specific subject, the statement, “No supplemental

information,” should be written after the corresponding subject title. The SPCD should not duplicate

information in the CSPP:

(1) Coordination. Discuss details of proposed safety meetings with the airport operator and

with contractor employees and subcontractors.

(2) Phasing. Discuss proposed construction schedule elements, including:

(a) Duration of each phase.

(b) Daily start and finish of construction, including “night only” construction.

(c) Duration of construction activities during:

(i) Normal runway operations.

(ii) Closed runway operations.

AC 150/5370-2F September 29, 2011


(iii) Modified runway “Aircraft Reference Code” usage.

(3) Areas and operations affected by the construction activity. These areas and operations

should be identified in the CSPP and should not require an entry in the SPCD.

(4) Protection of NAVAIDs. Discuss specific methods proposed to protect operating

NAVAIDs.

(5) Contractor access. Provide the following:

(a) Details on how the contractor will maintain the integrity of the airport security

fence (gate guards, daily log of construction personnel, and other).

(b) Listing of individuals requiring driver training (for certificated airports and as

requested).

(c) Radio communications.

(i) Types of radios and backup capabilities.

(ii) Who will be monitoring radios.

(iii) Whom to contact if the ATCT cannot reach the contractor’s designated person by

radio.

(d) Details on how the contractor will escort material delivery vehicles.

(6) Wildlife management. Discuss the following:

(a) Methods and procedures to prevent wildlife attraction.

(b) Wildlife reporting procedures.

(7) Foreign Object Debris (FOD) management. Discuss equipment and methods for

control of FOD, including construction debris and dust.

(8) Hazardous material (HAZMAT) management. Discuss equipment and methods for

responding to hazardous spills.

(9) Notification of construction activities. Provide the following:

(a) Contractor points of contact.

(b) Contractor emergency contact.

(c) Listing of tall or other requested equipment proposed for use on the airport and

the timeframe for submitting 7460-1 forms not previously submitted by the airport operator.

(d) Batch plant details, including 7460-1 submittal.

(10) Inspection requirements. Discuss daily (or more frequent) inspections and special

inspection procedures.

(11) Underground utilities. Discuss proposed methods of identifying and protecting

underground utilities.

(12) Penalties. Penalties should be identified in the CSPP and should not require an entry in

the SPCD.

(13) Special conditions. Discuss proposed actions for each special condition identified in the

CSPP.

(14) Runway and taxiway visual aids. Including marking, lighting, signs, and visual

NAVAIDs. Discuss proposed visual aids including the following:

September 29, 2011 AC 150/5370-2F


(a) Equipment and methods for covering signage and airfield lights.

(b) Equipment and methods for temporary closure markings (paint, fabric, other).

(c) Types of temporary Visual Guidance Slope Indicators (VGSI).

(15) Marking and signs for access routes. Discuss proposed methods of demarcating access

routes for vehicle drivers.

(16) Hazard marking and lighting. Discuss proposed equipment and methods for identifying

excavation areas.

(17) Protection of runway and taxiway safety areas. including object free areas, obstacle

free zones, and approach/departure surfaces. Discuss proposed methods of identifying, demarcating, and

protecting airport surfaces including:

(a) Equipment and methods for maintaining Taxiway Safety Area standards.

(b) Equipment and methods for separation of construction operations from aircraft

operations, including details of barricades.

(18) Other limitations on construction should be identified in the CSPP and should not

require an entry in the SPCD.

Section 2. Plan Requirements

205. Coordination. Airport operators, or tenants conducting construction on their leased properties,

should use predesign, prebid, and preconstruction conferences to introduce the subject of airport

operational safety during construction (see AC 150/5300-9). In addition, the following should be

coordinated as required:

a. Contractor Progress Meetings. Operational safety should be a standing agenda item for

discussion during progress meetings throughout the project.

b. Scope or Schedule Changes. Changes in the scope or duration of the project may necessitate

revisions to the CSPP and review and approval by the airport operator and the FAA.

c. FAA ATO Coordination. Early coordination with FAA ATO is required to schedule airway

facility shutdowns and restarts. Relocation or adjustments to NAVAIDs, or changes to final grades in

critical areas, may require an FAA flight inspection prior to restarting the facility. Flight inspections must

be coordinated and scheduled well in advance of the intended facility restart. Flight inspections may

require a reimbursable agreement between the airport operator and FAA ATO. Reimbursable agreements

should be coordinated a minimum of 12 months prior to the start of construction. (See 213.e(3)(b) for

required FAA notification regarding FAA owned NAVAIDs.)

206. Phasing. Once it has been determined what types and levels of airport operations will be

maintained, the most efficient sequence of construction may not be feasible. In such a case, the sequence

of construction may be phased to gain maximum efficiency while allowing for the required operations.

The development of the resulting construction phases should be coordinated with local Air Traffic

personnel and airport users. The sequenced construction phases established in the CSPP must be

incorporated into the project design and must be reflected in the contract drawings and specifications.

a. Phase Elements. For each phase the CSPP should detail:

Areas closed to aircraft operations

AC 150/5370-2F September 29, 2011


Duration of closures

Taxi routes

ARFF access routes

Construction staging areas

Construction access and haul routes

Impacts to NAVAIDs

Lighting and marking changes

Available runway length

Declared distances (if applicable)

Required hazard marking and lighting

Lead times for required notifications

b. Construction Safety Drawings. Drawings specifically indicating operational safety procedures

and methods in affected areas (that is, construction safety drawings) should be developed for each

construction phase. Such drawings should be included in the CSPP as referenced attachments and should

likewise be included in the contract drawing package.

207. Areas and Operations Affected by Construction Activity. Runways and taxiways should

remain in use by aircraft to the maximum extent possible without compromising safety. Pre-meetings

with the FAA Air Traffic Organization (ATO) will support operational simulations. See Chapter 3 for an

example of a table showing temporary operations versus current operations.

a. Identification of Affected Areas. Identifying areas and operations affected by the construction

will help to determine possible safety problems. The affected areas should be indentified in the

construction safety drawings for each construction phase. (See 206.b above.) Of particular concern are:

(1) Closing, or partial closing, of runways, taxiways and aprons. When a runway is

partially closed, a portion of the pavement is unavailable for any aircraft operation, meaning taxiing,

landing, or taking off in either direction on that pavement is prohibited. A displaced threshold, by

contrast, is established to ensure obstacle clearance and adequate safety area for landing aircraft. The

pavement prior to the displaced threshold is available for take-off in the direction of the displacement and

for landing and taking off in the opposite direction. Misunderstanding this difference, and issuance of a

subsequently inaccurate NOTAM, can lead to a hazardous condition.

(2) Closing of Aircraft Rescue and Fire Fighting access routes.

(3) Closing of access routes used by airport and airline support vehicles.

(4) Interruption of utilities, including water supplies for fire fighting.

(5) Approach/departure surfaces affected by heights of objects.

(6) Construction areas, storage areas, and access routes near runways, taxiways, aprons, or

helipads.

b. Mitigation of Effects. Establishment of specific procedures is necessary to maintain the safety

and efficiency of airport operations. The CSPP must address:

(1) Temporary changes to runway and/or taxi operations.

(2) Detours for ARFF and other airport vehicles.

September 29, 2011 AC 150/5370-2F


(3) Maintenance of essential utilities.

(4) Temporary changes to air traffic control procedures. Such changes must be

coordinated with the ATO.

208. Navigation Aid (NAVAID) Protection. Before commencing construction activity, parking

vehicles, or storing construction equipment and materials near a NAVAID, coordinate with the

appropriate FAA ATO/Technical Operations office to evaluate the effect of construction activity and the

required distance and direction from the NAVAID. (See paragraph 213.e(3) below.) Construction

activities, materials/equipment storage, and vehicle parking near electronic NAVAIDs require special

consideration since they may interfere with signals essential to air navigation. If any NAVAID may be

affected, the CSPP and SPCD must show an understanding of the “critical area” associated with each

NAVAID and describe how it will be protected. Where applicable, the operational critical areas of

NAVAIDs should be graphically delineated on the project drawings. Pay particular attention to

stockpiling material, as well as to movement and parking of equipment that may interfere with line of

sight from the ATCT or with electronic emissions. Interference from construction equipment and

activities may require NAVAID shutdown or adjustment of instrument approach minimums for low

visibility operations. This condition requires that a NOTAM be filed (see paragraph 213.b below).

Construction activities and materials/equipment storage near a NAVAID must not obstruct access to the

equipment and instruments for maintenance. Submittal of a 7460-1 form is required for construction

vehicles operating near FAA NAVAIDs. (See paragraph 213.e(1) below.)

209. Contractor Access. The CSPP must detail the areas to which the contractor must have access,

and explain how contractor personnel will access those areas. Specifically address:

a. Location of Stockpiled Construction Materials. Stockpiled materials and equipment storage

are not permitted within the RSA and OFZ, and if possible should not be permitted within the Object Free

Area (OFA) of an operational runway. Stockpiling material in the OFA requires submittal of a 7460-1

form and justification provided to the appropriate FAA Airports Regional or District Office for approval.

The airport operator must ensure that stockpiled materials and equipment adjacent to these areas are

prominently marked and lighted during hours of restricted visibility or darkness. (See paragraph 218.b

below.) This includes determining and verifying that materials are stabilized and stored at an approved

location so as not to be a hazard to aircraft operations and to prevent attraction of wildlife and foreign

object damage. See paragraphs 210 and 211 below.

b. Vehicle and Pedestrian Operations. The CSPP should include specific vehicle and pedestrian

requirements. Vehicle and pedestrian access routes for airport construction projects must be controlled to

prevent inadvertent or unauthorized entry of persons, vehicles, or animals onto the AOA. The airport

operator should coordinate requirements for vehicle operations with airport tenants, contractors, and the

FAA air traffic manager. In regard to vehicle and pedestrian operations, the CSPP should include the

following, and detail associated training requirements:

(1) Construction site parking. Designate in advance vehicle parking areas for contractor

employees to prevent any unauthorized entry of persons or vehicles onto the AOA. These areas should

provide reasonable contractor employee access to the job site.

(2) Construction equipment parking. Contractor employees must park and service all

construction vehicles in an area designated by the airport operator outside the OFZ and never in the safety

area of an active runway or taxiway. Unless a complex setup procedure makes movement of specialized

equipment infeasible, inactive equipment must not be parked on a closed taxiway or runway. If it is

necessary to leave specialized equipment on a closed taxiway or runway at night, the equipment must be

well lighted. Employees should also park construction vehicles outside the OFA when not in use by

AC 150/5370-2F September 29, 2011


construction personnel (for example, overnight, on weekends, or during other periods when construction

is not active). Parking areas must not obstruct the clear line of sight by the ATCT to any taxiways or

runways under air traffic control nor obstruct any runway visual aids, signs, or navigation aids. The FAA

must also study those areas to determine effects on airport design criteria, surfaces established by 14 CFR

Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace (Part 77), and on NAVAIDs and

Instrument Approach Procedures (IAP). See paragraph 213.e(1) below for further information.

(3) Access and haul roads. Determine the construction contractor’s access to the

construction sites and haul roads. Do not permit the construction contractor to use any access or haul

roads other than those approved. Access routes used by contractor vehicles must be clearly marked to

prevent inadvertent entry to areas open to airport operations. Pay special attention to ensure that if

construction traffic is to share or cross any ARFF routes that ARFF right of way is not impeded at any

time, and that construction traffic on haul roads does not interfere with NAVAIDs or approach surfaces of

operational runways.

(4) Marking and lighting of vehicles in accordance with AC 150/5210-5, Painting,

Marking, and Lighting of Vehicles Used on an Airport.

(5) Description of proper vehicle operations on various areas under normal, lost

communications, and emergency conditions.

(6) Required escorts.

(7) Training requirements for vehicle drivers to ensure compliance with the airport

operator’s vehicle rules and regulations. Specific training should be provided to those vehicle operators

providing escorts. See AC 150/5210-20, Ground Vehicle Operations on Airports, for information on

training and records maintenance requirements.

(8) Situational awareness. Vehicle drivers must confirm by personal observation that no

aircraft is approaching their position (either in the air or on the ground) when given clearance to cross a

runway, taxiway, or any other area open to airport operations. In addition, it is the responsibility of the

escort vehicle driver to verify the movement/position of all escorted vehicles at any given time.

(9) Two-way radio communication procedures.

(a) General. The airport operator must ensure that tenant and construction contractor

personnel engaged in activities involving unescorted operation on aircraft movement areas observe the

proper procedures for communications, including using appropriate radio frequencies at airports with and

without ATCT. When operating vehicles on or near open runways or taxiways, construction personnel

must understand the critical importance of maintaining radio contact, as directed by the airport operator,

with:

(i) Airport operations

(ii) ATCT

(iii) Common Traffic Advisory Frequency (CTAF), which may include UNICOM,

MULTICOM.

(iv) Automatic Terminal Information Service (ATIS). This frequency is useful for

monitoring conditions on the airport. Local air traffic will broadcast information regarding construction

related runway closures and “shortened” runways on the ATIS frequency.

(b) Areas requiring two-way radio communication with the ATCT. Vehicular traffic

crossing active movement areas must be controlled either by two-way radio with the ATCT, escort,

flagman, signal light, or other means appropriate for the particular airport.

September 29, 2011 AC 150/5370-2F


(c) Frequencies to be used. The airport operator will specify the frequencies to be

used by the contractor, which may include the CTAF for monitoring of aircraft operations. Frequencies

may also be assigned by the airport operator for other communications, including any radio frequency in

compliance with Federal Communications Commission requirements. At airports with an ATCT, the

airport operator will specify the frequency assigned by the ATCT to be used between contractor vehicles

and the ATCT.

(d) Proper radio usage, including read back requirements.

(e) Proper phraseology, including the International Phonetic Alphabet.

(f) Light gun signals. Even though radio communication is maintained, escort

vehicle drivers must also familiarize themselves with ATCT light gun signals in the event of radio failure.

See the FAA safety placard “Ground Vehicle Guide to Airport Signs and Markings.” This safety placard

may be downloaded through the Runway Safety Program Web site at http://www.faa.gov/airports/

runway_safety/publications/ (See “Signs & Markings Vehicle Dashboard Sticker”.) or obtained from the

FAA Airports Regional Office.

(10) Maintenance of the secured area of the airport, including:

(a) Fencing and gates. Airport operators and contractors must take care to maintain

security during construction when access points are created in the security fencing to permit the passage

of construction vehicles or personnel. Temporary gates should be equipped so they can be securely closed

and locked to prevent access by animals and unauthorized people. Procedures should be in place to ensure

that only authorized persons and vehicles have access to the AOA and to prohibit “piggybacking” behind

another person or vehicle. The Department of Transportation (DOT) document DOT/FAA/AR-00/52,

Recommended Security Guidelines for Airport Planning and Construction, provides more specific

information on fencing. A copy of this document can be obtained from the Airport Consultants Council,

Airports Council International, or American Association of Airport Executives.

(b) Badging requirements.

(c) Airports subject to 49 CFR Part 1542, Airport Security, must meet standards for

access control, movement of ground vehicles, and identification of construction contractor and tenant

personnel.

210. Wildlife Management. The CSPP and SPCD must be in accordance with the airport operator’s

wildlife hazard management plan, if applicable. See also AC 150/5200-33, Hazardous Wildlife

Attractants On or Near Airports, and Certalert 98-05, Grasses Attractive to Hazardous Wildlife.

Construction contractors must carefully control and continuously remove waste or loose materials that

might attract wildlife. Contractor personnel must be aware of and avoid construction activities that can

create wildlife hazards on airports, such as:

a. Trash. Food scraps must be collected from construction personnel activity.

b. Standing Water.

c. Tall Grass and Seeds. Requirements for turf establishment can be at odds with requirements for

wildlife control. Grass seed is attractive to birds. Lower quality seed mixtures can contain seeds of plants

(such as clover) that attract larger wildlife. Seeding should comply with the guidance in AC 150/5370-10,

Standards for Specifying Construction of Airports, Item T-901, Seeding. Contact the local office of the

United Sates Department of Agriculture Soil Conservation Service or the State University Agricultural

Extension Service (County Agent or equivalent) for assistance and recommendations. These agencies can

also provide liming and fertilizer recommendations.

http://www.faa.gov/airports/%20runway_safety/publications/

http://www.faa.gov/airports/%20runway_safety/publications/

AC 150/5370-2F September 29, 2011


d. Poorly Maintained Fencing and Gates. See 209.b(10)(a) above.

e. Disruption of Existing Wildlife Habitat. While this will frequently be unavoidable due to the

nature of the project, the CSPP should specify under what circumstances (location, wildlife type)

contractor personnel should immediately notify the airport operator of wildlife sightings.

211. Foreign Object Debris (FOD) Management. Waste and loose materials, commonly referred to

as FOD, are capable of causing damage to aircraft landing gears, propellers, and jet engines. Construction

contractors must not leave or place FOD on or near active aircraft movement areas. Materials capable of

creating FOD must be continuously removed during the construction project. Fencing (other than security

fencing) may be necessary to contain material that can be carried by wind into areas where aircraft

operate. See AC 150/5210-24, Foreign Object Debris (FOD) Management.

212. Hazardous Materials (HAZMAT) Management. Contractors operating construction vehicles

and equipment on the airport must be prepared to expeditiously contain and clean-up spills resulting from

fuel or hydraulic fluid leaks. Transport and handling of other hazardous materials on an airport also

requires special procedures. See AC 150/5320-15, Management of Airport Industrial Waste.

213. Notification of Construction Activities. The CSPP and SPCD must detail procedures for the

immediate notification of airport users and the FAA of any conditions adversely affecting the operational

safety of the airport. It must address the notification actions described below, as applicable.

a. List of Responsible Representatives/ points of contact for all involved parties, and procedures

for contacting each of them, including after hours.

b. NOTAMs. Only the airport operator may initiate or cancel NOTAMs on airport conditions, and

is the only entity that can close or open a runway. The airport operator must coordinate the issuance,

maintenance, and cancellation of NOTAMs about airport conditions resulting from construction activities

with tenants and the local air traffic facility (control tower, approach control, or air traffic control center),

and must provide information on closed or hazardous conditions on airport movement areas to the FAA

Flight Service Station (FSS) so it can issue a NOTAM. The airport operator must file and maintain a list

of authorized representatives with the FSS. Refer to AC 150/5200-28, Notices to Airmen (NOTAMs) for

Airport Operators, for a sample NOTAM form. Only the FAA may issue or cancel NOTAMs on

shutdown or irregular operation of FAA owned facilities. Any person having reason to believe that a

NOTAM is missing, incomplete, or inaccurate must notify the airport operator. See paragraph 207.a(1)

above regarding issuing NOTAMs for partially closed runways versus runways with displaced thresholds.

c. Emergency notification procedures for medical, fire fighting, and police response.

d. Coordination with ARFF. The CSPP must detail procedures for coordinating through the airport

sponsor with ARFF personnel, mutual aid providers, and other emergency services if construction

requires:

The deactivation and subsequent reactivation of water lines or fire hydrants, or

The rerouting, blocking and restoration of emergency access routes, or

The use of hazardous materials on the airfield.

e. Notification to the FAA.

(1) Part 77. Any person proposing construction or alteration of objects that affect navigable

airspace, as defined in Part 77, must notify the FAA. This includes construction equipment and proposed

September 29, 2011 AC 150/5370-2F


parking areas for this equipment (i.e. cranes, graders, other equipment) on airports. FAA Form 7460-1,

Notice of Proposed Construction or Alteration, can be used for this purpose and submitted to the

appropriate FAA Airports Regional or District Office. See Appendix 1, Related Reading Material, to

download the form. Further guidance is available on the FAA web site at oeaaa.faa.gov.

(2) Part 157. With some exceptions, Title 14 CFR Part 157, Notice of Construction,

Alteration, Activation, and Deactivation of Airports, requires that the airport operator notify the FAA in

writing whenever a non-Federally funded project involves the construction of a new airport; the

construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated

taxiway; or the deactivation or abandoning of an entire airport. Notification involves submitting FAA

Form 7480-1, Notice of Landing Area Proposal, to the nearest FAA Airports Regional or District Office.

See Appendix 1, Related Reading Material to download the form.

(3) NAVAIDS. For emergency (short-notice) notification about impacts to both airport

owned and FAA owned NAVAIDs, contact: 866-432-2622.

(a) Airport owned/FAA maintained. If construction operations require a shutdown of

more than 24 hours, or more than 4 hours daily on consecutive days, of a NAVAID owned by the airport

but maintained by the FAA, provide a 45-day minimum notice to FAA ATO/Technical Operations prior

to facility shutdown.

(b) FAA owned.

(i) General. The airport operator must notify the appropriate FAA ATO Service

Area Planning and Requirements (P&R) Group a minimum of 45 days prior to implementing an event

that causes impacts to NAVAIDs. (Impacts to FAA equipment covered by a Reimbursable Agreement

(RA) do not have to be reported by the airport operator.)

(ii) Coordinate work for an FAA owned NAVAID shutdown with the local FAA

ATO/Technical Operations office, including any necessary reimbursable agreements and flight checks.

Detail procedures that address unanticipated utility outages and cable cuts that could impact FAA

NAVAIDs. In addition, provide seven days notice to schedule the actual shutdown.

214. Inspection Requirements.

a. Daily Inspections. Inspections should be conducted at least daily, but more frequently if

necessary to ensure conformance with the CSPP. A sample checklist is provided in Appendix 3, Safety

and Phasing Plan Checklist. See also AC 150/5200-18, Airport Safety Self-Inspection.

b. Final Inspections. New runways and extended runway closures may require safety inspections at

certificated airports prior to allowing air carrier service. Coordinate with the FAA Airport Certification

Safety Inspector (ACSI) to determine if a final inspection will be necessary.

215. Underground Utilities. The CSPP and/or SPCD must include procedures for locating and

protecting existing underground utilities, cables, wires, pipelines, and other underground facilities in

excavation areas. This may involve coordinating with public utilities and FAA ATO/Technical

Operations. Note that “One Call” or “Miss Utility” services do not include FAA ATO/Technical

Operations

216. Penalties. The CSPP should detail penalty provisions for noncompliance with airport rules and

regulations and the safety plans (for example, if a vehicle is involved in a runway incursion). Such

penalties typically include rescission of driving privileges or access to the AOA.

217. Special Conditions. The CSPP must detail any special conditions that affect the operation of the

http://oeaaa.faa.gov/

AC 150/5370-2F September 29, 2011


airport and will require the activation of any special procedures (for example, low-visibility operations,

snow removal, aircraft in distress, aircraft accident, security breach, Vehicle / Pedestrian Deviation (VPD)

and other activities requiring construction suspension/resumption).

218. Runway and Taxiway Visual Aids. Includes marking, lighting, signs, and visual NAVAIDS.

The CSPP must ensure that areas where aircraft will be operating are clearly and visibly separated from

construction areas, including closed runways. Throughout the duration of the construction project, verify

that these areas remain clearly marked and visible at all times and that marking, lighting, signs, and visual

NAVAIDs remain in place and operational. The CSPP must address the following, as appropriate:

a. General. Airport markings, lighting, signs, and visual NAVAIDs must be clearly visible to pilots,

not misleading, confusing, or deceptive. All must be secured in place to prevent movement by prop wash,

jet blast, wing vortices, or other wind currents and constructed of materials that would minimize damage

to an aircraft in the event of inadvertent contact.

b. Markings. Markings must be in compliance with the standards of AC 150/5340-1, Standards for

Airport Markings. Runways and runway exit taxiways closed to aircraft operations are marked with a

yellow X. The preferred visual aid to depict temporary runway closure is the lighted X signal placed on or

near the runway designation numbers. (See paragraph 218.b(1)(b) below.)

(1) Closed Runways and Taxiways.

(a) Permanently Closed Runways. For runways, obliterate the threshold marking,

runway designation marking, and touchdown zone markings, and place Xs at each end and at 1,000-foot

(300 m) intervals.

September 29, 2011 AC 150/5370-2F


(b) Temporarily Closed Runways. For runways that have been temporarily closed,

place an X at the each end of the runway directly on or as near as practicable to the runway designation

numbers. Figure 2-1 illustrates.

Figure 2-1 Markings for a Temporarily Closed Runway

(c) Partially Closed Runways and Displaced Thresholds. When threshold markings

are needed to identify the temporary beginning of the runway that is available for landing, the markings

must comply with AC 150/5340-1. An X is not used on a partially closed runway or a runway with a

displaced threshold. See paragraph 207.a(1) above for the difference between partially closed runways

and runways with displaced thresholds.

(i) Partially Closed Runways. Pavement markings for temporary closed portions of

the runway consist of a runway threshold bar and yellow chevrons to identify pavement areas that are

unsuitable for takeoff or landing (see AC 150/5340-1).

(ii) Displaced Thresholds. Pavement markings for a displaced threshold consist of a

runway threshold bar and white arrowheads with and without arrow shafts. These markings are required

to identify the portion of the runway before the displaced threshold to provide centerline guidance for

pilots during approaches, takeoffs, and landing rollouts from the opposite direction. See AC 150/5340-1.

AC 150/5370-2F September 29, 2011


(d) Taxiways.

(i) Permanently Closed Taxiways. AC 150/5300-13 notes that it is preferable to

remove the pavement, but for pavement that is to remain, place an X at the entrance to both ends of the

closed section. Obliterate taxiway centerline markings, including runway leadoff lines, leading to the

closed taxiway. Figure 2-2 illustrates.

Figure 2-2 Taxiway Closure

(ii) Temporarily Closed Taxiways. Place barricades outside the safety area of

intersecting taxiways. For runway/taxiway intersections, place an X at the entrance to the closed taxiway

from the runway. If the taxiway will be closed for an extended period, obliterate taxiway centerline

markings, including runway leadoff lines, leading to the closed section. If the centerline markings will be

reused upon reopening the taxiway, it is preferable to paint over the marking. This will result in less

damage to the pavement when the upper layer of paint is ultimately removed.

(e) Temporarily Closed Airport. When the airport is closed temporarily, mark all the

runways as closed.

C L O S E D

T A X IW A Y

T A X IW A Y C L O S U R E

M A R K E R

R E M O V E L E A D -O N

C E N T E R L IN E IF "X "

IS N O T IN S T A L L E D

L O W P R O F IL E

B A R R IC A D E W IT H

F L A S H E R S

T S A B O U N D A R Y

R S A B O U N D A R Y

September 29, 2011 AC 150/5370-2F


(2) If unable to paint temporary markings on the pavement, construct them from any of the

following materials: fabric, colored plastic, painted sheets of plywood, or similar materials. They must be

properly configured and appropriately secured to prevent movement by prop wash, jet blast, or other wind

currents.

(3) It may be necessary to remove or cover runway markings, including but not limited to,

runway designation markings, threshold markings, centerline markings, edge stripes, touchdown zone

markings and aiming point markings, depending on the length of construction and type of activity at the

airport. When removing runway markings, apply the same treatment to areas between stripes or numbers,

as the cleaned area will appear to pilots as a marking in the shape of the treated area.

(4) If it is not possible to install threshold bars, chevrons, and arrows on the pavement,

temporary outboard markings may be used. Locate them outside of the runway pavement surface on both

sides of the runway. The dimension along the runway direction must be the same as if installed on the

pavement. The lateral dimension must be at least one-half that of on-pavement markings. If the markings

are not discernible on grass or snow, apply a black background with appropriate material over the ground

to ensure they are clearly visible.

(5) The application rate of paint to mark a short-term temporary runway and taxiway

markings may deviate from the standard (see Item P-620, “Runway and Taxiway Painting,” in AC

150/5370-10), but the dimensions must meet the existing standards.

c. Lighting and Visual NAVAIDs. This paragraph refers to standard runway and taxiway lighting

systems. See below for hazard lighting. Lighting must be in conformance with AC 150/5340-30, Design

and Installation Details for Airport Visual Aids, and AC 150/5345-50, Specification for Portable Runway

and Taxiway Lights. When disconnecting runway and taxiway lighting fixtures, disconnect the associated

isolation transformers. Alternately, cover the light fixture in such a way as to prevent light leakage. Avoid

removing the lamp from energized fixtures because an excessive number of isolation transformers with

open secondaries may damage the regulators and/or increase the current above its normal value. Secure,

identify, and place any above ground temporary wiring in conduit to prevent electrocution and fire

ignition sources.

(1) Permanently Closed Runways and Taxiways. For runways and taxiways that have

been permanently closed, disconnect the lighting circuits.

AC 150/5370-2F September 29, 2011


(2) Temporarily Closed Runways. If available, use a lighted X, both at night and during the

day, placed at each end of the runway facing the approach. The use of a lighted X is required if night

work requires runway lighting to be on. See AC 150/5345-55, Specification for L-893, Lighted Visual

Aid to Indicate Temporary Runway Closure. For runways that have been temporarily closed, but for an

extended period, and for those with pilot controlled lighting, disconnect the lighting circuits or secure

switches to prevent inadvertent activation. For runways that will be opened periodically, coordinate

procedures with the FAA air traffic manager or, at airports without an ATCT, the airport operator.

Activate stop bars if available. Figure 2-3 shows a lighted X by day. Figure 2-4 shows a lighted X at

night.

Figure 2-3 Lighted X in Daytime

Figure 2-4 Lighted X at Night

(3) Partially Closed Runways and Displaced Thresholds. When a runway is partially

closed, a portion of the pavement is unavailable for any aircraft operation, meaning taxiing and landing or

September 29, 2011 AC 150/5370-2F


taking off in either direction. A displaced threshold, by contrast, is put in place to ensure obstacle

clearance by landing aircraft. The pavement prior to the displaced threshold is available for takeoff in the

direction of the displacement, and for landing and takeoff in the opposite direction. Misunderstanding this

difference and issuance of a subsequently inaccurate NOTAM can result in a hazardous situation. For

both partially closed runways and displaced thresholds, approach lighting systems at the affected end

must be placed out of service

(a) Partially Closed Runways. Disconnect edge and threshold lights on that part of

the runway at and behind the threshold (that is, the portion of the runway that is closed). Alternately,

cover the light fixture in such a way as to prevent light leakage.

(b) Displaced Thresholds. Edge lighting in the area of the displacement emits red

light in the direction of approach and yellow light in the opposite direction. Centerline lights are blanked

out in the direction of approach if the displacement is 700 ft or less. If the displacement is over 700 ft,

place the centerline lights out of service. See AC 150/5340-30 for details on lighting displaced thresholds.

(c) Temporary runway thresholds and runway ends must be lighted if the runway is

lighted and it is the intended threshold for night landings or instrument meteorological conditions.

(d) A temporary threshold on an unlighted runway may be marked by retroreflective,

elevated markers in addition to markings noted in paragraph 218.b(1)(c) above. Markers seen by aircraft

on approach are green. Markers at the rollout end of the runway are red. At certificated airports,

temporary elevated threshold markers must be mounted with a frangible fitting (see 14 CFR Part

139.309). At non-certificated airports, the temporary elevated threshold markings may either be mounted

with a frangible fitting or be flexible. See AC 150/5345-39, Specification for L-853, Runway and

Taxiway Retroreflective Markers.

(e) Temporary threshold lights and end lights and related visual NAVAIDs are

installed outboard of the edges of the full-strength pavement only when they cannot be installed on the

pavement. They are installed with bases at grade level or as low as possible, but not more than 3 in (7.6

cm) above ground. When any portion of a base is above grade, place properly compacted fill around the

base to minimize the rate of gradient change so aircraft can, in an emergency, cross at normal landing or

takeoff speeds without incurring significant damage. See AC 150/5370-10.

(f) Maintain threshold and edge lighting color and spacing standards as described in

AC 150/5340-30. Battery powered, solar, or portable lights that meet the criteria in AC 150/5345-50 may

be used. These systems are intended primarily for visual flight rules (VFR) aircraft operations but may be

used for instrument flight rules (IFR) aircraft operations, upon individual approval from the Flight

Standards Division of the applicable FAA Regional Office.

(g) Reconfigure yellow lenses (caution zone), as necessary. If the runway has

centerline lights, reconfigure the red lenses, as necessary, or place the centerline lights out of service.

(h) Relocate the visual glide slope indicator (VGSI), such as VASI and PAPI; other

airport lights, such as Runway End Identifier Lights (REIL); and approach lights to identify the temporary

threshold. Another option is to disable the VGSI or any equipment that would give misleading indications

to pilots as to the new threshold location. Installation of temporary visual aids may be necessary to

provide adequate guidance to pilots on approach to the affected runway. If the FAA owns and operates

the VGSI, coordinate its installation or disabling with the local ATO/Technical Operations Office.

Relocation of such visual aids will depend on the duration of the project and the benefits gained from the

relocation, as this can result in great expense.

(i) Issue a NOTAM to inform pilots of temporary lighting conditions.

(4) Temporarily Closed Taxiways. If possible, deactivate the taxiway lighting circuits.

When deactivation is not possible (for example other taxiways on the same circuit are to remain open),

AC 150/5370-2F September 29, 2011


cover the light fixture in such a way as to prevent light leakage.

d. Signs. To the extent possible, signs must be in conformance with AC 150/5345-44, Specification

for Runway and Taxiway Signs and AC 150/5340-18, Standard for Airport Sign Systems. Any time a

sign does not serve its normal function; it must be covered or removed to prevent misdirecting pilots.

Note that information signs identifying a crossing taxiway continue to perform their normal function even

if the crossing taxiway is closed. For long term construction projects, consider relocating signs, especially

runway distance remaining signs.

219. Marking and Signs for Access Routes. The CSPP should indicate that pavement markings and

signs for construction personnel will conform to AC 150/5340-18 and, to the extent practicable, with the

Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) and/or State

highway specifications. Signs adjacent to areas used by aircraft must comply with the frangibility

requirements of AC 150/5220-23, Frangible Connections, which may require modification to size and

height guidance in the MUTCD.

220. Hazard Marking, Lighting and Signing.

a. Hazard Marking and Lighting Prevents Pilots from entering areas closed to aircraft, and

prevents construction personnel from entering areas open to aircraft. The CSPP must specify prominent,

comprehensible warning indicators for any area affected by construction that is normally accessible to

aircraft, personnel, or vehicles. Hazard marking and lighting must also be specified to identify open

manholes, small areas under repair, stockpiled material, waste areas, and areas subject to jet blast. Also

consider less obvious construction-related hazards and include markings to identify FAA, airport, and

National Weather Service facilities cables and power lines; instrument landing system (ILS) critical areas;

airport surfaces, such as RSA, OFA, and OFZ; and other sensitive areas to make it easier for contractor

personnel to avoid these areas.

b. Equipment.

(1) Barricades, including traffic cones, (weighted or sturdily attached to the surface) are

acceptable methods used to identify and define the limits of construction and hazardous areas on airports.

Careful consideration must be given to selecting equipment that poses the least danger to aircraft but is

sturdy enough to remain in place when subjected to typical winds, prop wash and jet blast. The spacing of

barricades must be such that a breach is physically prevented barring a deliberate act. For example, if

barricades are intended to exclude vehicles, gaps between barricades must be smaller than the width of

the excluded vehicles, generally 4 ft. Provision must be made for ARFF access if necessary. If barricades

are intended to exclude pedestrians, they must be continuously linked. Continuous linking may be

accomplished through the use of ropes, securely attached to prevent FOD.

(2) Lights must be red, either steady burning or flashing, and must meet the luminance

requirements of the State Highway Department. Batteries powering lights will last longer if lights flash.

Lights must be mounted on barricades and spaced at no more than 10 ft. Lights must be operated between

sunset and sunrise and during periods of low visibility whenever the airport is open for operations. They

may be operated by photocell, but this may require that the contractor turn them on manually during

periods of low visibility during daytime hours.

(3) Supplement barricades with signs (for example “No Entry,” “No Vehicles”) as

necessary.

(4) Air Operations Area – General. Barricades are not permitted in any active safety area.

Within a runway or taxiway object free area, and on aprons, use orange traffic cones, flashing or steady

burning red lights as noted above, collapsible barricades marked with diagonal, alternating orange and

September 29, 2011 AC 150/5370-2F


white stripes; and/or signs to separate all construction/maintenance areas from the movement area.

Barricades may be supplemented with alternating orange and white flags at least 20 by 20 in (50 by 50

cm) square and securely fastened to eliminate FOD. All barricades adjacent to any open runway or

taxiway / taxilane safety area, or apron must be as low as possible to the ground, and no more than 18 in

high, exclusive of supplementary lights and flags. Barricades must be of low mass; easily collapsible

upon contact with an aircraft or any of its components; and weighted or sturdily attached to the surface to

prevent displacement from prop wash, jet blast, wing vortex, or other surface wind currents. If affixed to

the surface, they must be frangible at grade level or as low as possible, but not to exceed 3 in (7.6 cm)

above the ground. Figure 2-5 and Figure 2-6 show sample barricades with proper coloring and flags.

Figure 2-5 Interlocking Barricades

Figure 2-6 Low Profile Barricades

(5) Air Operations Area – Runway/Taxiway Intersections. Use highly reflective

barricades with lights to close taxiways leading to closed runways. Evaluate all operating factors when

determining how to mark temporary closures that can last from 10 to 15 minutes to a much longer period

of time. However, even for closures of relatively short duration, close all taxiway/runway intersections

with barricades. The use of traffic cones is appropriate for short duration closures.

(6) Air Operations Area – Other. Beyond runway and taxiway object free areas and

AC 150/5370-2F September 29, 2011


aprons, barricades intended for construction vehicles and personnel may be many different shapes and

made from various materials, including railroad ties, sawhorses, jersey barriers, or barrels.

(7) Maintenance. The construction specifications must include a provision requiring the

contractor to have a person on call 24 hours a day for emergency maintenance of airport hazard lighting

and barricades. The contractor must file the contact person’s information with the airport operator.

Lighting should be checked for proper operation at least once per day, preferably at dusk.

221. Protection of Runway and Taxiway Safety Areas. Runway and taxiway safety areas, Obstacle

Free zones (OFZ), object free areas (OFA), and approach surfaces are described in AC 150/5300-13.

Protection of these areas includes limitations on the location and height of equipment and stockpiled

material. An FAA airspace study may be required. Coordinate with the appropriate FAA Airports

Regional or District Office if there is any doubt as to requirements or dimensions (See paragraph 213.e

above.) as soon as the location and height of materials or equipment are known. The CSPP should include

drawings showing all safety areas, object free areas, obstacle free zones and approach departure surfaces

affected by construction.

a. Runway Safety Area (RSA). A runway safety area is the defined surface surrounding the

runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot,

overshoot, or excursion from the runway (see AC 150/5300-13). Construction activities within the

existing RSA are subject to the following conditions:

(1) No construction may occur within the existing RSA while the runway is open for

aircraft operations. The RSA dimensions may be temporarily adjusted if the runway is restricted to

aircraft operations requiring an RSA that is equal to the RSA width and length beyond the runway ends

available during construction. (see AC 150/5300-13). The temporary use of declared distances and/or

partial runway closures may provide the necessary RSA under certain circumstances. Coordinate with the

appropriate FAA Airports Regional or District Office to have declared distances information published.

See AC 150/5300-13 for guidance on the use of declared distances.

(2) The airport operator must coordinate the adjustment of RSA dimensions as permitted

above with the appropriate FAA Airports Regional or District Office and the local FAA air traffic

manager and issue a NOTAM.

(3) The CSPP and SPCD must provide procedures for ensuring adequate distance for

protection from blasting operations, if required by operational considerations.

(4) Excavations.

(a) Open trenches or excavations are not permitted within the RSA while the runway

is open. If possible, backfill trenches before the runway is opened. If the runway must be opened before

excavations are backfilled, cover the excavations appropriately. Covering for open trenches must be

designed to allow the safe operation of the heaviest aircraft operating on the runway across the trench

without damage to the aircraft.

(b) Construction contractors must prominently mark open trenches and excavations

at the construction site with red or orange flags, as approved by the airport operator, and light them with

red lights during hours of restricted visibility or darkness.

(5) Erosion Control. Soil erosion must be controlled to maintain RSA standards, that is, the

RSA must be cleared and graded and have no potentially hazardous ruts, humps, depressions, or other

surface variations, and capable, under dry conditions, of supporting snow removal equipment, aircraft

rescue and fire fighting equipment, and the occasional passage of aircraft without causing structural

damage to the aircraft.

September 29, 2011 AC 150/5370-2F


b. Runway Object Free Area (ROFA). Construction, including excavations, may be permitted in

the ROFA. However, equipment must be removed from the ROFA when not in use, and material should

not be stockpiled in the ROFA if not necessary. Stockpiling material in the OFA requires submittal of a

7460-1 form and justification provided to the appropriate FAA Airports Regional or District Office for

approval.

c. Taxiway Safety Area (TSA). A taxiway safety area is a defined surface alongside the taxiway

prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway.

(See AC 150/5300-13.) Construction activities within the TSA are subject to the following conditions:

(1) No construction may occur within the TSA while the taxiway is open for aircraft

operations. The TSA dimensions may be temporarily adjusted if the taxiway is restricted to aircraft

operations requiring a TSA that is equal to the TSA width available during construction (see AC

150/5300-13, Table 4-1).

(2) The airport operator must coordinate the adjustment of the TSA width as permitted

above with the appropriate FAA Airports Regional or District Office and the FAA air traffic manager and

issue a NOTAM.

(3) The CSPP and SPCD must provide procedures for ensuring adequate distance for

protection from blasting operations.

(4) Excavations.

(a) Open trenches or excavations are not permitted within the TSA while the taxiway

is open. If possible, backfill trenches before the taxiway is opened. If the taxiway must be opened before

excavations are backfilled, cover the excavations appropriately. Covering for open trenches must be

designed to allow the safe operation of the heaviest aircraft operating on the taxiway across the trench

without damage to the aircraft.

(b) Construction contractors must prominently mark open trenches and excavations

at the construction site with red or orange flags, as approved by the airport operator, and light them with

red lights during hours of restricted visibility or darkness.

(5) Erosion Control. Soil erosion must be controlled to maintain TSA standards, that is, the

TSA must be cleared and graded and have no potentially hazardous ruts, humps, depressions, or other

surface variations, and capable, under dry conditions, of supporting snow removal equipment, aircraft

rescue and fire fighting equipment, and the occasional passage of aircraft without causing structural

damage to the aircraft.

d. Taxiway Object Free Area (TOFA). Unlike the Runway Object Free Area, aircraft wings

regularly penetrate the taxiway object free area during normal operations. Thus the restrictions are more

stringent. Except as provided below, no construction may occur within the taxiway object free area while

the taxiway is open for aircraft operations.

(1) The taxiway object free area dimensions may be temporarily adjusted if the taxiway is

restricted to aircraft operations requiring a taxiway object free area that is equal to the taxiway object free

area width available.

(2) Offset taxiway pavement markings may be used as a temporary measure to provide the

required taxiway object free area. Where offset taxiway pavement markings are provided, centerline

lighting or reflectors are required.

(3) Construction activity may be accomplished without adjusting the width of the taxiway

object free area, subject to the following restrictions:

AC 150/5370-2F September 29, 2011


(a) Appropriate NOTAMs are issued.

(b) Marking and lighting meeting the provisions of paragraphs 218 and 220 above

are implemented.

(c) Five-foot clearance is maintained between equipment and materials and any part

of an aircraft (includes wingtip overhang). In these situations, flaggers must be used to direct construction

equipment, and wing walkers will be necessary to guide aircraft. Wing walkers should be airline/aviation

personnel rather than construction workers. If such clearance can only be maintained if an aircraft does

not have full use of the entire taxiway width (with its main landing gear at the edge of the pavement), then

it will be necessary to move personnel and equipment for the passage of that aircraft.

e. Obstacle Free Zone (OFZ). In general, personnel, material, and/or equipment may not penetrate

the OFZ while the runway is open for aircraft operations. If a penetration to the OFZ is necessary, it may

be possible to continue aircraft operations through operational restrictions. Coordinate with the FAA

through the appropriate FAA Airports Regional or District Office.

f. Runway Approach/Departure Areas and Clearways. All personnel, materials, and/or

equipment must remain clear of the applicable threshold siting surfaces, as defined in Appendix 2,

“Threshold Siting Requirements,” of AC 150/5300-13. Objects that do not penetrate these surfaces may

still be obstructions to air navigation and may affect standard instrument approach procedures. Coordinate

with the FAA through the appropriate FAA Airports Regional or District Office.

(1) Construction activity in a runway approach/departure area may result in the need to

partially close a runway or displace the existing runway threshold. Partial runway closure, displacement

of the runway threshold, as well as closure of the complete runway and other portions of the movement

area also require coordination through the airport operator with the appropriate FAA air traffic manager

(FSS if non-towered) and ATO/Technical Operations (for affected NAVAIDS) and airport users.

(2) Caution regarding partial runway closures. When filing a NOTAM for a partial

runway closure, clearly state to OCC personnel that the portion of pavement located prior to the threshold

is not available for landing and departing traffic. In this case, the threshold has been moved for both

landing and takeoff purposes (this is different than a displaced threshold). There may be situations where

the portion of closed runway is available for taxiing only. If so, the NOTAM must reflect this condition).

(3) Caution regarding displaced thresholds. : Implementation of a displaced threshold

affects runway length available for aircraft landing over the displacement. Depending on the reason for

the displacement (to provide obstruction clearance or RSA), such a displacement may also require an

adjustment in the landing distance available and accelerate-stop distance available in the opposite

direction. If project scope includes personnel, equipment, excavation, other work. within the existing RSA

of any usable runway end, do not implement a displaced threshold unless arrivals and departures toward

the construction activity are prohibited. Instead, implement a partial closure.

222. Other Limitations on Construction. The CSPP must specify any other limitations on

construction, including but not limited to:

a. Prohibitions.

(1) No use of tall equipment (cranes, concrete pumps, and so on) unless a 7460-1

determination letter is issued for such equipment.

(2) No use of open flame welding or torches unless fire safety precautions are provided and

the airport operator has approved their use.

(3) No use of electrical blasting caps on or within 1,000 ft (300 m) of the airport property.

September 29, 2011 AC 150/5370-2F


See AC 150/5370-10.

(4) No use of flare pots within the AOA.

b. Restrictions.

(1) Construction suspension required during specific airport operations.

(2) Areas that cannot be worked on simultaneously.

(3) Day or night construction restrictions.

(4) Seasonal construction restrictions.

AC 150/5370-2F September 29, 2011



September 29, 2011 AC 150/5370-2F

31 Chapter 3 Guidelines for Writing a CSPP

Chapter 3. Guidelines for Writing a CSPP

301. General Requirements. The CSPP is a standalone document written to correspond with the

subjects outlined in Chapter 2, Section 1, paragraph 204. The CSPP is organized by numbered sections

corresponding to each subject listed in Chapter 2, Section 1, paragraph 204, and described in detail in

Chapter 2, Section 2. Each section number and title in the CSPP matches the corresponding subject

outlined in Chapter 2, paragraph 204 (for example, 1. Coordination, 2. Phasing, 3. Areas and Operations

Affected by the Construction Activity, and so on.). With the exception of the project scope of work

outlined in Section 2. Phasing, only subjects specific to operational safety during construction should be

addressed.

302. Applicability of Subjects. Each section should, to the extent practical, focus on the specific

subject. Where an overlapping requirement spans several sections, the requirement should be explained in

detail in the most applicable section. A reference to that section should be included in all other sections

where the requirement may apply. For example, the requirement to protect existing underground FAA

Instrument Landing System (ILS) cables during trenching operations could be considered FAA ATO

coordination (Section 1. Coordination, paragraph 205.c), an area and operation affected by the

construction activity (Section 3. Areas and Operations Affected by the Construction Activity, paragraph

207.a(4)), a protection of a NAVAID (Section 4. Protection of Navigational Aids (NAVAIDs),paragraph

208), or a notification to the FAA of construction activities (Section 9. Notification of Construction

Activities, paragraph 210.e(3)(b)). However, it is more specifically an underground utility requirement

(Section 11. Underground Utilities, paragraph 215). The procedure for protecting underground ILS cables

during trenching operations should therefore be described in Section 11: “The contractor must coordinate

with the local FAA System Support Center (SSC) to mark existing ILS cable routes along Runway 17-35.

The ILS cables will be located by hand digging whenever the trenching operation moves within 10 feet of

the cable markings.” All other applicable sections should include a reference to Section 11: “ILS cables

shall be identified and protected as described in Section 11” or “See Section 11 for ILS cable

identification and protection requirements.” Thus, the CSPP should be considered as a whole, with no

need to duplicate responses to related issues.

303. Graphical Representations. Construction safety drawings should be included in the CSPP as

attachments. When other graphical representations will aid in supporting written statements, the drawings,

diagrams, and/or photographs should also be attached to the CSPP. References should be made in the

CSPP to each graphical attachment and may be made in multiple sections.

304. Reference Documents. The CSPP must not incorporate a document by reference unless

reproduction of the material in that document is prohibited. In that case, either copies of or a source for

the referenced document must be provided to the contractor.

305. Restrictions. The CSPP should not be considered as a project design review document. The

CSPP should also avoid mention of permanent (“as-built”) features such as pavements, markings, signs,

and lighting, except when such features are intended to aid in maintaining operational safety during the

construction.

306. Coordination. Include in this section a detailed description of conferences and meetings both

before and during the project. Include appropriate information from AC 150/5300-9. Discuss coordination

procedures and schedules for each required FAA ATO airway facility shutdown and restart and all

required flight inspections.

AC 150/5370-2F September 29, 2011

Chapter 3 Guidelines for Writing a CSPP 32

307. Phasing. Include in this section a detailed scope of work description for the project as a whole

and each phase of work covered by the CSPP. This includes all locations and durations of the work

proposed. Attach drawings to graphically support the written scope of work. Detail in this section the

sequenced phases of the proposed construction. Include a reference to paragraph 308 below, as

appropriate.

308. Areas and Operations Affected By Construction. Focus in this section on identifying the areas

and operations affected by the construction. Describe corresponding mitigation that is not covered in

detail elsewhere in the CSPP. Include references to paragraphs below as appropriate. Attach drawings as

necessary to graphically describe affected areas and mechanisms proposed. Tables and charts such as the

following may be helpful in highlighting issues to be addressed.

Table 3-1 Sample Operations Effects

Project Runway 15-33 Reconstruction

Phase Phase II: Reconstruct Runway 15 End

Scope of Work Reconstruct 1,000 ft of north end of Runway 15-33 with Portland

Cement Concrete (PCC).

Operational Requirements Normal (Existing) Phase II (Anticipated)

Runway 15 Average Aircraft Operations Carrier: 52 /day

GA: 26 /day

Military: 11 /day

Carrier: 52 / day

GA: 20 / day

Military: 0 /day

Runway 33 Average Aircraft Operations Carrier: 40 /day

GA: 18 /day

Military: 10 /day

Carrier: 20 /day

GA: 5 /day

Military: 0 /day

Runway 15-33 ARC C-IV C-IV

Runway 15 Approach Visibility

Minimums ¾ mile 1 mile

Runway 33 Approach Visibility

Minimums ¾ mile 1 mile

Runway 15 Declared Distances

TORA: 7,820 TORA: 6,420

TODA: 7,820 TODA: 6,420

ASDA: 7,820 ASDA: 6,420

LDA: 7,820 LDA: 6,420

Runway 33 Declared Distances

TORA: 8,320 TORA: 6,920

TODA: 8,320 TODA: 6,920

ASDA: 8,320 ASDA: 6,920

LDA: 7,820 LDA: 6,420

Runway 15 Approach Procedures

ILS LOC only

RNAV N/A

VOR N/A

Runway 33 Approach Procedures

ILS Visual only

RNAV N/A

VOR N/A

Runway 15 NAVAIDs ILS/DME, MALSR, RVR LOC/DME, PAPI (temp), RVR

September 29, 2011 AC 150/5370-2F


Runway 33 NAVAIDs ILS/DME, MALSF, PAPI,

RVR MALSF, PAPI, RVR

Taxiway G ADG IV IV (N/A between T/W H and R/W

15 end)

Taxiway E ADG IV IV

ATCT (hours open) 06:00 – 24:00 local 06:00 – 24:00 local

ARFF Index D D

Special Conditions

Air National Guard (ANG)

military operations Military operations relocated to

alternate ANG Base

Airline XYZ requires VGSI Airline XYZ requires VGSI

Complete the following chart for each phase to determine the area that must be protected along the

runway edges:

Runway

Aircraft Approach

Category*

A, B, C, or D

Airplane Design Group*

I, II, III, or IV

RSA Width in Feet

Divided by 2*

_________ _________ _________ _________

_________ _________ _________ _________

_________ _________ _________ _________

_________ _________ _________ _________

*See AC 150/5300-13 to complete the chart for a specific runway.

Complete the following chart for each phase to determine the area that must be protected before the

runway threshold:

Runway End

Number

Airplane

Design Group*

I, II, III, or IV

Aircraft

Approach

Category*

A, B, C, or D

Minimum

Safety Area

Prior to the

Threshold*

Minimum Distance to Threshold

Based on Required Approach

Slope*

_______ _________ _________ ______ ft ______ ft _____: 1

_______ _________ _________ ______ ft ______ ft _____: 1

_______ _________ _________ ______ ft ______ ft _____: 1

_______ _________ _________ ______ ft ______ ft _____: 1

*See AC 150/5300-13 to complete the chart for a specific runway.

309. Navigation Aid (NAVAID) Protection. List in this section all NAVAID facilities that will be

affected by the construction. Identify NAVAID facilities that will be placed out of service at any time

prior to or during construction activities. Identify individuals responsible for coordinating each shutdown

and when each facility will be out of service. Include a reference to paragraph 306 above for FAA ATO

NAVAID shutdown, restart, and flight inspection coordination. Outline in detail procedures to protect

each NAVAID facility remaining in service from interference by construction activities. Include a

reference to paragraph 314 for the issuance of NOTAMs as required. Include a reference to paragraph 316

for the protection of underground cables and piping serving NAVAIDs. If temporary visual aids are

proposed to replace or supplement existing facilities, include a reference to paragraph 319. Attach

drawings to graphically indicate the affected NAVAIDS and the corresponding critical areas.

310. Contractor Access. This will necessarily be the most extensive section of the CSPP. Provide

AC 150/5370-2F September 29, 2011


sufficient detail so that a contractor not experienced in working on airports will understand the unique

restrictions such work will require. Due to this extent, it should be broken down into subsections as

described below:

a. Location of Stockpiled Construction Materials. Describe in this section specific locations for

stockpiling material. Note any height restrictions on stockpiles. Include a reference to paragraph 321 for

hazard marking and lighting devices used to identify stockpiles. Include a reference to paragraph 311 for

provisions to prevent stockpile material from becoming wildlife attractants. Include a reference to

paragraph 312 for provisions to prevent stockpile material from becoming FOD. Attach drawings to

graphically indicate the stockpile locations.

b. Vehicle and Pedestrian Operations. While there are many items to be addressed in this major

subsection of the CSPP, all are concerned with one main issue: keeping people and vehicles from areas of

the airport where they don’t belong. This includes preventing unauthorized entry to the AOA and

preventing the improper movement of pedestrians or vehicles on the airport. In this section, focus on

mechanisms to prevent construction vehicles and workers traveling to and from the worksite from

unauthorized entry into movement areas. Specify locations of parking for both employee vehicles and

construction equipment, and routes for access and haul roads. In most cases, this will best be

accomplished by attaching a drawing. Quote from AC 150/5210-5 specific requirements for contractor

vehicles rather than referring to the AC as a whole, and include special requirements for identifying

Hazardous Material (HAZMAT) vehicles. Quote from, rather than incorporate by reference, AC

150/5210-20 as appropriate to address the airport’s rules for ground vehicle operations, including its

training program. Discuss the airport’s recordkeeping system listing authorized vehicle operators.

c. Two-Way Radio Communications. Include a special section to identify all individuals who are

required to maintain communications with Air Traffic (AT) at airports with active towers, or monitor

Common Traffic Advisory Frequencies (CTAF) at airports without or with closed ATCT. Include training

requirements for all individuals required to communicate with AT. Individuals required to monitor AT

frequencies should also be identified. If construction employees are also required to communicate by

radio with Airport Operations, this procedure should be described in detail. Usage of vehicle mounted

radios and/or portable radios should be addressed. Communication procedures for the event of disabled

radio communication (that is, light signals, telephone numbers, others) must be included. All radio

frequencies should by identified (Tower, Ground Control, CTAF, UNICOM, ATIS, and so on).

d. Airport Security. Address security as it applies to vehicle and pedestrian operations. Discuss

TSA requirements, security badging requirements, perimeter fence integrity, gate security, and other

needs. Attach drawings to graphically indicate secured and/or Security Identification Display Areas

(SIDA), perimeter fencing, and available access points.

311. Wildlife Management. Discuss in this section wildlife management procedures. Describe the

maintenance of existing wildlife mitigation devices, such as perimeter fences, and procedures to limit

wildlife attractants. Include procedures to notify Airport Operations of wildlife encounters. Include a

reference to paragraph 310 for security (wildlife) fence integrity maintenance as required.

312. Foreign Object Debris (FOD) Management. In this section, discuss methods to control and

monitor FOD: worksite housekeeping, ground vehicle tire inspections, runway sweeps, and so on. Include

a reference to paragraph 315 for inspection requirements as required.

313. Hazardous Materials (HAZMAT) Management. Describe in this section HAZMAT

management procedures: fuel deliveries, spill recovery procedures, Material Safety Data Sheet (MSDS)

availability, and other considerations. Any specific airport HAZMAT restrictions should also be

September 29, 2011 AC 150/5370-2F


identified. Include a reference to paragraph 310 for HAZMAT vehicle identification requirements. Quote

from, rather than incorporate by reference, AC 150/5320-15.

314. Notification of Construction Activities. List in this section the names and telephone numbers of

points of contact for all parties affected by the construction project. We recommend a single list that

includes all telephone numbers required under this section. Include emergency notification procedures for

all representatives of all parties potentially impacted by the construction. Identify individual

representatives – and at least one alternate – for each party. List both on-duty and off-duty contact

information for each individual, including individuals responsible for emergency maintenance of airport

construction hazard lighting and barricades. Describe procedures to coordinate immediate response to

events that might adversely affect the operational safety of the airport (such as interrupted NAVAID

service). Explain requirements for and the procedures for the issuance of Notices to Airmen (NOTAMs),

notification to FAA required by 14 CFR Part 77 and Part 157 and in the event of affected NAVAIDs. For

NOTAMs, identify an individual, and at least one alternate, responsible for issuing and cancelling each

specific type of Notice to Airmen (NOTAM) required. Detail notification methods for police, fire

fighting, and medical emergencies. This may include 911, but should also include direct phone numbers

of local police departments and nearby hospitals. The local Poison Control number should be listed.

Procedures regarding notification of Airport Operations and/or the ARFF Department of such

emergencies should be identified, as applicable. If airport radio communications are identified as a means

of emergency notification, include a reference to paragraph 310. Differentiate between emergency and

nonemergency notification of ARFF personnel, the latter including activities that affect ARFF water

supplies and access roads. Identify the primary ARFF contact person and at least one alternate. If

notification is to be made through Airport Operations, then detail this procedure. Include a method of

confirmation from the ARFF department.

315. Inspection Requirements. Describe in this section inspection requirements to ensure airfield

safety compliance. Include a requirement for routine inspections by the resident engineer (RE) and the

construction contractors. If the engineering consultants and/or contractors have a Safety Officer who will

conduct such inspections, identify this individual. Describe procedures for special inspections, such as

those required to reopen areas for aircraft operations. Part 139 requires daily airfield inspections at

certificated airports, but these may need to be more frequent when construction is in progress. Discuss the

role of such inspections on areas under construction. Include a requirement to immediately remedy any

deficiencies, whether caused by negligence, oversight, or project scope change.

316. Underground Utilities. Explain how existing underground utilities will be located and protected.

Identify each utility owner and include contact information for each company/agency in the master list.

Address emergency response procedures for damaged or disrupted utilities. Include a reference to

paragraph 314 above for notification of utility owners of accidental utility disruption as required.

317. Penalties. Describe in this section specific penalties imposed for noncompliance with airport

rules and regulations, including the CSPP: SIDA violations, Vehicle/Pedestrian Deviations (VPD), and

others.

318. Special Conditions. Identify any special conditions that may trigger specific safety mitigation

actions outlined in this CSPP: low visibility operations, snow removal, aircraft in distress, aircraft

accident, security breach, VPD, and other activities requiring construction suspension/resumption. Include

a reference to paragraph 310 above for compliance with airport safety and security measures and for radio

communications as required. Include a reference to paragraph 319 below for emergency notification of all

involved parties, including police/security, ARFF, and medical services.

319. Runway and Taxiway Visual Aids. Include marking, lighting, signs, and visual NAVAIDS.

AC 150/5370-2F September 29, 2011


Detail temporary runway and taxiway marking, lighting, signs, and visual NAVAIDs required for the

construction. Discuss existing marking, lighting, signs, and visual NAVAIDs that are temporarily, altered,

obliterated, or shut down. Consider non-federal facilities and address requirements for reimbursable

agreements necessary for alteration of FAA facilities and for necessary flight checks. Identify temporary

TORA signs or runway distance remaining signs if appropriate. Identify required temporary visual

NAVAIDs such as REIL or PAPI. Quote from, rather than incorporate by reference, AC 150/5340-1,

Standards for Airport Markings, AC 150/5340-18, Standards for Airport Sign Systems, and AC

150/5340-30, as required. Attach drawings to graphically indicate proposed marking, lighting, signs, and

visual NAVAIDs.

320. Marking and Signs for Access Routes. Detail plans for marking and signs for vehicle access

routes. To the extent possible, signs should be in conformance with the Federal Highway Administration

Manual on Uniform Traffic Control Devices (MUTCD) and/or State highway specifications, not hand

lettered. Detail any modifications to the guidance in the MUTCD necessary to meet frangibility/height

requirements.

321. Hazard Marking and Lighting. Specify all marking and lighting equipment, including when

and where each type of device is to be used. Specify maximum gaps between barricades and the

maximum spacing of hazard lighting. Identify one individual and at least one alternate responsible for

maintenance of hazard marking and lighting equipment in the master telephone list. Include a reference to

paragraph 314 above. Attach drawings to graphically indicate the placement of hazard marking and

lighting equipment.

322. Protection of Runway and Taxiway Safety Areas. This section should focus exclusively on

procedures for protecting all safety areas, including those altered by the construction: methods of

demarcation, limit of access, movement within safety areas, stockpiling and trenching restrictions, and so

on. Reference AC 150/5300-13: Airport Design as required. Include a reference to paragraph 310 above

for procedures regarding vehicle and personnel movement within safety areas. Include a reference to

paragraph 310 above for material stockpile restrictions as required. Detail requirements for trenching,

excavations, and backfill. Include a reference to paragraph 321 for hazard marking and lighting devices

used to identify open excavations as required. If runway and taxiway closures are proposed to protect

safety areas, or if temporary displaced thresholds and/or revised declared distances are used to provide

adequate Runway Safety Area, include a reference to paragraphs 314 and 319 above. Detail procedures

for protecting the runway OFZ, runway OFA, taxiway OFA and runway approach surfaces including

those altered by the construction: methods of demarcation, limit of cranes, storage of equipment, and so

on. Quote from, rather than incorporate by reference, AC 150/5300-13: Airport Design as required.

Include a reference to paragraph 323 for height (i.e. crane) restrictions as required. One way to address

the height of equipment that will move during the project is to establish a three-dimensional “box” within

which equipment will be confined that can be studied as a single object. Attach drawings to graphically

indicate the safety area, OFZ, and OFA boundaries.

323. Other Limitations on Construction. This section should describe what limitations must be

applied to each area of work and when each limitation will be applied: limitations due to airport

operations, height (i.e. crane) restrictions, areas which cannot be worked at simultaneously, day/night

work restrictions, winter construction, and other limitations. Include a reference to paragraph 307 above

for project phasing requirements based on construction limitations as required.

September 29, 2011 AC 150/5370-2F

37 Appendix 1 Related Reading Material

Appendix 1. Related Reading Material

Obtain the latest version of the following free publications from the FAA on its Web site at

http://www.faa.gov/airports/.

AC Title and Description

AC 150/5200-28 Notices to Airmen (NOTAMs) for Airport Operators

Guidance for using the NOTAM System in airport reporting.

AC 150/5200-30

Airport Winter Safety and Operations

Guidance for airport owners/operators on the development of an acceptable airport snow

and ice control program and on appropriate field condition reporting procedures.

AC 150/5200-33

Hazardous Wildlife Attractants On or Near Airports

Guidance on locating certain land uses that might attract hazardous wildlife to public-

use airports.

AC 150/5210-5

Painting, Marking, and Lighting of Vehicles Used on an Airport.

Guidance, specifications, and standards for painting, marking, and lighting vehicles

operating in the airport air operations areas.

AC 150/5210-20

Ground Vehicle Operations on Airports

Guidance to airport operators on developing ground vehicle operation training

programs.

AC 150/5300-13

Airport Design

FAA standards and recommendations for airport design, establishes approach visibility

minimums as an airport design parameter, and contains the Object Free area and the

obstacle free-zone criteria.

AC 150/5310-24 Airport Foreign Object Debris Management

Guidance for developing and managing an airport foreign object debris (FOD) program

AC 150/5220-4

Water Supply Systems for Aircraft Fire and Rescue Protection.

Guidance on selecting a water source and meeting standards for a distribution system to

support aircraft rescue and fire fighting service operations on airports.

AC 150/5320-15

Management of Airport Industrial Waste

Basic information on the characteristics, management, and regulations of industrial

wastes generated at airports. Guidance for developing a Storm Water Pollution

Prevention Plan (SWPPP) that applies best management practices to eliminate, prevent,

or reduce pollutants in storm water runoff with particular airport industrial activities.

AC 150/5340-1 Standards for Airport Markings

FAA standards for markings used on airport runways, taxiways, and aprons.

AC 150/5340-18 Standards for Airport Sign Systems

FAA standards for the siting and installation of signs on airport runways and taxiways.

AC 150/5345-28

Precision Approach Path Indicator (PAPI) Systems

FAA standards for PAPI systems, which provide pilots with visual glide slope guidance

during approach for landing.

http://www.faa.gov/airports/

AC 150/5370-2F September 29, 2011

Appendix 1 Related Reading Material 38

AC Title and Description

AC 150/5340-30 Design and Installation Details for Airport Visual Aids

Guidance and recommendations on the installation of airport visual aids.

AC 150/5345-39 Specification for L-853, Runway and Taxiway Retroreflective Markers

AC 150/5345-44 Specification for Runway and Taxiway Signs

FAA specifications for unlighted and lighted signs for taxiways and runways.

AC 150/5345-53 Airport Lighting Certification Program

Details on the Airport Lighting Equipment Certification Program (ALECP).

AC 150/5345-50

Specification for Portable Runway and Taxiway Lights

FAA standards for portable runway and taxiway lights and runway end identifier lights

for temporary use to permit continued aircraft operations while all or part of a runway

lighting system is inoperative.

AC 150/5345-55 Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure

AC 150/5370-10

Standards for Specifying Construction of Airports

Standards for construction of airports, including earthwork, drainage, paving, turfing,

lighting, and incidental construction.

FAA Order 5200.11

FAA Airports (ARP) Safety Management System (SMS)

Basics for implementing SMS within ARP. Includes roles and responsibilities of ARP

management and staff as well as other FAA lines of business that contribute to the ARP

SMS.

FAA Certalert 98-05 Grasses Attractive to Hazardous Wildlife

Guidance on grass management and seed selection.

FAA Form 7460-1 Notice of Proposed Construction or Alteration

FAA Form 7480-1 Notice of Landing Area Proposal

Obtain the latest version of the following free publications from the Electronic Code of Federal

Regulations at http://ecfr.gpoaccess.gov/.

Title 14 CFR Part 139 Certification of Airports

Title 49 CFR Part 1542 Airport Security

Obtain the latest version of the Manual on Uniform Traffic Control Devices from the Federal Highway

Administration at http://mutcd.fhwa.dot.gov/.

http://www.faa.gov/regulations_policies/orders_notices/index.cfm/go/document.current/documentNumber/5200.11

http://www.faa.gov/forms/index.cfm/go/document.information/documentID/186273

http://www.faa.gov/forms/index.cfm/go/document.information/documentID/185334

http://ecfr.gpoaccess.gov/

http://mutcd.fhwa.dot.gov/

September 29, 2011 AC 150/5370-2F

39 Appendix 2 Definition of Terms

Appendix 2. Definition of Terms

Term Definition

7460-1

Notice Of Proposed Construction Or Alteration. For on-airport projects, the form

submitted to the FAA regional or airports division office as formal written

notification of any kind of construction or alteration of objects that affect navigable

airspace, as defined in 14 CFR Part 77, safe, efficient use, and preservation of the

navigable airspace. (See guidance available on the FAA web site at oeaaa.faa.gov.)

The form may be downloaded at http://www.faa.gov/airports/resources/forms/, or

filed electronically at: https://oeaaa.faa.gov.

7480-1

Notice Of Landing Area Proposal. Form submitted to the FAA Airports Regional

Division Office or Airports District Office as formal written notification whenever a

project without an airport layout plan on file with the FAA involves the construction

of a new airport; the construction, realigning, altering, activating, or abandoning of a

runway, landing strip, or associated taxiway; or the deactivation or abandoning of an

entire airport The form may be downloaded at

http://www.faa.gov/airports/resources/forms/.

AC Advisory Circular

ACRC Aircraft Reference Code

ACSI Airport Certification Safety Inspector

ADG Airplane Design Group

AIP Airport Improvement Program

ALECP Airport Lighting Equipment Certification Program

ANG Air National Guard

AOA

Air Operations Area. Any area of the airport used or intended to be used for the

landing, takeoff, or surface maneuvering of aircraft. An air operations area includes

such paved or unpaved areas that are used or intended to be used for the unobstructed

movement of aircraft in addition to its associated runways, taxiways, or aprons.

ARFF Aircraft Rescue and Fire Fighting

ARP FAA Office of Airports

ASDA Accelerate-Stop Distance Available

ATCT Airport Traffic Control Tower

ATIS Automatic Terminal Information Service

ATO Air Traffic Organization

Certificated Airport An airport that has been issued an Airport Operating Certificate by the FAA under the

authority of 14 CFR Part 139, Certification of Airports.

CFR Code of Federal Regulations

Construction The presence and movement of construction-related personnel, equipment, and

materials in any location that could infringe upon the movement of aircraft.

CSPP

Construction Safety And Phasing Plan. The overall plan for safety and phasing of a

construction project developed by the airport operator, or developed by the airport

operator’s consultant and approved by the airport operator. It is included in the

invitation for bids and becomes part of the project specifications.

http://www.faa.gov/airports/resources/forms/

https://oeaaa.faa.gov/

http://www.faa.gov/airports/resources/forms/

AC 150/5370-2F September 29, 2011

Appendix 2 Definition of Terms 40

Term Definition

CTAF Common Traffic Advisory Frequency

Displaced Threshold

A threshold that is located at a point on the runway other than the designated

beginning of the runway. The portion of pavement behind a displaced threshold is

available for takeoffs in either direction or landing from the opposite direction.

DOT Department of Transportation

EPA Environmental Protection Agency

FOD Foreign Object Debris

HAZMAT Hazardous Materials

IFR Instrument Flight Rules

ILS Instrument Landing System

LDA Landing Distance Available

LOC Localizer antenna array

Movement Area

The runways, taxiways, and other areas of an airport that are used for taxiing or hover

taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading aprons and

aircraft parking areas (reference 14 CFR Part 139).

MSDS Material Safety Data Sheet

MUTCD Manual on Uniform Traffic Control Devices

NAVAID Navigation Aid

NAVAID Critical Area An area of defined shape and size associated with a NAVAID that must remain clear

and graded to avoid interference with the electronic signal.

Non-Movement Area

The area inside the airport security fence exclusive of the Movement Area. It is

important to note that the non-movement area includes pavement traversed by

aircraft.

NOTAM Notices to Airmen

Obstruction Any object/obstacle exceeding the obstruction standards specified by 14 CFR Part 77,

subpart C.

OE / AAA Obstruction Evaluation / Airport Airspace Analysis

OFA

Object Free Area. An area on the ground centered on the runway, taxiway, or taxi

lane centerline provided to enhance safety of aircraft operations by having the area

free of objects except for those objects that need to be located in the OFA for air

navigation or aircraft ground maneuvering purposes. (See AC 150/5300-13, for

additional guidance on OFA standards and wingtip clearance criteria.)

OFZ

Obstacle Free Zone. The airspace below 150 ft (45 m) above the established airport

elevation and along the runway and extended runway centerline that is required to be

clear of all objects, except for frangible visual NAVAIDs that need to be located in

the OFZ because of their function, in order to provide clearance protection for aircraft

landing or taking off from the runway and for missed approaches. The OFZ is

subdivided as follows: Runway OFZ, Inner Approach OFZ, Inner Transitional OFZ,

and Precision OFZ. Refer to AC 150/5300-13 for guidance on OFZ.

OSHA Occupational Safety and Health Administration

P&R Planning and Requirements Group

September 29, 2011 AC 150/5370-2F

41 Appendix 2 Definition of Terms

Term Definition

PAPI Precision Approach Path Indicators

PFC Passenger Facility Charge

PLASI Pulse Light Approach Slope Indicators

Project Proposal Summary A clear and concise description of the proposed project or change that is the object of

Safety Risk Management.

RE Resident Engineer

REIL Runway End Identifier Lights

RNAV Area Navigation

ROFA Runway Object Free Area

RSA

Runway Safety Area. A defined surface surrounding the runway prepared or suitable

for reducing the risk of damage to airplanes in the event of an undershoot, overshoot,

or excursion from the runway, in accordance with AC 150/5300-13.

SIDA Security Identification Display Area

SMS Safety Management System

SPCD

Safety Plan Compliance Document. Details developed and submitted by a contractor

to the airport operator for approval providing details on how the performance of a

construction project will comply with the CSPP.

SRM Safety Risk Management

Taxiway Safety Area

A defined surface alongside the taxiway prepared or suitable for reducing the risk of

damage to an airplane unintentionally departing the taxiway, in accordance with AC

150/5300-13.

TDG Taxiway Design Group

Temporary Any condition that is not intended to be permanent.

Temporary Runway End

The beginning of that portion of the runway available for landing and taking off in

one direction, and for landing in the other direction. Note the difference from a

displaced threshold.

Threshold The beginning of that portion of the runway available for landing. In some instances,

the landing threshold may be displaced.

TODA Takeoff Distance Available

TOFA Taxiway Object Free Area

TORA

Takeoff Run Available. The length of the runway less any length of runway

unavailable and/or unsuitable for takeoff run computations. See AC 150/5300-13 for

guidance on declared distances.

TSA Taxiway Safety Area

Transportation Security Administration

UNICOM A radio communications system of a type used at small airports.

VASI Visual Approach Slope Indicators

AC 150/5370-2F September 29, 2011

Appendix 2 Definition of Terms 42

Term Definition

VGSI

Visual Glide Slope Indicator. A device that provides a visual glide slope indicator to

landing pilots. These systems include precision approach path indicators (PAPI),

visual approach slope indicators (VASI), and pulse light approach slope indicators

(PLASI).

VFR Visual Flight Rules

VOR VHF Omnidirectional Radio Range

VPD Vehicle / Pedestrian Deviation

September 29, 2011 AC 150/5370-2F


Appendix 3. Safety and Phasing Plan Checklist

This appendix is keyed to Section 2. Plan Requirements. In the electronic version of this AC, clicking on

the paragraph designation in the Reference column will access the applicable paragraph. There may be

instances where the CSPP requires provisions that are not covered by the list in this appendix.

This checklist is intended as an aid, not as a required submittal.


General Considerations

Requirements for predesign, prebid, and

preconstruction conferences to introduce the

subject of airport operational safety during

construction are specified.

205 □

Yes

□

No

□

NA

Operational safety is a standing agenda item for

construction progress meetings. 205 □

Yes

□

No

□

NA

Scheduling of the construction phases is properly

addressed. 206 □

Yes

□

No

□

NA

Areas and Operations Affected by Construction Activity

Drawings showing affected areas are included. 207.a □

Yes

□

No

□

NA

Closed or partially closed runways, taxiways,

and aprons are depicted on drawings. 207.a(1) □

Yes

□

No

□

NA

Access routes used by ARFF vehicles affected

by the project are addressed. 207.a(2) □

Yes

□

No

□

NA

Access routes used by airport and airline support

vehicles affected by the project are addressed. 207.a(3) □

Yes

□

No

□

NA

Underground utilities, including water supplies

for fire fighting and drainage. 207.a(4) □

Yes

□

No

□

NA

Approach/departure surfaces affected by heights

of temporary objects are addressed. 207.a(5) □

Yes

□

No

□

NA

Construction areas, storage areas, and access

routes near runways, taxiways, aprons, or

helipads are properly depicted on drawings.

207.a □

Yes

□

No

□

NA

Temporary changes to taxi operations are


Yes

□

No

□

NA

AC 150/5370-2F September 29, 2011



Detours for ARFF and other airport vehicles are

identified. 207.b(2) □

Yes

□

No

□

NA

Maintenance of essential utilities and

underground infrastructure is addressed. 207.b(3) □

Yes

□

No

□

NA

Temporary changes to air traffic control

procedures are addressed. 207.b(4) □

Yes

□

No

□

NA

NAVAIDS

Critical areas for NAVAIDs are depicted on

drawings. 208 □

Yes

□

No

□

NA

Effects of construction activity on the

performance of NAVAIDS, including

unanticipated power outages, are addressed.

208 □

Yes

□

No

□

NA

Protection of NAVAID facilities is addressed. 208 □

Yes

□

No

□

NA

The required distance and direction from each

NAVAID to any construction activity is depicted

on drawings.

208 □

Yes

□

No

□

NA

Procedures for coordination with FAA

ATO/Technical Operations, including

identification of points of contact, are included.

208, 213.a,

213.e(3)(a),

218.a

□

Yes

□

No

□

NA

Contractor Access

The CSPP addresses areas to which contractor

will have access and how the areas will be

accessed.

209 □

Yes

□

No

□

NA

The application of 49 CFR Part 1542 Airport

Security, where appropriate, is addressed. 209 □

Yes

□

No

□

NA

The location of stockpiled construction materials

is depicted on drawings. 209.a □

Yes

□

No

□

NA

The requirement for stockpiles in the ROFA to

be approved by FAA is included. 209.a □

Yes

□

No

□

NA

Requirements for proper stockpiling of materials

are included. 209.a □

Yes

□

No

□

NA

September 29, 2011 AC 150/5370-2F



Construction site parking is addressed. 209.b(1) □

Yes

□

No

□

NA

Construction equipment parking is addressed. 209.b(2) □

Yes

□

No

□

NA

Access and haul roads are addressed. 209.b(3) □

Yes

□

No

□

NA

A requirement for marking and lighting of

vehicles to comply with AC 150/5210-5,

Painting, Marking and Lighting of Vehicles

Used on an Airport, is included.

209.b(4) □

Yes

□

No

□

NA

Proper vehicle operations, including

requirements for escorts, are described.

209.b(5),

209.b(6) □

Yes

□

No

□

NA

Training requirements for vehicle drivers are


Yes

□

No

□

NA

Two-way radio communications procedures are

described. 209.b(9) □

Yes

□

No

□

NA

Maintenance of the secured area of the airport is


Yes

□

No

□

NA

Wildlife Management

The airport operator’s wildlife management


Yes

□

No

□

NA

Foreign Object Debris Management

The airport operator’s FOD management


Yes

□

No

□

NA

Hazardous Materials Management

The airport operator’s hazardous materials

management procedures are addressed. 212 □

Yes

□

No

□

NA

Notification of Construction Activities

Procedures for the immediate notification of

airport user and local FAA of any conditions

adversely affecting the operational safety of the

airport are detailed.

213 □

Yes

□

No

□

NA

AC 150/5370-2F September 29, 2011



Maintenance of a list by the airport operator of

the responsible representatives/points of contact

for all involved parties and procedures for

contacting them 24 hours a day, seven days a

week is specified.

213.a □

Yes

□

No

□

NA

A list of local ATO/Technical Operations

personnel is included. 213.a □

Yes

□

No

□

NA

A list of ATCT managers on duty is included. 213.a □

Yes

□

No

□

NA

A list of authorized representatives to the OCC is

included. 213.b □

Yes

□

No

□

NA

Procedures for coordinating, issuing, maintaining

and cancelling by the airport operator of

NOTAMS about airport conditions resulting

from construction are included.

208, 213.b,

218.b(4)(i) □

Yes

□

No

□

NA

Provision of information on closed or hazardous

conditions on airport movement areas by the

airport operator to the OCC is specified.

213.b □

Yes

□

No

□

NA

Emergency notification procedures for medical,

fire fighting, and police response are addressed. 213.c □

Yes

□

No

□

NA

Coordination with ARFF personnel for non-

emergency issues is addressed. 213.d □

Yes

□

No

□

NA

Notification to the FAA under 14 CFR parts 77

and 157 is addressed. 213.e □

Yes

□

No

□

NA

Reimbursable agreements for flight checks

and/or design and construction for FAA owned

NAVAIDs are addressed.

213.e(3)(b) □

Yes

□

No

□

NA

Inspection Requirements

Daily inspections by both the airport operator

and contractor are specified. 214.a □

Yes

□

No

□

NA

Final inspections at certificated airports are

specified when required. 214.b □

Yes

□

No

□

NA

Underground Utilities

Procedures for protecting existing underground

facilities in excavation areas are described. 215 □

Yes

□

No

□

NA

September 29, 2011 AC 150/5370-2F



Penalties

Penalty provisions for noncompliance with

airport rules and regulations and the safety plans

are detailed.

216 □

Yes

□

No

□

NA

Special Conditions

Any special conditions that affect the operation

of the airport or require the activation of any

special procedures are addressed.

217 □

Yes

□

No

□

NA

Runway and Taxiway Visual Aids - Marking, Lighting, Signs, and Visual NAVAIDs

The proper securing of temporary airport

markings, lighting, signs, and visual NAVAIDs

is addressed.

218.a □

Yes

□

No

□

NA

Frangibility of airport markings, lighting, signs,

and visual NAVAIDs is specified.

218.a, 218.c,

219, 220.b(4) □

Yes

□

No

□

NA

The requirement for markings to be in

compliance with AC 150/5340-1, Standards for

Airport Markings is specified.

218.b □

Yes

□

No

□

NA

The requirement for lighting to conform to AC

150/5340-30, Design and Installation Details for

Airport Visual Aids, AC 150/5345-50,

Specification for Portable Runway and Taxiway

Lights , and AC 150/5345-53 Airport Lighting

Certification Program, is specified.

218.b(1)(f) □

Yes

□

No

□

NA

The use of a lighted X is specified where

appropriate.

218.b(1)(b),

218.b(3) □

Yes

□

No

□

NA

The requirement for signs to conform to AC

150/5345-44, Specification for Runway and

Taxiway Signs, AC 50/5340-18, Standards for

Airport Sign Systems, and AC 150/5345-53,

Airport Lighting Certification Program, is

specified.

218.c □

Yes

□

No

□

NA

Marking and Signs For Access Routes

The CSPP specifies that pavement markings and

signs intended for construction personnel should

conform to AC 150/5340-18 and, to the extent

practicable, with the MUTCD and/or State

highway specifications.

219 □

Yes

□

No

□

NA

Hazard Marking and Lighting

Prominent, comprehensible warning indicators

for any area affected by construction that is

normally accessible to aircraft, personnel, or

vehicles are specified.

220.a □

Yes

□

No

□

NA

AC 150/5370-2F September 29, 2011



Hazard marking and lighting are specified to

identify open manholes, small areas under repair,

stockpiled material, and waste areas.

220.a □

Yes

□

No

□

NA

The CSPP considers less obvious construction-

related hazards. 220.a □

Yes

□

No

□

NA

Equipment that poses the least danger to aircraft

but is sturdy enough to remain in place when

subjected to typical winds, prop wash and jet

blast is specified.

220.b(1) □

Yes

□

No

□

NA

The spacing of barricades is specified such that a

breach is physically prevented barring a

deliberate act.

220.b(1) □

Yes

□

No

□

NA

Red lights meeting the luminance requirements

of the State Highway Department are specified. 220.b(2) □

Yes

□

No

□

NA

Barricades, temporary markers, and other objects

placed and left in areas adjacent to any open

runway, taxiway, taxi lane, or apron are specified

to be as low as possible to the ground, and no

more than 18 in high.

220.b(4) □

Yes

□

No

□

NA

Barricades marked with diagonal, alternating

orange and white stripes are specified to indicate

construction locations in which no part of an

aircraft may enter.

220.b(4) □

Yes

□

No

□

NA

Highly reflective barriers with lights are

specified to barricade taxiways leading to closed

runways.

220.b(5) □

Yes

□

No

□

NA

Markings for temporary closures are specified. 220.b(5) □

Yes

□

No

□

NA

The provision of a contractor’s representative on

call 24 hours a day for emergency maintenance

of airport hazard lighting and barricades is

specified.

220.b(7) □

Yes

□

No

□

NA

Protection of Runway and Taxiway Safety Areas


occur within a safety area while the associated

runway or taxiway is open for aircraft

operations.

221.a(1),

221.c(1) □

Yes

□

No

□

NA

The CSPP specifies that the airport operator

coordinates the adjustment of RSA or TSA

dimensions with the ATCT and the appropriate

FAA Airports Regional or District Office and

issues a local NOTAM.

221.a(2),

221.c(2) □

Yes

□

No

□

NA

September 29, 2011 AC 150/5370-2F



Procedures for ensuring adequate distance for

protection from blasting operations, if required

by operational considerations, are detailed.

221.c(3) □

Yes

□

No

□

NA

The CSPP specifies that open trenches or

excavations are not permitted within a safety

area while the associated runway or taxiway is

open.

221.a(4) □

Yes

□

No

□

NA

Appropriate covering of excavations in the RSA

or TSA that cannot be backfilled before the

associated runway or taxiway is open is detailed.

221.a(4) □

Yes

□

No

□

NA

The CSPP includes provisions for prominent

marking of open trenches and excavations at the

construction site.

221.a(4) □

Yes

□

No

□

NA

Grading and soil erosion control to maintain

RSA/TSA standards are addressed. 221.c(5) □

Yes

□

No

□

NA

The CSPP specifies that equipment is to be

removed from the ROFA when not in use. 221.b □

Yes

□

No

□

NA


occur within a taxiway safety area while the

taxiway is open for aircraft operations.

221.c □

Yes

□

No

□

NA

Appropriate details are specified for any

construction work to be accomplished in a

taxiway object free area.

221.d □

Yes

□

No

□

NA

Measures to ensure that personnel, material,

and/or equipment do not penetrate the OFZ or

threshold siting surfaces while the runway is

open for aircraft operations are included.

221.e □

Yes

□

No

□

NA

Provisions for protection of runway

approach/departure areas and clearways are

included.

221.f □

Yes

□

No

□

NA

Other Limitations on Construction

The CSPP prohibits the use of open flame

welding or torches unless adequate fire safety

precautions are provided and the airport operator

has approved their use.

222.a(2) □

Yes

□

No

□

NA

The CSPP prohibits the use of flare pots within

the AOA at any time. 222.a(4) □

Yes

□

No

□

NA

The CSPP prohibits the use of electrical blasting

caps on or within 1,000 ft (300 m) of the airport

property.

222.a(3) □

Yes

□

No

□

NA

September 29, 2011 AC 150/5370-2F


Appendix 4. Construction Project Daily Safety Inspection Checklist

The situations identified below are potentially hazardous conditions that may occur during airport

construction projects. Safety area encroachments, unauthorized and improper ground vehicle operations,

and unmarked or uncovered holes and trenches near aircraft operating surfaces pose the most prevalent

threats to airport operational safety during airport construction projects. The list below is one tool that the

airport operator or contractor may use to aid in identifying and correcting potentially hazardous

conditions. It should be customized as appropriate for each project.

Potentially Hazardous Conditions


Excavation adjacent to runways, taxiways, and aprons

improperly backfilled. □

Mounds of earth, construction materials, temporary

structures, and other obstacles near any open runway,

taxiway, or taxi lane; in the related Object Free area

and aircraft approach or departure areas/zones; or

obstructing any sign or marking.

□

Runway resurfacing projects resulting in lips exceeding

3 in (7.6 cm) from pavement edges and ends. □

Heavy equipment (stationary or mobile) operating or

idle near AOA, in runway approaches and departures

areas, or in OFZ.

□

Equipment or material near NAVAIDs that may

degrade or impair radiated signals and/or the

monitoring of navigation and visual aids. Unauthorized

or improper vehicle operations in localizer or glide

slope critical areas, resulting in electronic interference

and/or facility shutdown.

□

Tall and especially relatively low visibility units (that

is, equipment with slim profiles) — cranes, drills, and

similar objects — located in critical areas, such as OFZ

and approach zones.

□

Improperly positioned or malfunctioning lights or

unlighted airport hazards, such as holes or excavations,

on any apron, open taxiway, or open taxi lane or in a

related safety, approach, or departure area.

□

Obstacles, loose pavement, trash, and other debris on or

near AOA. Construction debris (gravel, sand, mud,

paving materials) on airport pavements may result in

aircraft propeller, turbine engine, or tire damage. Also,

loose materials may blow about, potentially causing

personal injury or equipment damage.

□

AC 150/5370-2F September 29, 2011



Inappropriate or poorly maintained fencing during

construction intended to deter human and animal

intrusions into the AOA. Fencing and other markings

that are inadequate to separate construction areas from

open AOA create aviation hazards.

□

Improper or inadequate marking or lighting of runways

(especially thresholds that have been displaced or

runways that have been closed) and taxiways that could

cause pilot confusion and provide a potential for a

runway incursion. Inadequate or improper methods of

marking, barricading, and lighting of temporarily

closed portions of AOA create aviation hazards.

□

Wildlife attractants — such as trash (food scraps not

collected from construction personnel activity), grass

seeds, tall grass, or standing water — on or near

airports.

□

Obliterated or faded temporary markings on active

operational areas. □

Misleading or malfunctioning obstruction lights.

Unlighted or unmarked obstructions in the approach to

any open runway pose aviation hazards.

□

Failure to issue, update, or cancel NOTAMs about

airport or runway closures or other construction related

airport conditions.

□

Failure to mark and identify utilities or power cables.

Damage to utilities and power cables during

construction activity can result in the loss of runway /

taxiway lighting; loss of navigation, visual, or approach

aids; disruption of weather reporting services; and/or

loss of communications.

□

Restrictions on ARFF access from fire stations to the

runway / taxiway system or airport buildings. □

Lack of radio communications with construction

vehicles in airport movement areas. □

Objects, regardless of whether they are marked or

flagged, or activities anywhere on or near an airport

that could be distracting, confusing, or alarming to

pilots during aircraft operations.

□

Water, snow, dirt, debris, or other contaminants that

temporarily obscure or derogate the visibility of

runway/taxiway marking, lighting, and pavement

edges. Any condition or factor that obscures or

diminishes the visibility of areas under construction.

□

Spillage from vehicles (gasoline, diesel fuel, oil) on

active pavement areas, such as runways, taxiways,

aprons, and airport roadways.

□

September 29, 2011 AC 150/5370-2F



Failure to maintain drainage system integrity during

construction (for example, no temporary drainage

provided when working on a drainage system).

□

Failure to provide for proper electrical lockout and

tagging procedures. At larger airports with multiple

maintenance shifts/workers, construction contractors

should make provisions for coordinating work on

circuits.

□

Failure to control dust. Consider limiting the amount of

area from which the contractor is allowed to strip turf. □

Exposed wiring that creates an electrocution or fire

ignition hazard. Identify and secure wiring, and place it

in conduit or bury it.

□

Site burning, which can cause possible obscuration. □

Construction work taking place outside of designated

work areas and out of phase. □

AC 150/5370-2F September 29, 2011





Charlottesville, VA


SUMMARY


PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Owner consultants.

2. Project information exchange.

3. Phased construction.

4. Contract Documents issued in work packages.

5. Work by Owner.

6. Work under separate contracts.

7. Work packages.

8. Future work.

9. Purchase contracts.

10. Owner-supplied products.

11. Contractor use of premises.

12. Coordination with occupants.

13. Work restrictions.

14. Construction personnel.

15. Specification and drawing conventions.

B. Related Requirements:

1. Section 01 5000 "Temporary Facilities and Controls" for limitations and procedures

governing temporary use of Owner's facilities.

1.2 PROJECT INFORMATION EXCHANGE

A. Project Information Exchange: The Architect will provide access to relevant Project files

through its project information management software Newforma without charge to Contractor

and provide instruction on its use. This software includes the ability to exchange large files and

large numbers of files.

1. Contract Documents will be issued using this software.

2. Contractor shall use this software for transmitting all files for contract administration

documents; no other method is acceptable. The Architect will not download documents

from Contractor’s FTP site.

3. Additional requirements for specific types of contract administration documents are

specified in other Division-01 Specifications sections.

1.3 WORK COVERED BY CONTRACT DOCUMENTS

A. Type of Contract: Project will be constructed under a single prime contract.

B. Coordinate the Work of this Contract with work performed by Owner. Cooperate fully with

Owner so work may be performed without interfering with or delaying work under this Contract

or work by Owner.

C. Drawings and Specifications for site construction outside the perimeter of the building are being

prepared by a Civil Engineer under separate contract to the Owner and are not under the

responsible charge or control of the Architect, Gresham, Smith and Partners.



Charlottesville, VA


SUMMARY


D. Clarifications and Disclaimers:

1. The Architect has no contractual obligation or authority to observe or evaluate

construction work or to perform other contract administration duties for any work

performed under drawings and specifications provided by other entities, including

drawings and specifications provided by the Owner’s civil engineering consultant for site

improvements construction.

2. The phrase “Contract Documents” as used in Drawings and Specifications provided by

the Architect and its consultants refers only to Drawings and Specifications issued by the

Architect for construction of those portions of the Project under the Architect’s

responsible charge and specifically excludes drawings and specifications provided by

other entities.

1.4 WORK BY OWNER

A. General: Cooperate fully with Owner so work may be carried out smoothly, without interfering

with or delaying work under this Contract or work by Owner. Coordinate the Work of this

Contract with work performed by Owner.

1.5 FUTURE WORK

A. The Contract Documents include requirements that will allow Owner to carry out future work

following completion of this Project; provide for the following future work:

Tenant improvements by concessions vendors.

1.6 CONTRACTOR USE OF PREMISES

A. Construction areas will be vacated for use of Contractor. Owner will occupy other portions of

the facility for its normal use, including access by the public.

B. Limit use and operation within existing facilities to areas indicated for construction work and as

required to perform Work. Other areas within facility shall not be disturbed or disrupted.

C. Perform Work so as not to interfere or inconvenience Owner’s operations and other building

tenants , including access by the public.

D. Notify Owner at least 2 working days in advance of operations that are very loud, produce

strong odors, or produce vibration in the structure during Owner’s normal business hours.

Owner reserves right to have such operations conducted outside normal business hours.

1. Cutting steel studs shall be performed outdoors, outside business hours, or off site.

2. Coring existing concrete shall be performed outside business hours.

E. Cutting, capping, and reconnecting utility systems outside limits of construction as needed for

the Work shall be performed by Contractor, unless otherwise noted.

F. Building Exits: Keep exit doors and other means of egress clear and in lawful condition at all

times during construction period.



Charlottesville, VA


SUMMARY


G. Driveways, Parking Areas, Loading areas: Do not block vehicle access to the premises for

Owner’s normal operations.

1. Limit access to site from as directed by Owner.

2. Schedule deliveries to minimize use of driveways and entrances by construction

operations.

H. Coordinate use of premises under direction of Owner.

I. The Owner will designate portions of the site available for storage of materials and parking of

properly identified construction and personal vehicles.

1. Schedule deliveries to minimize space and time requirements for storage of materials and

equipment on-site.

2. Parking is limited and parked vehicles are subject to the Owner’s restrictions and limits

of liability.

J. Utility Interruptions: Make requests minimum 7 days in advance to Owner.

1. Interruptions that affect Owner’s normal use of the building shall be performed outside

business hours.

K. Maintain portions of existing building affected by construction operations in weathertight

condition throughout construction period. Repair damage caused by construction operations or

personnel.

L. Do not load existing construction with heavy storage or equipment that will endanger the

structure.

M. Provide temporary partitions as needed to prevent spread of dust and fumes to portions of the

building occupied by Owner per requirements of Section 01 5000.

N. Tobacco Use: Smoking and use of smokeless tobacco products are prohibited inside buildings,

including new construction after the buildings are enclosed. Comply with Owner’s restrictions

on smoking and use of smokeless tobacco products outside buildings. Contractor is responsible

for cleaning or replacement, as directed by Owner, of new and existing construction elements

stained by tobacco used by construction personnel.

1.7 CONTRACTOR USE OF PREMISES

A. Contractor shall have full use of Project site for construction operations during construction

period. Contractor's use of Project site is limited only by Owner's right to perform work or to

retain other contractors on portions of Project.

B. Use of Site: Limit use of Project site to areas within the Contract limits indicated. Do not

disturb portions of Project site beyond areas in which the Work is indicated.

C. Condition of Existing Building: Maintain portions of existing building affected by construction

operations in a weathertight condition throughout construction period. Repair damage caused

by construction operations.



Charlottesville, VA


SUMMARY


1. Limit use and operation within existing facilities to areas indicated for construction work

and as required to perform Work. Other areas within facility shall not be disturbed or

disrupted.

2. Perform Work so as not to interfere or inconvenience public, staff and Owner’s

operation.

3. Maintain and keep clear all required means of egress. Coordinate alternate temporary

egress routes with Owner and local fire marshal.

4. Do not load structure with weights that will endanger structure.

1.8 COORDINATION WITH OCCUPANTS

A. Partial Owner Occupancy: Owner will occupy the premises during entire construction period,

with the exception of areas under construction. Cooperate with Owner during construction

operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to

interfere with Owner's operations. Maintain existing exits, unless otherwise indicated.

1. Maintain access to existing walkways, corridors, and other adjacent occupied or used

facilities. Do not close or obstruct walkways, corridors, or other occupied or used

facilities without written permission from Owner and authorities having jurisdiction.

2. Provide not less than 72 hours' notice to Owner of activities that will affect Owner's

normal operations and use.

1.9 WORK RESTRICTIONS

A. Work Restrictions, General: Comply with restrictions on construction operations.

1. Comply with limitations on use of public areas and with other requirements of authorities

having jurisdiction.

B. On-Site Work Hours: Coordinate with Owner. Portions of the work will take place during

night shifts to coordinate with owner’s operations.

C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or

others unless permitted under the following conditions and then only after providing temporary

utility services according to requirements indicated:

1. Notify Architect and Owner not less than seven days in advance of proposed utility

interruptions.

2. Obtain Owner's written permission before proceeding with utility interruptions.

D. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and

vibration, odors, or other disruption to Owner occupancy with Owner.

1. Notify Architect and Owner not less than two days in advance of proposed disruptive

operations.

2. Obtain Owner's written permission before proceeding with disruptive operations.

E. Nonsmoking Facility: Smoking is not permitted within the building and is permitted only in

exterior areas designated by Owner. Contractor is responsible for cleaning or replacement, as

directed by Owner, of new and existing construction elements stained by tobacco use by

construction personnel.

F. Alcoholic Beverages: Consumption of alcoholic beverages on Owner’s property is prohibited.



Charlottesville, VA


SUMMARY


1.10 CONSTRUCTION PERSONNEL

A. Employee Identification: Apply for and obtain identification tags from the Airport, in

accordance with the Airport’s policy for access to Security Identification Display Areas (SIDA)

for Contractor personnel working on Project site and for vehicles. Require personnel to use

identification tags at all times.

B. Contractor is responsible for enforcing good behavior of its employees, subcontractors, and

other persons participating in the Work. Contractor shall immediately remove disorderly

persons from the premises. Owner shall have the right to require the removal of objectionable

persons from the premises at its sole discretion.

1.11 DISPOSITION OF EXCESS AND DEMOLISHED MATERIALS

A. Project surplus or demolition materials may not be provided to Vanderbilt faculty or staff.

Material shall be removed from the project site or turned over to VUMC Storage and Services at

the contractor’s expense.

1.1 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

A. 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.

B. Notwithstanding statements to the contrary in Divisions 21 through 28 of the specifications,

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 SPECIFICATION AND DRAWING CONVENTIONS

A. Project Manual: The Project Manual comprises written documents for the Work in one or more

volumes that include Specifications issued under the professional seals of the Architect and its

consultants, and documents prepared by the Owner or other entities for which the Architect has

no responsibility. The Project Manual may contain documents such as bidding requirements and

information available to bidders that are not Contract Documents.

B. Specification Content: The Specifications use certain conventions for the style of language and

the intended meaning of certain terms, words, and phrases when used in particular situations.

These conventions are as follows:

1. Imperative mood and streamlined language are generally used in the Specifications. The

words "shall," "shall be," or "shall comply with," depending on the context, are implied

where a colon (:) is used within a sentence or phrase.

2. Specification requirements are to be performed by Contractor unless specifically stated

otherwise.



Charlottesville, VA


SUMMARY


C. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work

of all Sections in the Specifications.

D. Drawing Coordination: Requirements for materials and products identified on Drawings are

described in detail in the Specifications. One or more of the following are used on Drawings to

identify materials and products:

1. Terminology: Materials and products are identified by the typical generic terms used in

the individual Specifications Sections.

2. Abbreviations: Materials and products are identified by industry standard abbreviations

and as scheduled on Drawings.

A. "Section Includes," "Summary," and similar introductory information are included in

Specification sections only for convenience of reference by readers, and no limitation of section

content or scope of subcontracts is intended.

B. Cross References: Cross references to Division 01 and other portions of the Specifications are

neither exhaustive nor complete, and are intended only for the convenience of readers. No

limitation of requirements shall be inferred from the absence of specific cross references.

C. Abbreviations: Abbreviations of technical terms and other lengthy terminology are used on the

Drawings, in schedules, and in the Specifications. Some terms are defined in the Specifications

at first instance of use. Request explanations of abbreviations from the Architect that are not

understood.

D. Graphic Symbols: Request explanations from the Architect for unexplained graphic symbols,

cross-hatching, and similar Drawing conventions.

E. Diagrammatic Drawings: Where information is shown diagrammatically, it is the Contractor's

responsibility to determine actual sizes of the products to be installed and to coordinate

locations with other construction to provide adequate clearances for maintenance access and

optimum performance.

1.3 MISCELLANEOUS PROVISIONS

A. No building element or system shall be installed within elevated composite slab assemblies. The

assembly shall be constructed in accordance with the referenced fire-rated design test.

B. By execution of this Contract, Contractor acknowledges review of proposed details and

specifications and agrees to provide warranties and bonds for products and systems specified

herein, detailed on drawings and as approved as a substituted or comparable product or system

in accordance with Division 01 Section "Product Requirements".

C. At the project site (in hard copy or electronic access) provide and maintain quality standards for

construction and equipment for the project including, but not limited to the following:

1. U.S. Department of Justice publication 2010 ADA Standards for Accessible Design.

2. Applicable accessibility code.

3. Gypsum Construction Handbook.

4. NFPA 101 Life Safety Code

5. UL Fire Resistance Directories.



Charlottesville, VA


SUMMARY


PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION




Charlottesville, VA


ALTERNATES


PART 1 - GENERAL

1.1 SUMMARY

1. Section Includes: Administrative and procedural requirements for Alternates.

1.2 DEFINITIONS

2. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work

defined in the bidding requirements that may be added to or deducted from the base bid

amount if Owner decides to accept a corresponding change either in the amount of

construction to be completed or in the products, materials, equipment, systems, or installation

methods described in the Contract Documents.

1. Alternates described in this Section are part of the Work only if enumerated in the

Agreement.

2. The cost or credit for each alternate is the net addition to or deduction from the Contract

Sum to incorporate alternate into the Work. No other adjustments are made to the Contract

Sum.

1.3 PROCEDURES

3. Coordination: Revise or adjust affected adjacent work as necessary to completely integrate

work of the alternate into Project.

1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar

items incidental to or required for a complete installation whether or not indicated as part

of alternate.

4. Notification: Immediately following award of the Contract, notify each party involved, in

writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or

deferred for later consideration. Include a complete description of negotiated revisions to

alternates.

5. Execute accepted alternates under the same conditions as other work of the Contract.

6. Schedule: A schedule of alternates is included at the end of this Section. Specification

Sections referenced in schedule contain requirements for materials necessary to achieve the

work described under each alternate.

2. Descriptions of Alternates in this Section are only summaries of Work fully described

elsewhere in the Contract Documents.




Charlottesville, VA


ALTERNATES


PART 3 - EXECUTION

3.1 SCHEDULE OF ALTERNATES

A. Bid Alternate No. 1: Lavatory Faucet. Indicate amount for this alternate in Section 00 4100 “Bid

Form” under item F.

1. Base Bid: All work to provide and install restroom lavatory faucets as indicated in the

contract documents, based on the water faucet and hand dryer combination unit Dyson

Airblade Tap AB11 as listed in Plumbing Fixture Schedule.

2. Alternate:

a. Replace Dyson Airblade Tap water faucet and hand dryer combination unit with

Kohler K-7514 as listed in Plumbing Fixture Schedule at all locations within

project scope.

b. Add twelve (12) paper towel dispenser units designated as B4 in specification

section 10 2800 “Toilet and Bath Accessories” at trash drop cabinets in restrooms.

Include additional materials and labor for additional power to these paper towel

dispensers.

c. Add addition of automatic hand dryers in the following quantities: One (1) hand

dryer per family restroom, One (1) hand dryer per mother’s lounge, One (1) hand

dryer in room 106, One (1) in room 107, Two (2) dryers at each of the following

locations: 138, 139, 234 and 238. Exact locations to be determined pending

acceptance of alternate. Include additional materials and labor for additional power

to these paper towel dispensers.

B. Bid Alternate No. 2: Roofing warranty. Indicate amount for this alternate in Section 00 4100

“Bid Form” under item G.

1. Base Bid: Provide roofing membrane warranty as required per specification section 07

5423 Thermoplastic Polyolefin (TPO) Roofing.

2. Alternate: Provide products specified in specification section 07 5423 Thermoplastic

Polyolefin (TPO) Roofing with a 20 year special warranty.

C. Bid Alternate No. 3: Terrazzo stripping and sealing. Indicate amount for this alternate in Section

00 4100 “Bid Form” under item H.

1. Base Bid: No work to existing terrazzo other than work required to install adjacent work

or demolition of existing terrazzo required to install new work in its place.

2. Alternate: Includes all work associated with the re-sealing of all existing terrazzo.

Contractor shall clean all existing terrazzo, remove all layers of sealer from all existing

terrazzo, repair damaged areas of existing terrazzo, and re-seal all existing terrazzo. Repairs

to existing terrazzo shall include, but are not limited to, deep gauges and scratches, spalling,

and chipping. Contractor shall allow multiple areas totaling 100 square feet. New sealer

shall be of same manufacturer and type as currently being used by airport facility.

D. Bid Alternate No. 4: Terrazzo polishing. Indicate amount for this alternate in Section 00 4100 “Bid

Form” under item J.

1. Base Bid: No work to existing terrazzo other than work required to install adjacent work

or demolition of existing terrazzo required to install new work in its place.



Charlottesville, VA


ALTERNATES


2. Alternate: Includes all work associated with the grinding and polishing of existing terrazzo.

All areas shall be cleaned, stripped of sealer, and receive additional grinding and polishing

according to the procedures outlined in Division 09, “Terrazzo Grinding and Polishing”.

Damaged areas of existing terrazzo shall also be repaired prior to grinding and polishing.

Repairs to existing terrazzo shall include, but are not limited to, deep gauges and scratches,

spalling, and chipping.

END OF SECTION




Charlottesville, VA


SUBSTITUTION PROCEDURES


PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for substitutions.


1. Division 01 Section "Allowances" for products selected under an allowance.

2. Division 01 Section "Alternates" for products selected under an alternate.

3. Division 01 Section "Product Requirements" for requirements for submitting

comparable product submittals for products by listed manufacturers.

1.2 DEFINITIONS

A. Substitutions: Changes in products, materials, equipment, and methods of construction from

those required by the Contract Documents and proposed by Contractor.

1. Substitutions for Cause: Changes proposed by Contractor that are required due to

changed Project conditions, such as unavailability of product, regulatory changes, or

unavailability of required warranty terms.

2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not

required in order to meet other Project requirements but may offer advantage to

Contractor or Owner.

1.3 ACTION SUBMITTALS

A. Substitution Requests: Identify product or fabrication or installation method to be replaced.

Include Specification Section number and title and Drawing numbers and titles.

1. Substitution Request Form: Use form provided at the end of this Section. Other forms

are not acceptable.

2. Substitutions will not be considered when indicated on shop drawings or product data

submittals.

3. Substitutions will not be considered unless submitted through the General Contractor.

4. Additional studies, investigations, submittals, redesign and/or analysis by the

Architect/Engineer caused by requested substitution shall be paid for by the Contractor

at no expense to the Owner.

5. Only one request for substitution for each product will be considered. When

substitution is not acceptable to Architect/Engineer, provide specified product.

6. Architect/Engineer will determine the acceptability of all substitutions.

7. Documentation: Show compliance with requirements for substitutions and the

following, as applicable:

a. Statement indicating why specified product or fabrication or installation cannot

be provided, if applicable.

b. Coordination information, including a list of changes or revisions needed to other

parts of the Work and to construction performed by Owner and separate

contractors that will be necessary to accommodate proposed substitution.

c. Detailed comparison of significant qualities of proposed substitution with those

of the Work specified. Include annotated copy of applicable Specification

Section. Significant qualities may include attributes such as performance,

weight, size, durability, visual effect, sustainable design characteristics,



Charlottesville, VA




warranties, and specific features and requirements indicated. Indicate deviations,

if any, from the Work specified.

d. Product Data, including drawings and descriptions of products and fabrication

and installation procedures.

e. Samples, where applicable or requested.

f. Certificates and qualification data, where applicable or requested.

g. List of similar installations for completed projects with project names and

addresses and names and addresses of architects and owners.

h. Material test reports from a qualified testing agency indicating and interpreting

test results for compliance with requirements indicated.

i. Research reports evidencing compliance with building code in effect for Project,

from ICC-ES.

j. Detailed comparison of Contractor's construction schedule using proposed

substitution with products specified for the Work, including effect on the overall

Contract Time. If specified product or method of construction cannot be

provided within the Contract Time, include letter from manufacturer, on

manufacturer's letterhead, stating date of receipt of purchase order, lack of

availability, or delays in delivery.

k. Cost information, including a proposal of change, if any, in the Contract Sum.

l. Contractor's certification that proposed substitution complies with requirements

in the Contract Documents except as indicated in substitution request, is

compatible with related materials, and is appropriate for applications indicated.

m. Contractor's waiver of rights to additional payment or time that may subsequently

become necessary because of failure of proposed substitution to produce

indicated results.

8. Architect's Action: If necessary, Architect will request additional information or

documentation for evaluation within seven working days of receipt of a request for

substitution. Architect will notify Contractor of acceptance or rejection of proposed

substitution within seven working days of receipt of request.

a. Forms of Acceptance: Change Order, Construction Change Directive, or

Architect's Supplemental Instructions for minor changes in the Work.

b. Use product specified if Architect does not issue a decision on use of a proposed

substitution within time allocated.

1.4 QUALITY ASSURANCE

A. Compatibility of Substitutions: Investigate and document compatibility of proposed

substitution with related products and materials. Engage a qualified testing agency to perform

compatibility tests recommended by manufacturers.

1.5 PROCEDURES

A. Coordination: Revise or adjust affected work as necessary to integrate work of the approved

substitutions.



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PART 2 - PRODUCTS

2.1 SUBSTITUTIONS

A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need

for change, but not later than 15 working days prior to time required for preparation and

review of related submittals.

1. Conditions: Architect will consider Contractor's request for substitution when the

following conditions are satisfied. If the following conditions are not satisfied,

Architect will return requests without action, except to record noncompliance with these

requirements:

a. Requested substitution is consistent with the Contract Documents and will

produce indicated results.

b. Substitution request is fully documented and properly submitted.

c. Requested substitution will not adversely affect Contractor's construction

schedule.

d. Requested substitution has received necessary approvals of authorities having

jurisdiction.

e. Requested substitution is compatible with other portions of the Work.

f. Requested substitution has been coordinated with other portions of the Work.

g. Requested substitution provides specified warranty.

h. If requested substitution involves more than one contractor, requested

substitution has been coordinated with other portions of the Work, is uniform and

consistent, is compatible with other products, and is acceptable to all contractors

involved.

B. Substitutions for Convenience: Not allowed, unless otherwise indicated.


END OF SECTION




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This form must be completely filled in with all relevant data and submitted via General Contractor to Architect/Engineer.

Modifications to this form are not permitted. Modified forms will be returned without review.

REFERENCE DATA

Architect's / Engineer's Project No.: <Insert project no.> Date of Request:

Project Title: <Insert title and location of project>

SUBMITTED BY

Firm:

Address:

Name and Title of Person Signing:

Signature: Date:

Telephone Number:

SUBSTITUTION REQUEST DATA SUBSTITUTION REQUESTED IS FOR: Reason for request: □ Named product (manufacturer/model)

□ Product type, material, finish or formulation.

□ Fabrication or installation methods.

SPECIFIED ITEM IS INDICATED IN THE FOLLOWING DOCUMENTS: Specification Section No. Page and Paragraph:

Drawing (List all Drawings affected) No.

COST/BENEFIT ANALYSIS

Describe in detail alteration to other parts of the Project required by use of requested substitution:

Total net cost of any other required alterations, including overhead and profit: $

Cost of Contractor's administration: $

Total cost savings: $

Total cost/benefit to Owner: $

Benefits to Owner other than financial:

ADDITIONAL INFORMATION REQUIRED

COMPLETE THE REVERSE SIDE AND ATTACH THE FOLLOWING INFORMATION:

1. Manufacturer’s technical data sheets on proposed products.

2. Manufacturer’s standard form of warranty.

3. Letter on manufacturer’s letterhead stating that manufacturer will warrant products as specified.

Request for Substitution

Reviewed August 1, 2007

COMPARISON OF PRODUCTS

Fill in the following blanks as applicable to the product, material or method. As a guide, if an item is indicated in the Specification as

a performance or materials requirement, corresponding information about the proposed substitution is required to facilitate evaluation

of the proposed substitution. Requests lacking relevant information will be rejected. The burden of proof of the merit of the proposed

substitution is upon the submitter:

SPECIFIED PRODUCT, MATERIAL OR METHOD PROPOSED SUBSTITUTION Description: Description:

Product Name: Product Name:

Type: Type:

Model No: Model No:

Fire rating (hours): Fire rating (hours):

Thickness: Thickness:

Composition: Composition:

Availability (time): Availability (time):

Country of manufacture: Country of manufacture:

Substrate preparation required: Substrate preparation required:

Length of warranty (years): Length of warranty (years):

Length of finish warranty (years): Length of finish warranty (years):

Extended warranty available? Extended warranty available?

□ No □ Yes Number of Years □ No □ Yes Number of Years

Sound transfer coefficient (STC): Sound transfer coefficient (STC):

Resistance to chemicals, if specified (list): Resistance to chemicals, if specified (list):

Other specified performance criteria (list): Other specified performance criteria (list):

GENERAL CONTRACTOR'S REVIEW

I certify that I have checked the above documentation for the proposed Request for Substitution and warrant it to be substantially

complete and accurate. I further certify that all other trades affected by the proposed substitution have been consulted and related

material and labor costs have been addressed.

Name and Title of Person Signing:

Signature: Date:

ARCHITECT / ENGINEER'S ACTION

□ Accepted – Make submittals in accordance with product specification and Division 01 Section "Submittal Procedures".

□ Accepted as Noted – Make submittals in accordance with product specification and Division 01 Section "Submittal Procedures".

□ Rejected – Use specified product/materials.

□ Received too late – use specified product/materials.

Signature Date:

Remarks:



Charlottesville, VA


CONTRACT MODIFICATION PROCEDURES


PART 1 - GENERAL

1.1 SUMMARY


1. Minor changes in the Work.

2. Change Orders.

3. Construction Change Directives.


1. Section 01 2500: Substitution requests made after Contract award.

C. The Architect shall not be responsible for changes from requirements in the Contract

Documents directed by the Owner or made by the Contractor without the Architect’s approval,

including product substitutions.

1.2 MINOR CHANGES IN THE WORK

A. Architect will issue supplemental instructions authorizing minor changes in the Work that do

not involve adjustment to Contract Sum or Contract Time, on AIA Document G710,

"Architect's Supplemental Instructions".

1.3 PROPOSAL REQUESTS

A. Owner-Initiated Proposal Requests: Architect will issue detailed description of proposed

changes in the Work that may require adjustment to Contract Sum or Contract Time.

1. Work Change Proposal Requests issued by Architect are not instructions either to stop

work in progress or to execute the proposed change.

2. Within time specified in Proposal Request after receipt of Proposal Request, submit

quotation estimating cost adjustments to Contract Sum and Contract Time necessary to

execute the change.

a. Include list of quantities of products required or eliminated and unit costs, with

total amount of purchases and credits to be made. If requested, furnish survey data

to substantiate quantities.

b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade

discounts.

c. Include costs of labor and supervision directly attributable to the change.

d. Include an updated Contractor's construction schedule that indicates the effect of

the change, including, but not limited to, changes in activity duration, start and

finish times, and activity relationship. Use available total float before requesting

an extension of the Contract Time.

B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the

Contract, Contractor may initiate a claim by submitting a request for a change to Architect.

1. Submit proposed change request within 15 days after becoming aware of unforeseen

conditions.

2. Include statement outlining reasons for the change and effect of the change on the Work.

Provide complete description of the proposed change. Indicate effect of proposed change

on the Contract Sum and the Contract Time.



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CONTRACT MODIFICATION PROCEDURES


3. Include list of quantities of products required or eliminated and unit costs, with total

amount of purchases and credits to be made. If requested, furnish survey data to

substantiate quantities.

4. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade

discounts.

5. Include costs of labor and supervision directly attributable to the change.

6. Comply with requirements in Section 01 2500 if proposed change requires Substitutions

of products or systems from those specified.

7. Proposal Request Form: AIA Document G709 for Proposal Requests.

1.4 ADMINISTRATIVE CHANGE ORDERS

A. Allowance Adjustment: See Section 01 2100 for administrative procedures for preparation of

Change Order Proposal for adjusting Contract Sum to reflect actual costs of Allowances.

B. Unit Price Adjustment: See Section 01 2200 for administrative procedures for preparation of

Change Order Proposal for adjusting the Contract Sum to reflect measured scope of unit-price

work.

1.5 CHANGE ORDER PROCEDURES

A. On Owner's approval of a Work Changes Proposal Request, Architect will issue a Change Order

for signatures of Owner and Contractor on AIA Document G701.

1.6 CONSTRUCTION CHANGE DIRECTIVE

A. Construction Change Directive: Architect may issue a Construction Change Directive on

AIA Document G714 Construction Change Directive instructs Contractor to proceed with a

change in the Work, for subsequent inclusion in a Change Order.

1. Construction Change Directive contains a complete description of change in the Work. It

also designates method to be followed to determine change in the Contract Sum or the

Contract Time.

B. Documentation: Maintain detailed records on a time and material basis of work required by the

Construction Change Directive.

1. After completion of change, submit an itemized account and supporting data necessary to

substantiate cost and time adjustments to the Contract.



END OF SECTION



Charlottesville, VA


PAYMENT PROCEDURES


PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes: Administrative and procedural requirements for preparing and processing

Applications for Payment.


1. Section 01 2100: Procedural requirements governing handling and processing of

Allowances.

2. Section 01 2200: Administrative requirements governing use of Unit Prices.

3. Section 01 2600: Administrative procedures for handling changes to the Contract.

1.2 DEFINITIONS

A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract

Sum to various portions of the Work and used as the basis for reviewing Contractor's


1.3 SCHEDULE OF VALUES

A. Coordination: Coordinate preparation of the Schedule of Values with preparation of

Contractor's construction schedule.

1. Coordinate line items in the Schedule of Values with other required administrative forms

and schedules, including the following:

a. Application for Payment forms with continuation sheets.

b. Submittal schedule.

c. Items required to be indicated as separate activities in Contractor's construction

schedule.

2. Submit the Schedule of Values to Architect at earliest possible date, but no later than 10

days before the date scheduled for submittal of initial Applications for Payment.

3. Subschedules for Phased Work: Where the Work is separated into phases requiring

separately phased payments, provide subschedules showing values coordinated with each

phase of payment.

4. Subschedules for Work Packages: Where Contract Documents are issued in more than

one Work Package, provide subschedules showing values coordinated with each Work

Package.

B. Format and Content: Use Project Manual table of contents as a guide to establish line items for

the Schedule of Values. Provide at least one line item for each Specification Section.

1. Identification: Include the following Project identification on the Schedule of Values:

a. Project name and location.

b. Name of Architect.

c. Architect's project number.

d. Contractor's name and address.

e. Date of submittal.

2. Arrange Schedule of Values consistent with format of AIA Document G703

a. Related Specification Section or Division.

b. Description of the Work.


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SECTION NAME


c. Name of subcontractor.

d. Name of manufacturer or fabricator.

e. Name of supplier.

f. Change Orders (numbers) that affect value.

g. Dollar value of the following, as a percentage of the Contract Sum to nearest one-

hundredth percent, adjusted to total 100 percent.

1) Labor.

2) Materials.

3) Equipment.

3. Allowances: Provide separate line item in Schedule of Values for each allowance. Show

line-item value of unit-cost allowances, as product of the unit cost, multiplied by

measured quantity. Use information indicated in Contract Documents to determine

quantities.

4. Purchase Contracts: Provide separate line item in Schedule of Values for each purchase

contract. Show line-item value of purchase contract. Indicate owner payments or

deposits, if any, and balance to be paid by Contractor.

5. Each item in the Schedule of Values and Applications for Payment shall be complete.

Include total cost and proportionate share of general overhead and profit for each item.

a. Temporary facilities and other major cost items that are not direct cost of actual

work-in-place may be shown either as separate line items in the Schedule of

Values or distributed as general overhead expense, at Contractor's option.

1.4 APPLICATIONS FOR PAYMENT

A. Each Application for Payment following the initial Application for Payment shall be consistent

with previous applications and payments as certified by Architect and paid for by Owner.

1. Initial Application for Payment, Application for Payment at time of Substantial

Completion, and final Application for Payment involve additional requirements.

B. Payment Application Times: The date for each progress payment is indicated in the Agreement

between Owner and Contractor. The period of construction work covered by each Application

for Payment is the period indicated in the Agreement.

1. Submit PDF copy of draft Application for Payment seven days before due date for review

by Architect.

C. Application for Payment Forms: Use forms provided by Owner for Applications for Payment.

Sample copies are included in Project Manual.

D. Application Preparation: Complete every entry on form. Notarize and execute by a person

authorized to sign legal documents on behalf of Contractor. Architect will return incomplete

applications without action.

1. Entries shall match data on the Schedule of Values and Contractor's construction

schedule. Use updated schedules if revisions were made.

2. Include amounts for work completed following previous Application for Payment,

whether or not payment has been received. Include only amounts for work completed at

time of Application for Payment.

3. Include amounts of Change Orders and Construction Change Directives issued before last

day of construction period covered by application.


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PAYMENT PROCEDURES


4. Indicate separate amounts for work being carried out under Owner-requested project

acceleration.

E. Stored Materials: Include in Application for Payment amounts applied for materials or

equipment purchased or fabricated and stored, but not yet installed. Differentiate between items

stored on-site and items stored off-site.

1. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of

surety to payment, for stored materials.

2. Provide supporting documentation that verifies amount requested, such as paid invoices.

Match amount requested with amounts indicated on documentation; do not include

overhead and profit on stored materials.

3. Provide summary documentation for stored materials indicating the following:

a. Value of materials previously stored and remaining stored as of date of previous


b. Value of previously stored materials put in place after date of previous Application

for Payment and on or before date of current Application for Payment.

c. Value of materials stored since date of previous Application for Payment and

remaining stored as of date of current Application for Payment.

F. Transmittal: Submit three signed and notarized original copies of each Application for Payment

to Architect by method ensuring receipt 24. One copy shall include waivers of lien and similar

attachments if required.

1. Transmit each copy with a transmittal form listing attachments and recording appropriate

information about application.

G. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's

lien from entities lawfully entitled to file a mechanic's lien arising out of the Contract and

related to the Work covered by the payment.

1. Submit partial waivers on each item for amount requested in previous application, after

deduction for retainage, on each item.

2. When an application shows completion of an item, submit conditional final or full

waivers.

3. Owner reserves the right to designate which entities involved in the Work must submit

waivers.

4. Waiver Forms: Submit executed waivers of lien on forms acceptable to Owner.

5. When an application shows completion of an item, submit conditional final or full

waivers.

6. Owner reserves the right to designate which entities involved in the Work must submit

waivers.

7. Submit final Application for Payment with or preceded by conditional final waivers from

every entity involved with performance of the Work covered by the application who is

lawfully entitled to a lien.

8. Waiver Forms: Submit executed waivers of lien on forms, acceptable to Owner.

H. Initial Application for Payment: Administrative actions and submittals that must precede or

coincide with submittal of first Application for Payment include the following:

1. List of subcontractors.

2. Schedule of values.

3. Contractor's construction schedule (preliminary if not final).


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SECTION NAME


4. Combined Contractor's construction schedule (preliminary if not final) incorporating

Work of multiple contracts, with indication of acceptance of schedule by each Contractor.

5. Products list (preliminary if not final).

6. Schedule of unit prices.

7. Submittal schedule (preliminary if not final).

8. List of Contractor's principal consultants.

9. Copies of building permits.

10. Copies of authorizations and licenses from authorities having jurisdiction for

performance of the Work.

11. Initial progress report.

12. Report of preconstruction conference.

1. Cashflow projection.

I. Application for Payment at Substantial Completion: After Architect issues Certificate of

Substantial Completion, submit Application for Payment showing 100 percent completion for

portion of the Work claimed as substantially complete.

1. Include documentation supporting claim that the Work is substantially complete and a

statement showing an accounting of changes to the Contract Sum.

2. This application shall reflect Certificates of Substantial Completion issued previously for

Owner occupancy of designated portions of the Work.

J. Final Payment Application: After completing Project closeout requirements, submit final

Application for Payment with releases and supporting documentation not previously submitted

and accepted, including the following items.

1. Evidence of completion of Project closeout requirements.

2. Insurance certificates for products and completed operations where required and proof

that taxes, fees, and similar obligations were paid.

3. Updated final statement, accounting for final changes to the Contract Sum.

4. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims."

5. AIA Document G706A, "Contractor's Affidavit of Release of Liens."

6. AIA Document G707, "Consent of Surety to Final Payment."



END OF SECTION



Charlottesville, VA


PROJECT MANAGEMENT AND COORDINATION


PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative provisions for coordinating construction operations on Project

including, but not limited to, the following:

1. General coordination procedures.

2. Coordination drawings.

3. Requests for Information/Interpretation (RFIs).

4. Project Web site.

5. Project meetings.


1. Section 01 7300: Procedures for coordinating general installation and field-engineering

services, including establishment of benchmarks and control points.

2. Section 01 7700: Procedures for coordinating closeout of the Contract.

3. Section 01 9113: Procedures for coordinating the Work with Owner's Commissioning

Authority.

1.2 INFORMATIONAL SUBMITTALS

A. Subcontract List: Prepare written summary identifying individuals or firms proposed for each

portion of the Work, including those who are to furnish products or equipment fabricated to a

special design. Include the following information in tabular form:

1. Name, address, and telephone number of entity performing subcontract or supplying

products.

2. Number and title of related Specification Sections covered by subcontract.

3. Drawing number and detail references, as appropriate, covered by subcontract.

B. Key Personnel Names: Within 10 working days of starting construction operations, submit a list

of key personnel assignments, including superintendent and other personnel in attendance at

Project site. Identify individuals and their duties and responsibilities; list addresses and

telephone numbers, including home, office, and cellular telephone numbers and e-mail

addresses. Provide names, addresses, and telephone numbers of individuals assigned as

alternates in the absence of individuals assigned to Project.

1.3 GENERAL COORDINATION PROCEDURES

A. Prepare memoranda for distribution to each party involved, outlining special procedures

required for coordination. Include such items as required notices, reports, and list of attendees at

meetings.


Charlottesville, VA




B. Administrative Procedures: Coordinate scheduling and timing of required administrative

procedures with other construction activities to avoid conflicts and to ensure orderly progress of

the Work. Such administrative activities include, but are not limited to, the following:

1. Preparation of Contractor's construction schedule.

2. Preparation of the schedule of values.

3. Installation and removal of temporary facilities and controls.

4. Delivery and processing of submittals.

5. Progress meetings.

6. Preinstallation conferences.

7. Project closeout activities.

8. Startup and adjustment of systems.

9. Salvage materials and equipment involved in performance of, but not actually

incorporated into, the Work. See other Sections for disposition of salvaged materials that

are designated as Owner's property.

1.4 COORDINATION

A. Coordinate scheduling, submittals, and Work of various Specification sections and Drawing

notes to ensure efficient and orderly sequence of installation of interdependent construction

elements.

B. Coordinate selection of products specified in different Specification sections for compatibility.

Compatibility among Contractor's options is not assured by listed manufacturers or products in

the Specifications or Drawings, but must be provided by the Contractor.

C. Verify that utility requirements and characteristics of operating equipment are compatible with

building utilities.

D. Coordinate construction operations for efficient and orderly installation of each part of the

Work. Coordinate construction operations for Work specified in different Sections that depend

on each other for proper installation, connection, and operation. Lay out Work to provide

required headroom and width in egress paths.

E. Coordination of installation location and sequence between elements of the Work is a basic

Contract requirement. Locations of concealed elements shown on Drawings that connect to

exposed elements are intended only as diagrams; final locations are the responsibility of the

Contractor within Contract requirements.

F. Locations of access panels shown on Drawings are intended only diagrammatically. Locate

access panels to provide convenient and direct location to concealed controls and equipment.

G. Coordinate horizontal and vertical space requirements, support sizes and locations, and

installation of Work indicated diagrammatically on Drawings, including concealed spaces.

Route concealed pipes, ducts, conduit, and similar items in orderly manner with long

dimensions parallel to column grid lines where possible.

H. Coordinate locations of concealed framing, blocking, and other supports with manufacturer

requirements for support and anchorage.


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I. Utilize spaces efficiently to maximize accessibility for subsequent Work, for maintenance, for

repairs, and to permit removal and replacement.

J. Coordinate equipment locations and utility supplies to such locations with manufacturer product

information for operational clearances and for maintenance access.

K. In finished areas, except as otherwise indicated, conceal pipes, ducts, and wiring within

construction. Coordinate locations of fixtures and outlets with finish elements.

L. Coordinate enclosure of Work with required inspections and tests to minimize need for

uncovering Work for those purposes.

M. Coordinate completion and clean-up of Work of separate sections in preparation for Substantial

Completion and for portions of Work designated for Owner's partial occupancy.

N. Preparation of coordination drawings for work of different trades is Contractor’s option. Such

drawings will not be reviewed by the Architect.

1.5 COORDINATION DRAWINGS

1.6 REQUESTS FOR INFORMATION OR INTERPRETATION (RFIs)

A. RFIs will be accepted and processed by the Architect only on Contract Documents prepared by

the Architect or its consultants that are sealed and have been issued for construction.

1. Requests for information or interpretation of preliminary drawings or specifications shall

be made by normal correspondences, not by RFI. Architect’s responses to such requests

do not constitute Contract requirements for the Work.

B. Owner Documents: Requests for information or interpretation of Owner-prepared Contract

Documents shall be made by normal correspondence, not by RFI. Owner is responsible for

responding to such requests. Provide contemporaneous copies to Architect.

C. Immediately on discovery of the need for additional information or interpretation of the

Contract Documents, Contractor shall prepare and submit an RFI in the form specified.

1. Architect will return RFIs submitted to Architect by other entities controlled by

Contractor with no response.

2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's

work or work of subcontractors.

D. Submission of an RFI constitutes representation that the Contractor requires additional

information about the Contract Documents after having made careful study and comparison of

the Contract Documents, field conditions, other Owner-provided information,

Contractor-prepared coordination drawings, and prior project correspondence or documentation.

E. If upon evaluation of the RFI the Architect finds that the requested information is contained in

the Contract Documents or by other documents and/or methods as outlined in paragraph above,


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the Owner has the option to obtain reimbursement from the Contractor for costs incurred by the

Owner for the Architect's services and expenses made necessary in answering such requests.

F. Content of the RFI: Include detailed, legible description of item needing information or

interpretation and the following:

1. Project name.

2. Project number.

3. Date.

4. Name of Contractor.

5. Name of Architect.

6. RFI number, numbered sequentially.

7. RFI subject.

8. Specification Section number and title and related paragraphs, as appropriate.

9. Drawing number and detail references, as appropriate.

10. Field dimensions and conditions, as appropriate.

11. Contractor's suggested resolution. If Contractor's suggested resolution impacts the

Contract Time or the Contract Sum, Contractor shall state impact in the RFI.

12. Contractor's signature.

13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop

Drawings, coordination drawings, and other information necessary to fully describe items

needing interpretation.

a. Include dimensions, thicknesses, structural grid references, and details of affected

materials, assemblies, and attachments on attached sketches.

G. RFI Submission: RFIs shall be submitted in electronic form using the Architect’s InfoExchange

internet site. Paper RFIs, e-mail, faxes, and other media are not acceptable and will be returned

without action.

1. At the beginning of the Project, the Architect will set up accounts for Contractor’s

authorized personnel, including log-in information and passwords. Users will be able to

change passwords after logging in for the first time.

2. Complete the form provided by the InfoExchange software in full. Forms with boxes that

are blank will not be processed.

3. In the box marked “Question”, insert the text of the request together with Contractor’s

suggested resolution and other pertinent information.

4. Sketches, diagrams, product data sheets, and other supplementary information may be

attached to the form as PDF electronic files, but the actual text of the request must be

entered into the form. Forms that have “See attached document” or language of similar

import in the Question box will be not be processed.

5. Web Address: http://infox.gspnet.com/userweb/login/login.aspx.

H. Architect's Action: Architect will review each RFI, determine action required, and respond.

Allow at least five working days for Architect's response for each RFI. RFIs received by

Architect after 1:00 p.m. will be considered as received the following working day.

1. The following Contractor-generated RFIs will be returned without action:

a. Requests for approval of submittals.

b. Requests for approval of substitutions.

c. Requests for approval of Contractor's means and methods.

d. Requests for coordination information already indicated in the Contract

Documents.


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e. Requests for adjustments in the Contract Time or the Contract Sum.

f. Requests for interpretation of Architect's actions on submittals.

g. Incomplete RFIs or inaccurately prepared RFIs.

2. Architect's action may include request for additional information or clarification, in

which case Architect's time for response will date from time of receipt of additional

information or clarification from Contractor.

3. Architect's action on RFIs that may result in a change to the Contract Time or the

Contract Sum may be eligible for Contractor to submit Change Proposal according to

Section 01 2600.

a. If Contractor believes the RFI response warrants change in the Contract Time or

the Contract Sum, notify Architect in writing within three working days of receipt

of the RFI response.

I. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response

to affected parties. Review response and notify Architect within three working days if

Contractor disagrees with response.

J. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by RFI number.

Submit copies of log at Owner-Architect-Contractor meetings.

1. Project name.

2. Name and address of Contractor.

3. Name and address of Architect.

4. RFI number including RFIs that were returned without action or withdrawn.

5. RFI description.

6. Date the RFI was submitted.

7. Date Architect's response was received.

1.7 PROJECT WEB SITE

A. Use Architect's Project Web site for purposes of hosting and managing project communication

and documentation until Final Completion. Project Web site shall include the following

functions:

1. Project directory.

2. Project correspondence.

3. Meeting minutes.

4. Contract modifications forms and logs.

5. RFI forms and logs.

6. Task and issue management.

7. Photo documentation.

8. Schedule and calendar management.

9. Submittals forms and logs.

10. Payment application forms.

11. Drawing and specification document hosting, viewing, and updating.

12. Online document collaboration.

13. Reminder and tracking functions.

14. Archiving functions.


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1.8 PROJECT MEETINGS

A. General: Schedule and conduct meetings and conferences at Project site unless otherwise

indicated.

1. Attendees: Inform participants and others involved, and individuals whose presence is

required, of date and time of each meeting. Notify Owner and Architect of scheduled

meeting dates and times.

2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees.

3. Minutes: Entity responsible for conducting meeting will record significant discussions

and agreements achieved. Distribute the meeting minutes to everyone concerned,

including Owner and Architect, within three working days of the meeting.

B. Preconstruction Conference: Schedule and conduct preconstruction conference before starting

construction, at a time convenient to Owner and Architect, but not later than 15 working days

after execution of the Agreement.

1. Conduct the conference to review responsibilities and personnel assignments.

2. Attendees: Authorized representatives of Owner, Architect, and their consultants;

Contractor and its superintendent; major subcontractors; suppliers; and other concerned

parties shall attend the conference. Participants at the conference shall be familiar with

Project and authorized to conclude matters relating to the Work.

3. Record and distribute meeting minutes.

4. Agenda: Discuss items of significance that could affect progress.

a. Tentative construction schedule.

b. Phasing.

c. Critical work sequencing and long-lead items.

d. Designation of key personnel and their duties.

e. Lines of communications.

f. Procedures for processing field decisions and Change Orders.

g. Procedures for RFIs.

h. Procedures for testing and inspecting.

i. Procedures for processing Applications for Payment.

j. Distribution of the Contract Documents.

k. Submittal procedures.

l. Preparation of record documents.

m. Use of the premises and existing building.

n. Work restrictions.

o. Working hours.

p. Owner's occupancy requirements.

q. Responsibility for temporary facilities and controls.

r. Procedures for moisture and mold control.

s. Procedures for disruptions and shutdowns.

t. Construction waste management and recycling.

u. Parking availability.

v. Office, work, and storage areas.

w. Equipment deliveries and priorities.

x. First aid.

y. Security.

z. Progress cleaning.


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C. Progress Meetings: Conduct progress meetings at biweekly intervals.

1. Coordinate dates of meetings with preparation of payment requests.

2. Attendees: In addition to representatives of Owner, and Architect, each contractor,

subcontractor, supplier, and other entity concerned with current progress or involved in

planning, coordination, or performance of future activities shall be represented at these

meetings. All participants at the meeting shall be familiar with Project and authorized to

conclude matters relating to the Work.

3. Agenda: Review and correct or approve minutes of previous progress meeting. Review

other items of significance that could affect progress. Include topics for discussion as

appropriate to status of Project.

a. Contractor's Construction Schedule: Review progress since the last meeting.

Determine whether each activity is on time, ahead of schedule, or behind schedule,

in relation to Contractor's construction schedule. Determine how construction

behind schedule will be expedited; secure commitments from parties involved to

do so. Discuss whether schedule revisions are required to ensure that current and

subsequent activities will be completed within the Contract Time.

1) Review schedule for next period.

b. Review present and future needs of each entity present, including the following:

1) Interface requirements.

2) Sequence of operations.

3) Status of submittals.

4) Deliveries.

5) Off-site fabrication.

6) Access.

7) Site utilization.

8) Temporary facilities and controls.

9) Progress cleaning.

10) Quality and work standards.

11) Status of correction of deficient items.

12) Field observations.

13) Status of RFIs.

14) Status of proposal requests.

15) Pending changes.

16) Status of Change Orders.

17) Pending claims and disputes.

18) Documentation of information for payment requests.

4. Minutes: Record and distribute the meeting minutes to each party present and to parties

requiring information.

a. Schedule Updating: Revise Contractor's construction schedule after each progress

meeting where revisions to the schedule have been made or recognized. Issue

revised schedule concurrently with the report of each meeting.


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END OF SECTION

©2014 Gresham, Smith and Partners. All rights reserved. Use subject to any written agreement with Gresham, Smith and Partners


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CONSTRUCTION PROGRESS DOCUMENTATION


PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes Administrative and procedural requirements for documenting the progress of

construction during performance of the Work.

1. Startup construction schedule.

2. Contractor's construction schedule.

3. Construction schedule updating reports.

4. Daily construction reports.

5. Material location reports.

6. Site condition reports.

7. Special reports.


1. Section 01 4000: Quality Requirements.


A. Format for Submittals: PDF electronic file.

B. Startup construction schedule.

1. Approval of cost-loaded, startup construction schedule will not constitute approval of

schedule of values for cost-loaded activities.

C. Contractor's Construction Schedule: Initial schedule, of size required to display entire schedule

for entire construction period.

D. Construction Schedule Updating Reports: Submit with Applications for Payment.

E. Daily Construction Reports: Submit at weekly intervals.

1.3 COORDINATION

A. Coordinate Contractor's construction schedule with the schedule of values, submittal schedule,

progress reports, payment requests, and other required schedules and reports.

1. Secure time commitments for performing critical elements of the Work from entities

involved.

2. Coordinate each construction activity in the network with other activities and schedule

them in proper sequence.

PART 2 - PRODUCTS

2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL

A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of final

completion.


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1. Contract completion date shall not be changed by submission of a schedule that shows an

early completion date, unless specifically authorized by Change Order.

B. Activities: Treat each story or separate area as a separate numbered activity for each main

element of the Work.

C. Constraints: Include constraints and work restrictions indicated in the Contract Documents and

as follows in schedule, and show how sequence of the Work is affected.

1. Phasing: Arrange list of activities on schedule by phase.

2. Work Restrictions: Show the effect of the following items on the schedule.

a. Coordination with existing construction.

b. Limitations of continued occupancies.

c. Uninterruptible services.

d. Partial occupancy before Substantial Completion.

e. Use of premises restrictions.

f. Provisions for future construction.

g. Seasonal variations.

h. Environmental control.

3. Work Stages: Indicate important stages of construction for each major portion of the

Work.

a. Subcontract awards.

b. Submittals.

c. Purchases.

d. Mockups.

e. Fabrication.

f. Sample testing.

g. Deliveries.

h. Installation.

i. Tests and inspections.

j. Adjusting.

k. Curing.

l. .

4. Construction Areas: Identify each major area of construction for each major portion of

the Work. Indicate where each construction activity within a major area must be

sequenced or integrated with other construction activities to provide for the following

items.

a. Structural completion.

b. Temporary enclosure and space conditioning.

c. Permanent space enclosure.

d. Completion of mechanical installation.

e. Completion of electrical installation.

f. Substantial Completion.

D. Upcoming Work Summary: Prepare summary report indicating activities scheduled to occur or

commence before submittal of next schedule update. Summarize the following issues:

1. Unresolved issues.

2. Unanswered Requests for Information.

3. Rejected or unreturned submittals.

4. Notations on returned submittals.


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5. Pending modifications affecting the Work and Contract Time.

E. Recovery Schedule: When periodic update indicates the Work is 14 or more calendar days

behind the current approved schedule, submit separate recovery schedule indicating means by

which Contractor intends to regain compliance with the schedule. Indicate changes to working

hours, working days, crew sizes, and equipment required to achieve compliance, and date by

which recovery will be accomplished.

2.2 CONTRACTOR'S CONSTRUCTION SCHEDULE (GANTT CHART)

A. Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal, Gantt-chart-type,

Contractor's construction schedule within 10 working days of date established for the Notice to

Proceed. Base schedule on the startup construction schedule and additional information received

since the start of Project.

B. Preparation: Indicate each significant construction activity separately. Identify first workday of

each week with a continuous vertical line.

1. For construction activities that require three months or longer to complete, indicate an

estimated completion percentage in 10 percent increments within time bar.

2.3 REPORTS

A. Daily Construction Reports: Prepare a daily construction report recording the following

information concerning events at Project site:

1. List of subcontractors at Project site.

2. List of separate contractors at Project site.

3. Approximate count of personnel at Project site.

4. Equipment at Project site.

5. Material deliveries.

6. High and low temperatures and general weather conditions, including presence of rain or

snow.

7. Accidents.

8. Meetings and significant decisions.

9. Unusual events (see special reports).

10. Stoppages, delays, shortages, and losses.

11. Meter readings and similar recordings.

12. Emergency procedures.

13. Orders and requests of authorities having jurisdiction.

14. Change Orders received and implemented.

15. Construction Change Directives received and implemented.

16. Services connected and disconnected.

17. Equipment or system tests and startups.

18. Partial completions and occupancies.

19. Substantial Completions authorized.

B. Site Condition Reports: Immediately on discovery of a difference between site conditions and

the Contract Documents, prepare and submit a detailed report. Submit with a Request for

Information. Include a detailed description of the differing conditions, together with

recommendations for changing the Contract Documents.


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2.4 SPECIAL REPORTS

A. Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project

site, whether or not related directly to the Work, prepare and submit a special report. List chain

of events, persons participating, response by Contractor's personnel, evaluation of results or

effects, and similar pertinent information. Advise Owner in advance when these events are

known or predictable.

PART 3 - EXECUTION

3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE

A. Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect

actual construction progress and activities. Issue schedule one week before each regularly

scheduled progress meeting.

1. Revise schedule immediately after each meeting or other activity where revisions have

been recognized or made. Issue updated schedule concurrently with the report of each

such meeting.

2. Include a report with updated schedule that indicates every change, including, but not

limited to, changes in logic, durations, actual starts and finishes, and activity durations.

3. As the Work progresses, indicate final completion percentage for each activity.

B. Distribution: Distribute copies of approved schedule to Architect Owner, separate contractors,

testing and inspecting agencies, and other parties identified by Contractor with a need-to-know

schedule responsibility.

1. Post copies in Project meeting rooms and temporary field offices.

2. When revisions are made, distribute updated schedules to the same parties and post in the

same locations. Delete parties from distribution when they have completed their assigned

portion of the Work and are no longer involved in performance of construction activities.

END OF SECTION




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SUBMITTAL PROCEDURES


PART 1 - GENERAL

1.1 SUMMARY


1. Submittals schedule.

2. Administrative and procedural requirements for submitting Shop Drawings, Product

Data, Samples, and other submittals.

B. Related Sections:

1. Section 01 7823: Submission of operation and maintenance manuals.

2. Section 01 7839: Submission of record Drawings, record Specifications, and record

Product Data.

1.2 DEFINITIONS

A. Action Submittals: Written and graphic information and physical samples that require

Architect's responsive action. Action submittals are those submittals indicated in individual

Specification Sections as action submittals.

B. Informational Submittals: Written and graphic information and physical samples that do not

require Architect's responsive action. Submittals may be rejected for not complying with

requirements. Informational submittals are those submittals indicated in individual

Specification Sections as informational submittals. The Architect may designate portions of

Action Submittals as Informational Submittals at its discretion.

C. Portable Document Format (PDF): An open standard file format licensed by Adobe Systems

used for representing documents in a device-independent and display resolution-independent

fixed-layout document format.


A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates

required by construction schedule. Include time required for review, ordering, manufacturing,

fabrication, and delivery when establishing dates. Include additional time required for making

corrections or modifications to submittals noted by the Architect and additional time for

handling and reviewing submittals required by those corrections.

1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and

Contractor's construction schedule.

2. Initial Submittal: Submit concurrently with start-up construction schedule. Include

submittals required during the first 60 days of construction. List those submittals

required to maintain orderly progress of the Work and those required early because of

long lead time for manufacture or fabrication.

3. Final Submittal: Submit concurrently with the first complete submittal of Contractor's

construction schedule.

a. Submit revised submittal schedule to reflect changes in current status and timing

for submittals.

4. Format: Arrange the following information in tabular format.

a. Scheduled date for first submittal.



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b. Specification Section number and title.

c. Submittal category: Action, informational.

d. Name of subcontractor.

e. Description of the Work covered.

f. Scheduled date for Architect's final release or approval.

1.4 SUBMITTAL ADMINISTRATIVE REQUIREMENTS

A. Architect's Digital Data Files: Electronic copies of individual drawing files (not Construction

Documents) of the Contract Drawings will be provided by Architect for Contractor's use in

preparing submittals.

1. Architect will furnish Contractor one set of digital data drawing files requested in writing

by Contractor for use in preparing Shop Drawings and Project record drawings.

a. Architect makes no representations as to the accuracy or completeness of digital

data drawing files as they relate to the Contract Drawings.

b. Digital Drawing Software Program: The Contract Drawings are available in

AutoCAD (.dwg); Architect's standard software application and CAD or BIM file

conventions for the project.

c. Contractor shall execute a data licensing agreement in the form of AIA Document

C106, Digital Data Licensing Agreement.

B. Coordination: Coordinate preparation and processing of submittals with performance of

construction activities.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other

submittals, and related activities that require sequential activity.

2. Submit all submittal items required for each Specification Section concurrently unless

partial submittals for portions of the Work are indicated on approved submittal schedule.

3. Submit action submittals and informational submittals required by the same Specification

Section as separate packages under separate transmittals.

4. Coordinate transmittal of different types of submittals for related parts of the Work so

processing will not be delayed because of need to review submittals concurrently for

coordination.

C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows.

Time for review shall commence on Architect's receipt of submittal. Submittals received after 2

pm local time shall be deemed to be received on the following working day. No extension of

the Contract Time will be authorized because of failure to transmit submittals enough in

advance of the Work to permit processing, including resubmittals.

1. Initial Review: Allow at least 10 working days for initial review of each submittal.

Allow additional time if coordination with subsequent submittals is required. Architect

will advise Contractor when a submittal being processed must be delayed for

coordination or the size and complexity of the submittal.

2. Resubmittal Review: Allow at least 10 working days for review of each resubmittal.

D. Identification and Information: Place a permanent label or title block on each paper copy

submittal item for identification.

E. Options: Identify options requiring selection by the Architect.



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F. Deviations: Identify deviations from the Contract Documents on submittals.

G. Additional Paper Copies: Unless additional copies are required for final submittal, and unless

Architect observes noncompliance with provisions in the Contract Documents, initial submittal

may serve as final submittal.

H. Transmittals: Assemble each submittal individually and appropriately for transmittal and

handling. Transmit submittals for each specification section with a separate transmittal form.

Architect will discard submittals received from sources other than Contractor.

1. Transmittal Form for Electronic Submittals: Use software-generated form from electronic

project management software acceptable to Architect, containing the following

information:

a. Project name.

b. Date.

c. Name and address of Architect.

d. Name of Construction Manager.

e. Name of Contractor.

f. Name of firm or entity that prepared submittal.

g. Names of subcontractor, manufacturer, and supplier.

h. Specification Section number and title.

i. Related physical samples submitted directly.

j. Indication of full or partial submittal.

k. Transmittal number, numbered consecutively.

l. Submittal and transmittal distribution record.

I. Options: Identify options requiring selection by Architect.

J. Deviations and Additional Information: On an attached separate sheet, prepared on Contractor's

letterhead, record relevant information, requests for data, revisions other than those requested

by Architect on previous submittals, and deviations from requirements in the Contract

Documents, including minor variations and limitations. Include same identification information

as related submittal.

K. Resubmittals:

1. Note date and content of previous submittal.

2. Note date and content of revision in label or title block and clearly indicate extent of

revision.

3. Resubmit submittals until they are marked "Approved" or "Approved as Noted" by

Architect.

L. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers,

fabricators, installers, authorities having jurisdiction, and others as necessary for performance of

construction activities. Show distribution on transmittal forms.

M. Use for Construction: Retain complete copies of submittals on Project site. Use only final action

submittals that are marked with approval notation from Architect's action stamp.



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PART 2 - PRODUCTS

2.1 SUBMITTAL PROCEDURES

A. Transmit submittals for each specification section separately and as one group, regardless of the

number of installers or suppliers, unless otherwise permitted in writing by Architect.

B. General Submittal Procedure Requirements: Submit electronic files for action and informational

documents per the following requirements. The Architect will mark comments and apply its

review stamp electronically before returning the files to the Contractor. Contractor is

responsible for printing or otherwise distributing reviewed copies of submittals.

1. File Format: Portable document format [PDF] vector or scanned files; no other format is

acceptable. Files must include legible stamps and notations from Contractor’s review

indicating Contractor’s approval as required by the General Conditions. Submit all

documents of a given type of action submittal (Product Data or Shop Drawings) as single

files; individual files for separate brochures or drawing sheets are not acceptable.

2. Certifications: Where project-specific informational certifications are required by

individual Specification sections, Contractor shall scan the certification for submission

and place the certification with original signature in the project Record Documents.

3. Submittal Method: The Architect will provide access to Newforma document

management software without cost to Contractor. Contractor shall use the standard

transmittal forms provided by the Architect. Using e-mail or other proprietary software is

not acceptable.

C. Paper Copies of Shop Drawings: When requested by Architect or when requested by Contractor

and acceptable to Architect, Shop Drawings may be submitted for review. At the Architect’s

option, it may mark and return paper copies or scan copies to PDF files and return them

electronically.

1. The Architect’s review periods stated elsewhere in this Section do not include the time

required for returning reviewed paper Shop Drawings by post or courier service.

2. Submit three paper copies of each submittal, unless otherwise directed by Architect.

Architect will return one electronic PDF file or two paper copies.

D. Product Data: Collect information into a single submittal for each element of construction and

type of product or equipment.

1. If information must be specially prepared for submittal because standard published data

are not suitable for use, submit as Shop Drawings, not as Product Data.

2. Mark each copy of each submittal to show which products and options are applicable.

3. Include the following information, as applicable:

a. Manufacturer's catalog cuts.

b. Manufacturer's product specifications.

c. Standard color charts.

d. Statement of compliance with specified referenced standards.

e. Testing by recognized testing agency.

f. Application of testing agency labels and seals.

g. Notation of coordination requirements.

4. Submit Product Data before or concurrent with Samples.

5. Submit Product Data in the following format:



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a. Three paper copies of Product Data, unless otherwise indicated. Architect will

return one copy.

E. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base

Shop Drawings on reproductions of the Contract Documents or standard printed data.

F. Preparation: Fully illustrate requirements in the Contract Documents. Samples: Submit

Samples for review of kind, color, pattern, and texture for a check of these characteristics with

other elements and for a comparison of these characteristics between submittal and actual

component as delivered and installed.

1. Transmit Samples that contain multiple, related components such as accessories together

in one submittal package.

2. Identification: Attach label on unexposed side of Samples that includes the following:

3. Electronic Submittals: For projects where electronic submittals are required, provide

corresponding electronic submittal of Sample transmittal, digital image file illustrating

Sample characteristics, and identification information for record.

4. Disposition: Maintain sets of approved Samples at Project site, available for quality-

control comparisons throughout the course of construction activity. Sample sets may be

used to determine final acceptance of construction associated with each set.

a. Samples not incorporated into the Work, or otherwise designated as Owner's

property, are the property of Contractor.

5. Samples for Verification: Submit full-size units or Samples of size indicated, prepared

from same material to be used for the Work, cured and finished in manner specified, and

physically identical with material or product proposed for use, and that show full range of

color and texture variations expected. Samples include, but are not limited to, the

following: partial sections of manufactured or fabricated components; small cuts or

containers of materials; complete units of repetitively used materials; swatches showing

color, texture, and pattern; color range sets; and components used for independent testing

and inspection.

a. Number of Samples: Submit three sets of Samples. Architect will retain one

Sample set; remainder will be returned.

1) Submit a single Sample where assembly details, workmanship, fabrication

techniques, connections, operation, and other similar characteristics are to

be demonstrated.

2) If variation in color, pattern, texture, or other characteristic is inherent in

material or product represented by a Sample, submit at least three sets of

paired units that show approximate limits of variations.

G. Coordination Drawings: Comply with requirements specified in Section 01 3100.

H. Contractor's Construction Schedule: Comply with requirements specified in Section 01 3200.

I. Applications for Payment and Schedule of Values: Comply with requirements specified in

Section 01 2900.

J. Test and Inspection Reports and Schedule of Tests and Inspections Submittals: Comply with

requirements specified in Section 01 4000.



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K. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified

in Section 01 7700.

L. Maintenance Data: Comply with requirements specified in Section 01 7823.

M. Subcontract List: Prepare written summary identifying individuals or firms proposed for each

portion of the Work, including those who are to furnish products or equipment fabricated to a

special design. Include the following information in tabular form:

1. Name, address, and telephone number of entity performing subcontract or supplying

products.

2. Number and title of related Specification Sections covered by subcontract.

3. Drawing number and detail references, as appropriate, covered by subcontract.

4. Submit subcontract list in PDF electronic file.

N. Qualification Data: Prepare written information that demonstrates capabilities and experience

of firm or person. Include lists of completed projects with project names and addresses, contact

information of architects and owners, and other information specified.

O. Welding Certificates: Prepare written certification that welding procedures and personnel

comply with requirements in the Contract Documents. Submit record of Welding Procedure

Specification and Procedure Qualification Record on American Welding Society (AWS) forms.

Include names of firms and personnel certified.

P. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that

Installer complies with requirements in the Contract Documents and, where required, is

authorized by manufacturer for this specific Project.

Q. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying

that manufacturer complies with requirements in the Contract Documents. Include evidence of

manufacturing experience where required.

R. Product Certificates: Submit written statements on manufacturer's letterhead certifying that

product complies with requirements in the Contract Documents.

S. Material Certificates: Submit written statements on manufacturer's letterhead certifying that

material complies with requirements in the Contract Documents.

T. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's

standard form, indicating and interpreting test results of material for compliance with

requirements in the Contract Documents.

U. Product Test Reports: Submit written reports indicating current product produced by

manufacturer complies with requirements in the Contract Documents. Base reports on

evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or

on comprehensive tests performed by a qualified testing agency.

V. Research Reports: Submit written evidence from ICC Evaluation Service that product complies

with building code in effect for Project.

1. Name of evaluation organization.



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2. Date of evaluation.

3. Time period when report is in effect.

4. Product and manufacturers' names.

5. Description of product.

6. Test procedures and results.

7. Limitations of use.

W. Schedule of Tests and Inspections: Comply with requirements specified in Division 01 Section

"Quality Requirements."

X. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing

agency's standard form, indicating and interpreting results of tests performed before installation

of product, for compliance with performance requirements in the Contract Documents.

Y. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing

agency's standard form, indicating and interpreting results of compatibility tests performed

before installation of product. Include written recommendations for primers and substrate

preparation needed for adhesion.

Z. Field Test Reports: Submit reports indicating and interpreting results of field tests performed

either during installation of product or after product is installed in its final location, for

compliance with requirements in the Contract Documents.

PART 3 - EXECUTION

3.1 CONTRACTOR'S REVIEW

A. Action and Informational Submittals: Review each submittal and check for coordination with

other Work of the Contract and for compliance with the Contract Documents. Note corrections

and field dimensions. Mark with approval stamp before submitting to Architect.

B. Project Closeout and Maintenance/Material Submittals: Refer to requirements in Division 01

Section "Closeout Procedures."

C. Contractor’s Approval Stamp: Wording shall clearly indicate the following information.

Submittals with review stamps that do not meet these requirements will be rejected without

review.

1. The submittal was reviewed for compliance with Contract requirements.

2. The submittal is marked as “Approved” or “Approved As Noted” per requirements of the

Conditions of the Contract.

3. Reviewer identification.

4. Review date.

3.2 ARCHITECT'S ACTION

A. General: Architect will not review submittals that do not bear acceptable Contractor's approval

stamp and will return them without action.



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B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or

modifications required, and return it. Architect will stamp each submittal with an action stamp

and will mark stamp appropriately to indicate action, as follows:

1. Approved: Where submittal is marked "Approved", the Work covered by the submittal

may proceed provided it complies with the Contract Documents.

2. Approved as Noted: Where submittal is marked "Approved As Noted", the Work

covered by the submittal may proceed provided it complies with both Architect's

notations and corrections on the submittal and the Contract Documents.

3. Revise and Resubmit: Where the submittal is marked "Revise and Resubmit", do not

proceed with the Work covered by the submittal, including purchasing, fabrication,

delivery, or other activity for the product submitted. Revise or prepare a new submittal

according to Architect's notations and corrections.

4. Rejected: Where submittal is marked "Rejected", do not proceed with the Work covered

by the submittal. Prepare new submittal that complies with the Contract Documents.

C. Informational Submittals: Architect will review each submittal and will not return it, or will

return it if it is non-responsive to requirements. Architect has authority to designation portions

of action submittals as informational.

D. Partial submittals prepared for portion of the Work will be reviewed only when use of partial

submittals has received prior approval from Architect.

E. Incomplete submittals are not acceptable, will be considered nonresponsive, and will be

returned without review.

F. Submittals not required by the Contract Documents may not be reviewed and may be discarded.

END OF SECTION




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QUALITY REQUIREMENTS


PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes: Administrative and procedural requirements for quality assurance and quality

control.

B. Testing and inspecting services are required to verify compliance with requirements specified or

indicated. These services do not relieve Contractor of responsibility for compliance with the

Contract Document requirements.

1. Specific quality-assurance and -control requirements for individual construction activities

are specified in the Sections that specify those activities. Requirements in those Sections

may also cover production of standard products.

2. Specified tests, inspections, and related actions do not limit Contractor's other quality-

assurance and -control procedures that facilitate compliance with the Contract Document

requirements.

3. Requirements for Contractor to provide quality-assurance and -control services required

by Architect, Owner, or authorities having jurisdiction are not limited by provisions of

this Section.

4. Specific test and inspection requirements are not specified in this Section.

C. Related Requirements:

1. Section 01 2100: Testing and inspecting allowances.

2. Section 01 4533: Structural tests and inspections.

1.2 DEFINITIONS

A. Quality-Assurance Services: Activities, actions, and procedures performed before and during

execution of the Work to guard against defects and deficiencies and substantiate that proposed

construction will comply with requirements.

B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after

execution of the Work to evaluate that actual products incorporated into the Work and

completed construction comply with requirements. Services do not include contract

enforcement activities performed by Architect.

C. Preconstruction Testing: Tests and inspections performed specifically for Project before

products and materials are incorporated into the Work, to verify performance or compliance

with specified criteria.

D. Product Testing: Tests and inspections that are performed a testing agency qualified to conduct

product testing and acceptable to authorities having jurisdiction, to establish product

performance and compliance with specified requirements.

E. Source Quality-Control Testing: Tests and inspections that are performed at the source, e.g.,

plant, mill, factory, or shop.

F. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation

of the Work and for completed Work.



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G. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing

laboratory shall mean the same as testing agency.

H. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an

employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation,

including installation, erection, application, and similar operations.

1. Use of trade-specific terminology in referring to a trade or entity does not require that

certain construction activities be performed by accredited or unionized individuals, or

that requirements specified apply exclusively to specific trades.

1.3 CONFLICTING REQUIREMENTS

A. Referenced Standards: If compliance with two or more standards is specified and the standards

establish different or conflicting requirements for minimum quantities or quality levels, comply

with the most stringent requirement. Refer conflicting requirements that are different, but

apparently equal, to Architect for a decision before proceeding.

B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be

the minimum provided or performed. The actual installation may comply exactly with the

minimum quantity or quality specified, or it may exceed the minimum within reasonable limits.

To comply with these requirements, indicated numeric values are minimum or maximum, as

appropriate, for the context of requirements. Refer uncertainties to Architect for a decision

before proceeding.


A. Contractor's Quality-Control Plan: For quality-assurance and quality-control activities and

responsibilities.

B. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to

demonstrate their capabilities and experience. Include proof of qualifications in the form of

recent report on inspection of the testing agency by a recognized authority.

C. Schedule of Tests and Inspections: Prepare in tabular form.

1. Specification Section number and title.

2. Entity responsible for performing tests and inspections.

3. Description of test and inspection.

4. Identification of applicable standards.

5. Identification of test and inspection methods.

6. Number of tests and inspections required.

7. Time schedule or time span for tests and inspections.

8. Requirements for obtaining samples.

9. Unique characteristics of each quality-control service.

1.5 CONTRACTOR'S QUALITY-CONTROL PLAN

A. Quality-Control Plan, General: Submit quality-control plan within 5 working days of Notice to

Proceed, and not less than 5 working days before preconstruction conference. Submit in format

acceptable to Architect. Identify personnel, procedures, controls, instructions, tests, records, and



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forms to be used to carry out Contractor's quality-assurance and quality-control responsibilities.

Coordinate with Contractor's construction schedule. The Quality Control Program shall be

organized to address, as a minimum, the following items:

1. Quality control organization;

2. Project progress schedule;

3. Submittals schedule;

4. Inspection requirements;

5. Quality control testing plan;

6. Documentation of quality control activities; and

7. Requirements for corrective action when criteria are not met.

B. Quality-Control Personnel Qualifications: Engage qualified full-time personnel trained and

experienced in managing and executing quality-assurance and quality-control procedures

similar in nature and extent to those required for Project.

C. Contractor Submittals Procedure: Describe procedures for ensuring compliance with

requirements through review and management of submittal process. Indicate qualifications of

personnel responsible for submittal review.

D. Testing and Inspection: In quality-control plan, include comprehensive schedule of Work

requiring testing or inspection, including the following.

1. Contractor-performed tests and inspections including subcontractor-performed tests and

inspections. Include required tests and inspections and Contractor-elected tests and

inspections.

2. Special inspections required by authorities having jurisdiction and indicated on the

"Statement of Special Inspections."

3. Owner-performed tests and inspections indicated in the Contract Documents [, including

tests and inspections indicated to be performed by the Commissioning Authority].

E. Continuous Inspection of Workmanship: Describe process for continuous inspection during

construction to identify and correct deficiencies in workmanship in addition to testing and

inspection specified. Indicate types of corrective actions to be required to bring work into

compliance with standards of workmanship established by Contract requirements.

F. Monitoring and Documentation: Maintain testing and inspection reports including log of

approved and rejected results. Include work Architect has indicated as nonconforming or

defective. Indicate corrective actions taken to bring nonconforming work into compliance with

requirements. Comply with requirements of authorities having jurisdiction.

1.6 REPORTS AND DOCUMENTS

A. Test and Inspection Reports: Prepare and submit certified written reports specified in other

Sections. Include the following:

1. Date of issue.

2. Project title and number.

3. Name, address, and telephone number of testing agency.

4. Dates and locations of samples and tests or inspections.

5. Names of individuals making tests and inspections.

6. Description of the Work and test and inspection method.



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7. Identification of product and Specification Section.

8. Complete test or inspection data.

9. Test and inspection results and an interpretation of test results.

10. Record of temperature and weather conditions at time of sample taking and testing and

inspecting.

11. Comments or professional opinion on whether tested or inspected Work complies with

the Contract Document requirements.

12. Name and signature of laboratory inspector.

13. Recommendations on retesting and reinspecting.

B. Manufacturer's Technical Representative's Field Reports: Prepare written information

documenting manufacturer's technical representative's tests and inspections specified in other

Sections. Include the following:

1. Name, address, and telephone number of technical representative making report.

2. Statement on condition of substrates and their acceptability for installation of product.

3. Statement that products at Project site comply with requirements.

4. Summary of installation procedures being followed, whether they comply with

requirements and, if not, what corrective action was taken.

5. Results of operational and other tests and a statement of whether observed performance

complies with requirements.

6. Statement whether conditions, products, and installation will affect warranty.

7. Other required items indicated in individual Specification Sections.

C. Factory-Authorized Service Representative's Reports: Prepare written information documenting

manufacturer's factory-authorized service representative's tests and inspections specified in

other Sections. Include the following:

1. Name, address, and telephone number of factory-authorized service representative

making report.

2. Statement that equipment complies with requirements.

3. Results of operational and other tests and a statement of whether observed performance

complies with requirements.

4. Statement whether conditions, products, and installation will affect warranty.

5. Other required items indicated in individual Specification Sections.

D. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses,

certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee

payments, judgments, correspondence, records, and similar documents, established for

compliance with standards and regulations bearing on performance of the Work.


A. General: Qualifications paragraphs in this article establish the minimum qualification levels

required; individual Specification Sections specify additional requirements.

B. Specialists: Certain Specification Sections require that specific construction activities shall be

performed by entities who are recognized experts in those operations. Specialists shall satisfy

qualification requirements indicated and shall be engaged for the activities indicated.

1. Requirements of authorities having jurisdiction shall supersede requirements for

specialists.



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C. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the

experience and capability to conduct testing and inspecting indicated, as documented according

to ASTM E 329; and with additional qualifications specified in individual Sections; and, where

required by authorities having jurisdiction, that is acceptable to authorities.

1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7.

2. NVLAP: A testing agency accredited according to NIST National Voluntary Laboratory

Accreditation Program.

D. Manufacturer's Technical Representative Qualifications: Authorized representative of

manufacturer who is trained and approved by manufacturer to observe and inspect installation

of manufacturer's products that are similar in material, design, and extent to those indicated for

this Project.

E. Factory-Authorized Service Representative Qualifications: An authorized representative of

manufacturer who is trained and approved by manufacturer to inspect installation of

manufacturer's products that are similar in material, design, and extent to those indicated for this

Project.

F. Preconstruction Testing: Where testing agency is indicated to perform preconstruction testing

for compliance with specified requirements for performance and test methods, comply with the

following:

1. Contractor responsibilities include the following:

a. Provide test specimens representative of proposed products and construction.

b. Submit specimens in a timely manner with sufficient time for testing and analyzing

results to prevent delaying the Work.

2. Testing Agency Responsibilities: Submit a certified written report of each test,

inspection, and similar quality-assurance service to Architect, with copy to Contractor.

Interpret tests and inspections and state in each report whether tested and inspected work

complies with or deviates from the Contract Documents.

1.8 QUALITY CONTROL

A. Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility,

Owner will engage a qualified testing agency to perform these services.

1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing

agencies engaged and a description of types of testing and inspecting they are engaged to

perform.

2. Payment for these services will be made from testing and inspecting allowances, as

authorized by Change Orders.

3. Costs for retesting and reinspecting construction that replaces or is necessitated by work

that failed to comply with the Contract Documents will be charged to Contractor, and the

Contract Sum will be adjusted by Change Order.

B. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are

Contractor's responsibility. Perform additional quality-control activities required to verify that

the Work complies with requirements, whether specified or not.

1. Unless otherwise indicated, provide quality-control services specified and those required

by authorities having jurisdiction. Perform quality-control services required of Contractor

by authorities having jurisdiction, whether specified or not.



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2. Where services are indicated as Contractor's responsibility, engage a qualified testing

agency to perform these quality-control services.

a. Contractor shall not employ same entity engaged by Owner, unless agreed to in

writing by Owner.

3. Notify testing agencies at least 24 hours in advance of time when Work that requires

testing or inspecting will be performed.

4. Where quality-control services are indicated as Contractor's responsibility, submit a

certified written report, in duplicate, of each quality-control service.

5. Testing and inspecting requested by Contractor and not required by the Contract

Documents are Contractor's responsibility.

6. Submit additional copies of each written report directly to authorities having jurisdiction,

when they so direct.

C. Manufacturer's Field Services: Where indicated, engage a factory-authorized service

representative to inspect field-assembled components and equipment installation, including

service connections. Report results in writing as specified in Section 013300 "Submittal

Procedures."

D. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical

representative to observe and inspect the Work. Manufacturer's technical representative's

services include participation in preinstallation conferences, examination of substrates and

conditions, verification of materials, observation of Installer activities, inspection of completed

portions of the Work, and submittal of written reports.

E. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's

responsibility, provide quality-control services, including retesting and reinspecting, for

construction that replaced Work that failed to comply with the Contract Documents.

F. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of

duties. Provide qualified personnel to perform required tests and inspections.

1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the

Work during performance of its services.

2. Determine the location from which test samples will be taken and in which in-situ tests

are conducted.

3. Conduct and interpret tests and inspections and state in each report whether tested and

inspected work complies with or deviates from requirements.

4. Submit a certified written report, in duplicate, of each test, inspection, and similar

quality-control service through Contractor.

5. Do not release, revoke, alter, or increase the Contract Document requirements or approve

or accept any portion of the Work.

6. Do not perform any duties of Contractor.

G. Associated Services: Cooperate with agencies performing required tests, inspections, and

similar quality-control services, and provide reasonable auxiliary services as requested. Notify

agency sufficiently in advance of operations to permit assignment of personnel. Provide the

following:

1. Access to the Work.

2. Incidental labor and facilities necessary to facilitate tests and inspections.



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3. Adequate quantities of representative samples of materials that require testing and

inspecting. Assist agency in obtaining samples.

4. Facilities for storage and field curing of test samples.

5. Delivery of samples to testing agencies.

6. Preliminary design mix proposed for use for material mixes that require control by testing

agency.

7. Security and protection for samples and for testing and inspecting equipment at Project

site.

H. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and

-control services with minimum delay and to avoid necessity of removing and replacing

construction to accommodate testing and inspecting.

1. Schedule times for tests, inspections, obtaining samples, and similar activities.

I. Schedule of Tests and Inspections: Prepare a schedule of tests, inspections, and similar quality-

control services required by the Contract Documents as a component of Contractor's quality-

control plan. Coordinate and submit concurrently with Contractor's construction schedule.

Update as the Work progresses.

1. Distribution: Distribute schedule to Owner, Architect, testing agencies, and each party

involved in performance of portions of the Work where tests and inspections are required.

1.9 SPECIAL TESTS AND INSPECTIONS

A. Special Tests and Inspections: Owner will engage qualified testing agency to conduct special

tests and inspections required by authorities having jurisdiction as the responsibility of Owner

as follows:

B. Special Tests and Inspections: Conducted by a qualified testing agency as required by

authorities having jurisdiction, as indicated in individual Specification Sections, and as follows.

1. Verifying that manufacturer maintains detailed fabrication and quality-control procedures

and reviews the completeness and adequacy of those procedures to perform the Work.

2. Notifying Architect and Contractor promptly of irregularities and deficiencies observed

in the Work during performance of its services.

3. Submitting a certified written report of each test, inspection, and similar quality-control

service to Architect with copy to Contractor and to authorities having jurisdiction.

4. Submitting a final report of special tests and inspections at Substantial Completion,

which includes a list of unresolved deficiencies.

5. Interpreting tests and inspections and stating in each report whether tested and inspected

work complies with or deviates from the Contract Documents.

6. Retesting and reinspecting corrected work.



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PART 3 - EXECUTION

3.1 ACCEPTABLE TESTING AGENCIES

A. <Insert list of firms acceptable to perform designated tests and inspections>.

3.2 TEST AND INSPECTION LOG

A. Test and Inspection Log: Prepare a record of tests and inspections. Include the following:

1. Date test or inspection was conducted.

2. Description of the Work tested or inspected.

3. Date test or inspection results were transmitted to Architect.

4. Identification of testing agency or special inspector conducting test or inspection.

B. Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and

inspection log for Architect's reference during normal working hours.

3.3 REPAIR AND PROTECTION

A. General: On completion of testing, inspecting, sample taking, and similar services, repair

damaged construction and restore substrates and finishes.

1. Provide materials and comply with installation requirements specified in other

Specification Sections or matching existing substrates and finishes. Restore patched areas

and extend restoration into adjoining areas with durable seams that are as invisible as

possible. Comply with the Contract Document requirements for cutting and patching in

Section 01 7300 "Execution."

B. Protect construction exposed by or for quality-control service activities.

C. Repair and protection are Contractor's responsibility, regardless of the assignment of

responsibility for quality-control services.

END OF SECTION




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PART 1 - GENERAL

1.1 DEFINITIONS

A. General: Basic Contract definitions are included in the Conditions of the Contract.

B. Approved: When used to convey Architect's action on Contractor's submittals, applications,

and requests, "approved" is limited to Architect's duties and responsibilities as stated in the

Conditions of the Contract.

C. Directed: A directive or instruction by Architect. Other terms including "requested,"

"authorized," "selected," "required," and "permitted" have the same meaning as "directed."

D. Equal, Equivalent: With respect to products, these words are used synonymously in the

Contract Documents to mean like degree of features, attributes, performances, or qualities

deemed important by the Architect for the Work. Use of these words or language of similar

import is not intended to imply equality or identity in all respects or qualities. Use of the

phrase “or equal” or language of similar import is intended to mean that the Architect will

consider Substitution proposals for the specified product.

E. Furnish: Synonymous with “supply.”

F. Include: Use of the term “included” and its forms is not intended to limit requirements to a list

nor to exclude other, unnamed items from a list that it precedes. The phrases “without

limitation” or “but not limited to” should be assumed to follow the words “include” or

“including.”

G. Indicated: Requirements expressed by graphic representations or in written form on Drawings,

in Specifications, and in other Contract Documents. Other terms including "shown," "noted,"

"scheduled," and "specified" have the same meaning as "indicated."

H. Install: Operations at Project site including unloading, temporarily storing, unpacking,

assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing,

protecting, cleaning, and similar operations.

I. Installer: The Contractor or entity engaged by the Contractor as employee, subcontractor, or

contractor of lower tier, to perform a portion of the Work of Contract, including installation,

erection, application, and similar operations. Installers are required to be experienced in the

operations they are engaged to perform.

1. The adjective “experienced” when used with the term “installer” or in requirements for

installer qualifications means having sufficient number of successfully completed and

satisfactory installations of similar type, size, and complexity to be able to complete

Contract requirements for this Project in proper and timely manner. Evaluation of

installer experience is solely the responsibility of the Contractor unless explicitly stated

otherwise in the Contract Documents.

2. Use of terms such as “approved by,” “licensed by,” or “acceptable to” the manufacturer

of the product being installed means that the installer has been qualified by the

manufacturer for installing its products as required for Project applications.



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REFERENCES


Manufacturer’s sale of products to Contractor or installer does not in itself constitute

such qualifications.

J. Manufacturer: This term includes producers that process natural materials and fabricators who

produce assembled items from manufactured components; in short, all producers of products.

K. Materials: Products substantially shaped, cut, worked, finished, refined, or otherwise

fabricated, processed, and installed to form part of the Work.

L. Or: Used in inclusive sense to indicate alternatives of any item or any combination of items in

a list, unless otherwise stated.

M. Products: Materials or manufactured items incorporated into the Project that increase the real

value of the property. The term “product” includes the terms “material,” “equipment,”

“fixture,” “system,” and other terms of similar intent.

N. Project Site: Space available for performing construction activities. The extent of Project site

is shown on Drawings and may or may not be identical with the description of the land on

which the Project is to be built. The term “job site” is synonymous.

O. Provide: Supply and install, complete and ready for the intended use.

P. Punch List: A list of items to be completed or corrected by the Contractor, whether prepared

by the Contractor pursuant to the General Conditions or prepared by the Architect at time of

inspections for Substantial Completion, final completion, or other occasion.

Q. Regulations: Laws, ordinances, statutes, and lawful orders issued by authorities having

jurisdiction, and rules, conventions, and agreements within the construction industry that

control performance of the Work.

R. Supply: Supply and deliver to Project site, ready for unloading, unpacking, assembly,

installation, and similar operations. The terms “supply” and “furnish” are synonymous.

1.2 INDUSTRY STANDARDS

A. Applicability of Standards: Unless the Contract Documents include more stringent

requirements, applicable construction industry standards have the same force and effect as if

bound or copied directly into the Contract Documents to the extent referenced. Such standards

are made part of the Contract Documents by reference.

1. Unless otherwise required by applicable regulatory requirements or law, publications

cited in reference standards are not intended to be part of the Contract Documents.

B. Publication Dates: Comply with standards in effect as of date of the Contract Documents

unless otherwise required by applicable codes or law.

C. Conflicting Requirements:

1. Unless otherwise required by law, provisions of Contract Documents take precedence

over reference standards.



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2. Where compliance with two or more standards is specified and those standards establish

different or conflicting requirements for minimum quantity or quality levels, the most

stringent requirement shall govern unless Contract Documents specifically indicate a

less stringent requirement.

3. Refer requirements that are different but apparently equal, and uncertainties as to which

level of quality is more stringent to Architect for decision.

D. No provision of any referenced standard, including those specifically incorporated by

reference in the Contract Documents, shall be effective to change the duties or responsibilities

of the Owner, Architect, Contractor, or their consultants, agents, or employees from those set

forth the Contract Documents.

E. Copies of Standards: Each entity engaged in construction on Project should be familiar with

industry standards applicable to its construction activity. Copies of applicable standards are

not bound with the Contract Documents.

1. Where copies of standards are needed to perform a required construction activity,

obtain copies directly from publication source.

2. Where needed for proper performance of Work or requested by Architect, provide

copies for use on site.

1.3 ABBREVIATIONS AND ACRONYMS

A. Names of trade associations, standards generating organizations, governing authorities, and

other entities are frequently referred to in Contract Documents by acronyms and abbreviations.

Request explanation of unknown terms from Architect.



END OF SECTION




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UNCOVERING AND CORRECTION OF WORK


PART 1 - GENERAL

1.1 SUMMARY

A. This section specifies the requirements for uncovering and correction of work.

1.2 UNCOVERING OF WORK

A. If the Contract Documents, laws, ordinances, rules, regulations or orders of any Public

Authority having jurisdiction require any portion of the Work to be inspected, provide the

Architect timely notice of its readiness so that the Architect may observe such inspections.

B. 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 observation and be replaced at the Contractor's

expense without change in the Contract Time.

C. If a portion of the Work has been covered which the Architect has not specifically requested to

observe prior to its being covered, the Architect may request to see such Work and it shall be

uncovered by the Contractor.

1. If uncovered Work is in accordance with Contract Documents, costs of uncovering and

replacement shall, by appropriate Change Order, be charged to the Owner.

2. If uncovered Work is not in accordance with Contract Documents, the Contractor shall

pay such costs 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.

1.3 CORRECTION OF WORK

A. Promptly correct the Work rejected by the Architect or failing to conform to the requirements

of the Contract Documents, whether observed before or after Substantial Completion and

whether or not fabricated, installed or completed.

1. Costs of correcting such rejected Work, including additional testing, inspections, and

compensation for the Architect's services and expenses made necessary thereby, shall

be at the Contractor's expense.

B. The quality of materials and workmanship used in restoring this work shall be in full

compliance with the requirements of the Contract Documents.



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UNCOVERING AND CORRECTION OF WORK




END OF SECTION




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STRUCTURAL TESTS AND INSPECTIONS


PART 1 - GENERAL

1.1 SECTION INCLUDES

A. This section addresses the Structural Testing and Inspection requirements.

1. Testing and inspection for non-structural items, such as smoke control, fire-resistant

materials and coatings, and bracing and anchorage of non-structural components and

systems, are specified in other sections.

B. The basic Special Inspections during construction on the types of work listed in this section per

the International Building Code.

C. Quality Assurance Plan for Seismic Resistance for the types of work listed in this the

International Building Code.

D. Quality Assurance Plan for wind for the types of work listed in this section, per the International

Building Code.

1.2 DEFINITIONS

A. Certificate of Compliance: A certificate prepared and submitted by the manufacturer, stating

that materials and products meet specified standards or that work was done in compliance with

approved construction documents.

B. Special Inspection: Inspection as herein required of the materials, installation, fabrication,

erection or placement of components and connections requiring special expertise to ensure

compliance with approved construction documents and referenced standards per Section 1704

of the International Building Code.

C. Special Inspection, Continuous: The full-time observation of work requiring special inspection

by an approved special inspector who is present in the area where the work is being performed.

D. Special Inspection, Periodic: The part-time or intermittent observation of work requiring special

inspection by an approved special inspector who is present in the area where the work is being

performed and at the completion of the work.

1.3 REFERENCE DOCUMENTS

A. Structural Contract Drawings including amendments and specifications.

B. Field use structural shop drawings.

C. Material Test Reports.

D. General provisions of the Contract, including General and Supplementary Conditions and other

Division-01 sections, apply to this section.

E. Geotechnical investigation and report entitled Subsurface Exploration and Geotechnical

Evaluation, as prepared by Draper Aden Associates, dated May 28, 2014.



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1.4 QUALITY CONTROL AND QUALIFICATIONS FOR SPECIAL INSPECTIONS

A. Testing Agency Qualifications: Testing agency used special inspection and testing shall be an

independent testing agency, acceptable to authorities having jurisdiction, qualified according to

ASTM C 1077 and ASTM E 329 to conduct the testing indicated, as documented according to

ASTM E 548.

1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing

Technician, Grade 1, according to ACI CP-1 or an equivalent certification program.

2. Personnel performing laboratory tests shall be ACI-certified Concrete Strength Testing

Technician and Concrete Laboratory Testing Technician – Grade I. Testing agency

laboratory supervisor shall be an ACI-certified Concrete Laboratory Testing Technician –

Grade II.

3. Personnel performing field inspections and measuring elongations shall have successfully

completed PTI's Level 1 - Field Fundamentals course or shall have equivalent verifiable

experience and knowledge acceptable to Engineer and authorities having jurisdiction.

4. Personnel performing structural steel inspection and testing shall comply with the

requirements of the “Quality Control and Quality Assurance” chapter of AISC 360-10

and AISC 341-10.

B. The Special Inspector shall be experienced and knowledgeable in the structural systems being

used and the appropriate portion of the governing codes and standards, and shall be able to

demonstrate competence, to the satisfaction of the building official and Architect/Engineer, for

inspection of the particular type of construction or operation requiring special inspection.

C. The Special Inspector shall provide to the Owner insurance certificates for all applicable

coverages, including professional liability, specifically covering such special inspection

assignments; general liability; automobile coverage; workmen's compensation and any other

appropriate coverage.

1.5 OBLIGATIONS

A. Owner:

1. Owner shall employ and pay costs for services of the Special Inspector.

2. The Owner shall arrange for all necessary Contract Documents, including two complete

sets of documents for the project, including all drawings and specifications, the

geotechnical report and materials test reports, to be furnished to the Special Inspector

during the progress of the work in a timely manner. Provide the Special Inspector with

two copies of all changes, revisions, addenda, etc.

3. The Owner shall ensure that a qualified testing agency is retained.

B. Preconstruction Conference:

1. Scheduled by Contractor before beginning of construction by Contractor.

2. Location: To be determined by the Owner.

3. Attendees:

a. Architect

b. Engineer

c. Owner's Representative

d. Contractor

e. Special Inspector



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f. Testing Agency

g. Geotechnical Engineer

4. Purpose:

a. General discussion of project testing and inspection scope.

b. Define communication procedures between Architect, Contractor, Special

Inspector, and Owner.

C. Contractor:

1. The Contractor shall cooperate with, provide casual labor for, and assist the Special

Inspector in performance of his inspection duties as specified herein. The Special

Inspector shall have free access to the project at all times. The Contractor shall provide

access to and means to perform inspection and testing.

2. The Contractor shall advise the Special Inspector, in advance, of construction scheduled

and planned operations in order to assure timely and appropriate observation and

inspection of items specified herein. The minimum notice given the Special Inspector

shall be 24 hours before the time of the inspection. Further, the scheduled inspection

time for reinforcing steel shall be not less than 24 hours before the scheduled concrete

placement. The Contractor is to notify the Special Inspector minimum 24 hours before

the placement of any structural concrete.

3. Failure to notify the Special Inspector of construction and/or operations may result in the

Contractor having to remove work for the purpose of inspection at the Contractor's

expense.

4. Premature notification for inspection may result in an additional inspection at the

Contractor’s expense.

5. The Contractor shall furnish in a timely manner to the Special Inspector; copies of all

reviewed and accepted submittals (excluding calculations) for the structural elements of

the project.

6. The Contractor shall provide the Special Inspector with office facilities at the

construction site to accommodate his needs. As minimum, this office, is to be equipped

with the following items: desk, chair, plan table, plan rack, filing cabinet, telephone,

internet access, utilities, air conditioning and janitorial services, as required by the

Special Inspector.

7. Contractor shall provide an appropriate field-cure box for concrete cylinders and a

storage area for the box so cylinders are not disturbed.

8. Special Inspections do not relieve the Contractor of his responsibility to comply with the

Contract Documents, any statutory or contractual obligations, nor his responsibilities to

carry out his quality control inspections and testing. The Contractor has the sole

responsibility for any deviations from the Contract Documents and the costs of rectifying

those deviations.

9. The Contractor may correct work that is in non-compliance with the official Contract

Documents or the Contractor may submit to the Architect a request for acceptance of the

deviation.

10. Construction performed without an inspection and that is unable to be inspected may

require testing or removal as determined by the Architect/Engineer and at the

Contractor’s expense.

11. Additional testing and inspection required by work that is in non-compliance with

Contract Documents shall be at Contractor’s expense.

12. Additional testing and inspecting performed to determine compliance of replaced or

additional work with specified requirements shall be at Contractor’s expense.



Charlottesville, VA




13. The Special Inspector shall not make the required completion statement if work is not in

accordance with the official Contract Documents or if construction is performed without

inspection and is unable to be inspected.

D. Structural Observations:

1. Contractor shall notify the Engineer five working days before the following construction

milestones:

a. Spread Footing Foundations: After foundation reinforcing is placed and before

pouring concrete at the first group foundations.

b. First Slab-on-Grade Pour: After slab reinforcing is placed and before pouring

concrete on grade.

c. Floor Structure: After structure is erected, reinforcing placed, headed studs

installed and before concrete is poured.

d. Floor Structure: After formwork has been constructed, reinforcing placed and

before the pouring of the slab of the first elevated floor.

e. Roof Structure: After structure is erected and before insulation and roofing is

installed.

f. Punch List: After all structural items are complete.

2. Failure to notify Engineer of any construction milestone may result in Contractor having

to remove work for the purpose of review at the Contractor’s expense.

3. Premature notification for site visit will result in an additional site visit with all expenses

and fees paid by the Contractor.

E. Architect:

1. Interpretations of Contract Documents.

2. Provide consultation to resolve differences in disputed circumstances between Special

Inspector and Contractor. Notify "enforcing agency" if agreement cannot be obtained.

F. Geotechnical Engineer

1. Verify bearing strata of foundations meets requirements and assumptions of geotechnical

report.

G. Special Inspector:

1. The Special Inspector shall be responsible to the enforcing agency having jurisdiction for

this project. The presence of the Special Inspector does not relieve the Contractor,

enforcing agency, and the Architect of their responsibilities.

2. Before starting with the work, the Special Inspector and his authorized representative

shall become familiar with the specific components and systems that the Special

Inspector shall be responsible for inspecting. The Special Inspector is responsible for a

thorough knowledge of the intent and content of the Contract Documents and accepted

submittals relating to inspection responsibilities, appropriate portions of the governing

codes and the exercise of good judgment.

3. The Special Inspector shall not make design decisions or interpretations of the Contract

Documents. The Special Inspector shall cooperate with the Contractor but shall not

direct the Contractor's work nor be responsible for construction means and methods.

4. The Special Inspector shall write and sign a report each day an inspection is made. The

report shall consist of the following:



Charlottesville, VA




a. Identify name and location of project, name of Special Inspector; permit number,

date, working conditions including weather and temperature, and type and location

of work being performed.

b. A detailed report of each inspection, including the presence and activities of the

testing agency. Note changes in work sequence or materials and any unusual

circumstances affecting the performance of the work. Place emphasis on those

areas where deficiencies occur.

c. Review and comment on the materials testing reports before that day's inspection.

d. Construction performed without inspection and not capable of being inspected or

tested in place.

5. The report will be supplemented with the following, when applicable:

a. Special records (weld tests, welders certificates, concrete tests, etc.).

b. Documentation of changes made in the field.

c. Photographs.

6. It is the duty of the Special Inspector to immediately notify the Contractor in person, and

the Architect/Engineer by telephone of any non-conformance items. Bring any

deficiencies (non-conformance item) observed to the attention of the Contractor for

immediate correction. If the discrepancies are not corrected in a timely manner, the

discrepancies shall be brought to the attention of the code official, and to the registered

design professional of record.

7. Daily field reports shall be submitted on a weekly basis to the enforcing agency, Owner's

Representative, Architect, under a cover letter signed and sealed by the Special Inspector.

8. Shop Drawings:

a. Review in order to allow inspection of details and other information that is

extension and clarification of Contract Documents.

9. Maintain an up-to-date list on non-conformance items, with the date of the occurrence of

the item and date of resolution of the non-conformance item.

10. Special Inspector or his representatives are not authorized to revoke, alter, relax, enlarge,

or release any requirement of Contract Documents, or to direct the Contractor.

11. Distribute reports and non-conformance list weekly to the Architect, Contractor and

enforcing agency.

1.6 DESCRIPTION OF THE STRUCTURAL SYSTEM

A. Refer to drawings for description of structural system.

PART 2 - PRODUCTS [not used]

PART 3 - EXECUTION

3.1 SPECIAL INSPECTION AND TESTING REQUIREMENTS

A. Special Inspections are required where fabrication of structural load-bearing members and

assemblies is being performed on the premises of the fabricator’s shop.

1. Verify the fabricator maintains detailed fabrication and quality control procedures that

provide a basis for inspection control of the workmanship and the fabricator’s ability to

conform to approved construction documents and referenced standards. The Special



Charlottesville, VA




Inspector shall review the procedures for completeness and adequacy relative to the code

requirements for the fabricator’s scope of work.

2. Special Inspections are not required where the work is done on the premises of a

fabricator registered and approved to perform such work without special inspection per

Section 1704.2.2 of the International Building Code.

B. Steel Construction: Provide the following inspections and testing:

1. See “Inspection and Testing Tables” article

2. All full penetration field welds shall be 100 percent tested by ultrasonic inspection

3. Provide inspection and testing in accordance with the quality assurance plan requirements

of AISC 341.

4. Shear Connectors: In addition to visual inspection, field welded shear connectors shall be

tested and inspected according to:

a. Ping every shear connector.

b. Bend 2 percent of shear connectors per AWS D1.1.

c. Tests will be conducted on additional shear connectors if weld fracture occurs on

shear connectors already tested, according to requirements in AWS D1.1, and

acceptable to the Engineer.

5. Steel Joists

a. Field welds shall be visually inspected per AWS D1.1.

b. Bolted connections shall be visually inspected per RCSC’s “Specification for

Structural Joints Using High-Strength Bolts”.

6. Cold Weather: At least three specimens shall be taken for each two hours of entire

placing or for each 100 yards3, whichever is greater, during cold weather and cured on

site under same conditions as concrete placed that day. The number of specimens shall

not be less than specified elsewhere. Make cylinders at the middle of the concrete load.

7. Slump: ASTM C 143; one test for each concrete load at point of delivery if not pumped,

point of placement if pumped and one for each compressive strength test specimen taken

at the middle of the load at the point of discharge. Perform additional tests when

concrete consistency appears to change.

8. Air Content: ASTM C 231, pressure method, for normal-weight concrete; ASTM C 173,

volumetric method, for structural lightweight concrete; one test for each composite

sample, but not less than one test for each day's pour of each concrete mix. Take samples

at point of discharge at the same time the cylinders are made.

9. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40

deg F(4.4 deg C) and below and when 80 deg F(27 deg C) and above, and one test for

each composite sample.

10. Unit Weight: Fresh unit weight of normal weight structural concrete, one test for each

composite sample, but not less than one test for each day's pour of each concrete mix.

11. Compression Test Specimens: Comply with ACI 318, Chapter 5 and

ASTM C 31/C 31M; cast and cure one set of six standard cylinder specimens for each

composite sample.

a. Laboratory cure one set of six cylinders.

12. Compressive-Strength Tests: ASTM C 39.

a. [Test two field-cured specimens before form stripping and post-tensioning.]

b. Test two cured specimens at 7 days, two at 28 days, and the remainder at

Contractor's and/or Engineer's discretion.

c. A compressive-strength test shall be the average compressive strength from two

specimens obtained from same composite sample and tested at age indicated.



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13. Strength of each concrete mixture will be satisfactory if every average of any three

consecutive compressive-strength tests equals or exceeds specified compressive strength

and no compressive-strength test value falls below specified compressive strength by

more than 500 psi (3.4 MPa).

14. Test results shall be reported in writing, electronically, to Architect/Engineer, concrete

manufacturer, and Contractor within 48 hours of testing. Reports of compressive-

strength tests shall contain Project identification name and number, date of concrete

placement, name of concrete testing and inspecting agency, location of concrete batch in

Work, design compressive strength at 28 days, concrete mixture proportions and

materials, compressive breaking strength, and type of break for both 7- and 28-day tests.

15. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may

be permitted by Engineer but will not be used as sole basis for approval or rejection of

concrete.

16. Additional Tests: Testing and inspecting agency shall make additional tests of concrete

when test results indicate that slump, air entrainment, compressive strengths, or other

requirements have not been met, as directed by Engineer. Testing and inspecting agency

will conduct tests to determine adequacy of concrete by cored cylinders according to ACI

301 and complying with ASTM C 42/C 42M or by other methods as directed by

Engineer, at no less than 29 days if the specified compressive strengths are not met at 28

days. The tests will not be used as the sole basis for acceptance.

17. Correct deficiencies in the Work that test reports and inspections indicate do not comply

with the Contract Documents.

C. Measure floor and slab flatness and levelness according to ASTM E 1155 (ASTM E 1155M)

within 72 hours of finishing and before removing forms and/or shores.

D. Mechanical Reinforcing Bar Splices:

1. Minimum one coupler and reinforcing bar assembly shall be tested for each size and

coupler to be used on the Project.

2. Testing shall be conducted on the basis of tensile loading of the coupled reinforcing

through the yield point and to complete failure.

3. Written test results shall include the value of 125 percent of the theoretical yield point of

the reinforcing being tested, indication of no failure of the coupler at this point, and the

tensile strength at which the reinforcing and coupler assembly failed.

E. Masonry: Provide the following inspections and testing.

1. See “Testing and Inspections Tables” article - Masonry Verification and Testing – Level

1

F. Soils: Provide inspection and testing per “Testing and Inspections Tables” article and the

following:

1. Soil Compaction in accordance with to ASTM D 1556, ASTM D 2167, ASTM D 2922,

and ASTM D 2937, as applicable for:

a. Building Slab Areas: At subgrade and at each compacted fill type and backfill

layer, at least one test for every 2000 sq. ft.(186 sq. m) or less building slab, but in

no case fewer than three tests.

b. Foundation Wall Backfill: At each compacted backfill layer, at least one test for

each 100 feet(30 m) or less of wall length, but no fewer than two tests.

2. Obtain samples of each type of fill from the borrow site.



Charlottesville, VA




3. Determine particle size, liquid limit, plastic limit, plasticity index and maximum density

of each type of soil.

4. Observe proof rolling.

5. Verify foundation bearing capacity.

6. Verify quantities of material removed and quantities of material placed where Unit Prices

are involved.

7. Verify densification of subgrade after compaction.

3.2 INSPECTION AND TESTING TABLES

Structural Steel Verification and Inspection

Applicable

to Project

Continuous Periodic

1. Material verification of high – strength bolts, nuts and

washers: Y

a. Identification markings to conform to ASTM standards

specified in the approved construction documents Y - X

b. Manufacturer’s certification of compliance required. Y - X

2. Inspection of high – strength bolting Y - X

a.Snug tight joints Y - X

b. Pretensioned and slip-critical joints using turn-of-nut

with matchmarking, twist off bolt or direct tensions

indicator methods of installation. Y - X

c. Pretensioned and slip-critical joints using turn-of nut

without matchmaking or calibrated wrench methods of

installation. Y X -

3. Material verification of structural steel and cold – formed

steel deck Y

a. For structural steel identification markings to conform to

AISC 360 Y _ X

b. For other steel, identification markings to confirm to

ASTM standards specified in the approved construction

documents. Y - X

c. Manufacturer’s certified test reports. Y - X

4. Material verification of weld filler materials Y

a. Identification markings to conform to AWS

specifications in the approved construction documents Y - X

b.Manufacturer’s certification of compliance required Y - X

5. Inspection of welding: Y

a. Structural steel and cold – formed steel decks Y

1) Complete and partial joint penetration groove welds Y X

2) Multipass filet welds Y X -

3) Single pass filet welds > 5/16” Y X -

4) Plug and slot welds Y X -

5) Single –pass fillet welds ≤ 5/16” Y X

6) Floor and roof deck welds Y X

b. Reinforcing steel: Y



Charlottesville, VA




Structural Steel Verification and Inspection

Applicable

to Project

Continuous Periodic

1)Verification of weld ability of reinforcing steel other than

ASTM A706 Y X

2)Reinforcing steel resisting flexural and axial forces in

intermediate and special moment frames and boundary

elements of special structural walls of concrete and shear

reinforcement.

N X

3)Shear reinforcement Y X -

4)Other reinforcing steel Y X

6.Inspection of steel frame joint details for compliance: Y

a)Details such as bracing and stiffening Y X

b)Member locations Y X

c)Application of joint details at each connection Y X

Concrete Verification and Testing Applicable

to Project

Continuous Periodic

1. Inspection of reinforcing steel including prestressing

tendons and placement Y X

2. Inspection of reinforcing steel welding in accordance

with Table 1704.3 Item 5b Y -

3. Inspection of bolts to be installed in concrete before and

during placement of concrete where allowable loads have

been increased or where strength design is used. Y X -

4. Inspection of anchors installed in hardened concrete, as

required per ICC ES report Y X X

5. Verifying use of required design mix Y X

6. At the time fresh concrete is sampled to fabricate

specimens for strength tests, perform slump and air content

tests, and determine the temperatures of the concrete. Y X

-

7. Inspection of the concrete and shotcrete placement for

proper application techniques. Y X -

8. Inspection for maintenance of specified curing

temperature and techniques Y - X

9. Inspection of prestressed concrete:

a) Application of prestressing forces

b) Grouting of bonded prestressing tendons in the seismic

force resisting system.

N

X

X

-

10. Erection of precast concrete members N X

11. Verification of in-situ concrete strength before stressing

of tendons in posttensioned concrete and before removal of

shores and forms from beams and structural slabs N - X

12. Inspect formwork for shape, location and dimensions of

the concrete member being formed. N - X



Charlottesville, VA




Masonry Verification and Testing – Level 1 Applicable

to Project

Continuous Periodic

1.Compliance with required inspection provisions of the

construction documents and the approved submittals shall

be verified. Y - X

2.Verification of f’m and F AAC before construction except

where specifically exempted by this code. Y - X

3.Verification of slump flow and VSI as delivered to the

site for self – consolidating grout. Y X

4.As masonry construction begins, the following shall be

verified to ensure compliance: Y

a)Proportion of site-prepared mortar Y - X

b)Construction of mortar joints Y - X

c)Location of reinforcement, connections, prestressing

tendons and anchorages Y - X

d)Prestressing technique N - X

e) Grade and size of prestressing tendons and anchorages N - X

5.During construction the inspection program shall verify:

a) Size and location of structural elements Y - X

b) Type, size and location of anchors, including other

details, of anchorage of masonry structural members,

frames or other construction. Y - X

c)Specified size, grade and type of reinforcement, anchor

bolts, prestressing tendons and anchorages. Y - X

d)Welding of reinforcing bars. N X -

e)Preparation, construction and protection of masonry

during cold weather (temperature below 40 F) or hot

weather (temperature above 90 F) Y - X

f)Application and measurement of prestressing force. N X -

6. Before grouting, the following shall be verified to ensure

compliance: Y

a)Grout space is clean Y - X

b) Placement of reinforcing and connection and

prestressing tendons and anchorages Y - X

c) Proporations of site-prepared grout and prestressing

grout for bonded tendons Y - X

d) Construction of mortar joints Y - X

7. Grout placement shall be verified to ensure compliance Y X -

a)Grouting of prestressing bonded tendons N X -

8.Preparation of any required grout specimens, mortar

specimens and/or prisms shall be observed Y X


to Project

Continuous Periodic

1.Compliance with required inspection provisions of the

construction documents and the approved submittals N X



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to Project

Continuous Periodic

2. Verification of f’m and f AAC before construction and for

every 5,000 square feet during construction. N - X

3. Verification of proportions N X

4. Verification of slump flow and VSI as delivered to the

site for self – consolidating grout. N

5. The following shall be verified to ensure compliance: N

a.Proportions of site – prepared mortar, grout and

prestessing grout for bonded tendons. N - X

b. Placement of masonry units and construction of mortar

joints. N - X

c. Placement of reinforcement, connectors and prestressing

tendons and anchorages. N - X

d. Grout space before grout N X -

e. Placement of grout N X -

f. Placement of prestressing grout N X -

g. Size and location of structural elements N - X

h. Type, size, and location of anchors, including other

details of anchorage of masonry to structural members,

frames or other construction. N X -

i.Specified size, grade and type of reinforcement, anchor

bolts, prestressing tendons and anchorages. N _ X

j. Welding of reinforcing bars N X -

k. Preparation, construction and protection of masonry

during cold weather (temperature below 40˚F) or hot

weather (temperature above 90˚F) N - X

l. application and measurements of prestressing force N X -

6. Preparation of any required grout specimens and/or

prisms shall be observed. N X -

Soils Verification and Testing Applicable

to Project

Continuous Periodic

1.Verify materials below shallow foundations are adequate

to achieve the design bearing capacity. Y - X

2. Verify excavation are extended to proper depth and have

reached proper material. Y - X

3. Performs classification and testing of compacted fill

materials. Y - X

4. Verify use of proper materials, densities and lift

thickness during placement and compaction of compacted

fill. Y

X

-

5. Before placement of compacted fill, observed subgrade

and verify that has been prepared property. Y - X



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END OF SECTION




Charlottesville, VA


TEMPORARY FACILITIES AND CONTROLS


PART 1 - GENERAL

1.1 SUMMARY


1. Temporary utilities.

2. Support facilities.

3. Security and protection facilities.


1. Section 01 1000: Work restrictions and limitations on utility interruptions.

1.2 USE CHARGES.

A. General: Installation and removal of and use charges for temporary facilities shall be included in

the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and

facilities without cost, including, but not limited to, Architect, testing agencies, and authorities

having jurisdiction.

B. Sewer Service: Pay sewer-service use charges for sewer usage by all entities for construction

operations.

C. Water Service: Pay water-service use charges for water used by all entities for construction

operations.

D. Electric Power Service: Pay electric-power-service use charges for electricity used by all

entities for construction operations.


A. Prepare submittals per requirements of Section 01 3300 – Submittal Procedures.

B. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for

construction personnel.

C. Fire-Safety Program: Show compliance with requirements of NFPA 241 and authorities having

jurisdiction. Indicate Contractor personnel responsible for management of fire-prevention

program.

D. Moisture-Protection Plan: Describe procedures and controls for protecting materials and

construction from water absorption and damage.

1. Describe delivery, handling, and storage provisions for materials subject to water

absorption or water damage.

2. Indicate procedures for discarding water-damaged materials, protocols for mitigating

water intrusion into completed Work, and replacing water-damaged Work.

3. Indicate sequencing of work that requires water, such as sprayed fire-resistive materials,

plastering, and terrazzo grinding, and describe plans for dealing with water from these

operations. Show procedures for verifying that wet construction has dried sufficiently to

permit installation of finish materials.



Charlottesville, VA




E. Dust- and HVAC-Control Plan: Submit coordination drawing and narrative that indicates the

dust- and HVAC-control measures proposed for use, proposed locations, and proposed time

frame for their operation. Identify further options if proposed measures are later determined to

be inadequate. Include the following:

1. Locations of dust-control partitions at each phase of work.

2. HVAC system isolation schematic drawing.

3. Location of proposed air-filtration system discharge.

4. Waste handling procedures.

5. Other dust-control measures.


A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary

electric service. Install service to comply with NFPA 70.

B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each

temporary utility before use. Obtain required certifications and permits.

1.5 PROJECT CONDITIONS

A. Temporary Use of Permanent Facilities: Engage Installer of each permanent service to assume

responsibility for operation, maintenance, and protection of each permanent service during its

use as a construction facility before Owner's acceptance, regardless of previously assigned

responsibilities.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Portable Chain-Link Fencing: Minimum 2-inch, 0.148-inch- thick, galvanized-steel, chain-link

fabric fencing; minimum 6 feet high with galvanized-steel pipe posts; minimum 2-3/8-inch- OD

line posts and 2-7/8-inch- OD corner and pull posts, with 1-5/8-inch- OD top and bottom rails.

Provide concrete bases for supporting posts.

B. Polyethylene Sheet: Reinforced, fire-resistive sheet, 10-mil minimum thickness, with flame-

spread rating of 15 or less per ASTM E 84 and passing NFPA 701 Test Method 2.

C. Dust-Control Adhesive-Surface Walk-off Mats: Provide mats minimum 36 by 60 inches.

2.2 TEMPORARY FACILITIES

A. Common-Use Field Office: Of sufficient size to accommodate needs of Owner, Architect, and

construction personnel office activities and to accommodate Project meetings specified in other

Division 01 Sections. Keep office clean and orderly. Furnish and equip offices as follows:

1. Furniture required for Project-site documents including file cabinets, plan tables, plan

racks, and bookcases.

2. Drinking water and private toilet.

3. Coffee machine and supplies.



Charlottesville, VA




4. Heating and air conditioning that will maintain indoor temperature of 68 to 72 deg F.

5. Lighting fixtures capable of maintaining average illumination of 20 fc at desk height.

6. Conference room of sufficient size to accommodate meetings of at least 12 persons.

Furnish room with conference table, chairs, tack board, and marker board.

2.3 EQUIPMENT

A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by

locations and classes of fire exposures.

PART 3 - EXECUTION

3.1 INSTALLATION, GENERAL

A. Locate facilities where they will serve Project adequately and result in minimum interference

with performance of the Work. Relocate and modify facilities as required by progress of the

Work.

1. Locate facilities to limit site disturbance as specified in Section 01 1000.

B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities

are no longer needed or are replaced by authorized use of completed permanent facilities.

3.2 TEMPORARY UTILITY INSTALLATION

A. General: Install temporary service or connect to existing service.

1. Arrange with utility company, Owner, and existing users for time when service can be

interrupted, if necessary, to make connections for temporary services.

B. Sewers and Drainage: Provide temporary utilities to remove effluent lawfully.

1. Connect temporary sewers to municipal system as directed by authorities having

jurisdiction.

C. Water Service: Connect to Owner's existing water service facilities. Clean and maintain water

service facilities in a condition acceptable to Owner. At Substantial Completion, restore these

facilities to condition existing before initial use.

D. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of

construction personnel. Comply with requirements of authorities having jurisdiction for type,

number, location, operation, and maintenance of fixtures and facilities.

1. Toilets: Use of Owner's existing toilet facilities will not be permitted.

E. Heating, Ventilating, and Cooling: Provide temporary heating, ventilating, and cooling needed

for curing or drying of completed installations or for protecting installed construction from

adverse effects of low temperatures or high humidity. Use equipment that will not have harmful

effect on completed installations or elements being installed.

F. Isolation of Work Areas in Occupied Facilities: Prevent dust, fumes, and odors from entering

occupied areas.



Charlottesville, VA




1. Before commencing work, isolate the HVAC system in area where work is to be

performed according to coordination drawings.

a. Disconnect supply and return ductwork in work area from HVAC systems

servicing occupied areas.

b. Maintain negative air pressure within work area using HEPA-equipped air-

filtration units, starting with commencement of temporary partition construction,

and continuing until removal of temporary partitions is complete.

2. Maintain dust partitions during the Work. Use vacuum collection attachments on dust-

producing equipment. Isolate limited work within occupied areas using portable dust-

containment devices.

3. Perform daily construction cleanup and final cleanup using approved, HEPA-filter-

equipped vacuum equipment.

G. Ventilation and Humidity Control: Provide temporary ventilation required by construction

activities for curing or drying of completed installations or for protecting installed construction

from adverse effects of high humidity. Select equipment that will not have a harmful effect on

completed installations or elements being installed. Coordinate ventilation requirements to

produce ambient condition required and minimize energy consumption.

H. Electric Power Service: Provide electric power service and distribution system of sufficient size,

capacity, and power characteristics required for construction operations.

1. Connect temporary service to Owner's existing power source, as directed by Owner.

I. Lighting: Provide temporary lighting with local switching that provides adequate illumination

for construction operations, observations, inspections, and traffic conditions.

1. Install and operate temporary lighting that fulfills security and protection requirements

without operating entire system.

3.3 SUPPORT FACILITIES INSTALLATION

A. Maintain support facilities until Architect schedules Substantial Completion inspection. Remove

before Substantial Completion. Personnel remaining after Substantial Completion will be

permitted to use permanent facilities, under conditions acceptable to Owner.

B. Temporary Use of Permanent Roads and Paved Areas: Locate temporary roads and paved areas

in same location as permanent roads and paved areas. Construct and maintain temporary roads

and paved areas adequate for construction operations. Extend temporary roads and paved areas,

within construction limits indicated, as necessary for construction operations.

C. Parking: Use designated areas of Owner's existing parking areas for construction personnel.

D. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste

from construction operations. Comply with requirements of authorities having jurisdiction.

Comply with progress cleaning requirements in Section 01 7300.

E. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel.

1. Truck cranes and similar devices used for hoisting materials are considered "tools and

equipment" and not temporary facilities.



Charlottesville, VA




F. Existing Elevator Use: Use of Owner's existing elevators will be permitted, provided elevators

are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion,

restore elevators to condition existing before initial use, including replacing worn cables, guide

shoes, and similar items of limited life.

1. Do not load elevators beyond their rated weight capacity.

2. Provide protective coverings, barriers, devices, signs, or other procedures to protect

elevator car and entrance doors and frame. If, despite such protection, elevators become

damaged, engage elevator Installer to restore damaged work so no evidence remains of

correction work. Return items that cannot be refinished in field to the shop, make

required repairs and refinish entire unit, or provide new units as required.

G. Existing Stair Usage: Use of Owner's existing stairs will be permitted, provided stairs are

cleaned and maintained in condition acceptable to Owner. At Substantial Completion, restore

stairs to condition existing before initial use.

1. Provide protective coverings, barriers, devices, signs, or other procedures to protect stairs

and to maintain means of egress. If stairs become damaged, restore damaged areas so no

evidence remains of correction work.

3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION

A. Protection of Existing Facilities: Protect existing vegetation, equipment, structures, utilities, and

other improvements at Project site and on adjacent properties, except those indicated to be

removed or altered. Repair damage to existing facilities.

B. Security Enclosure and Lockup: Install temporary enclosure around partially completed areas of

construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and

similar violations of security. Lock entrances at end of each work day.

C. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having

jurisdiction for erecting structurally adequate barricades, including warning signs and lighting.

D. Temporary Egress: Maintain temporary egress from existing occupied facilities as indicated and

as required by authorities having jurisdiction.

E. Temporary Partitions: Provide floor-to-ceiling dustproof partitions to limit dust and dirt

migration and to separate areas occupied by Owner and tenants from fumes and noise.

1. Construct dustproof partitions with gypsum wallboard with joints taped on occupied side,

and fire-retardant-treated plywood on construction operations side.

F. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types

needed to protect against reasonably predictable and controllable fire losses. Comply with

NFPA 241; manage fire-prevention program.

1. Prohibit smoking in construction areas.

2. Supervise welding operations, combustion-type temporary heating units, and similar

sources of fire ignition according to requirements of authorities having jurisdiction.

3. Develop and supervise an overall fire-prevention and -protection program for personnel

at Project site. Review needs with local fire department and establish procedures to be

followed. Instruct personnel in methods and procedures. Post warnings and information.



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4. Provide temporary standpipes and hoses for fire protection. Hang hoses with a warning

sign stating that hoses are for fire-protection purposes only and are not to be removed.

Match hose size with outlet size and equip with suitable nozzles.

3.5 MOISTURE AND MOLD CONTROL

A. Contractor's Moisture-Protection Plan: Avoid trapping water in finished work. Document

visible signs of mold that may appear during construction.

B. Exposed Construction Phase: Before installation of weather barriers, when materials are subject

to wetting and exposure and to airborne mold spores, protect as follows:

1. Protect porous materials from water damage.

2. Protect stored and installed material from flowing or standing water.

3. Keep porous and organic materials from coming into prolonged contact with concrete.

4. Remove standing water from decks.

5. Keep deck openings covered or dammed.

C. Partially Enclosed Construction Phase: After installation of weather barriers but before full

enclosure and conditioning of building, when installed materials are still subject to infiltration

of moisture and ambient mold spores, protect as follows:

1. Do not load or install drywall or other porous materials or components, or items with

high organic content, into partially enclosed building.

2. Keep interior spaces reasonably clean and protected from water damage.

3. Periodically collect and remove waste containing cellulose or other organic matter.

4. Discard or replace water-damaged material.

5. Do not install material that is wet.

6. Discard, replace, or clean stored or installed material that begins to grow mold.

7. Perform work in a sequence that allows any wet materials adequate time to dry before

enclosing the material in drywall or other interior finishes.

3.6 OPERATION, TERMINATION, AND REMOVAL

A. Termination and Removal: Remove each temporary facility when need for its service has ended,

when it has been replaced by authorized use of a permanent facility, or no later than Substantial

Completion. Complete or, if necessary, restore permanent construction that may have been

delayed because of interference with temporary facility. Repair damaged Work, clean exposed

surfaces, and replace construction that cannot be satisfactorily repaired.

1. Materials and facilities that constitute temporary facilities are property of Contractor.

2. At Substantial Completion, repair, renovate, and clean permanent facilities used during

construction period. Comply with final cleaning requirements specified in

Section 017700 "Closeout Procedures."

END OF SECTION




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PRODUCT REQUIREMENTS


PART 1 - GENERAL

1.1 SUMMARY


1. Administrative and procedural requirements for selection of products for use in Project.

2. Product delivery, storage, and handling.

3. Manufacturer standard warranties on products and special warranties

4. Comparable products.


1. Section 01 2500: Requests for Substitutions.

2. Section 01 3300: Requirements for product submittals.

1.2 DEFINITIONS

A. Products: Items obtained for incorporating into the Work, whether purchased for Project or

taken from previously purchased stock. The term "product" includes the terms "material,"

"equipment," "system," and terms of similar intent.

1. Named Products: Items identified by manufacturer's product name, including make or

model number or other designation, shown or listed in manufacturer's published product

literature that is current as of date of the Contract Documents.

2. New Products: Items that have not previously been incorporated into another project or

facility. Products salvaged or recycled from other projects are not considered new

products.

3. Comparable Product: Product that is demonstrated and approved through Submittal

process to have qualities related to type, function, dimension, in-service performance,

physical properties, appearance, and other characteristics that equal or exceed those of

specified product.

B. Basis-of-Design Product Specification: A specification in which a specific manufacturer's

product is named and accompanied by the words "basis-of-design product," including make or

model number or other designation, to establish the significant qualities related to type,

function, dimension, in-service performance, physical properties, appearance, and other

characteristics for purposes of evaluating comparable products of additional manufacturers

named in the specification.


A. Comparable Product Requests: Submit request for consideration of each comparable product.

Identify product or fabrication or installation method to be replaced. Include Specification

Section number and title and Drawing numbers and titles.

1. Include data to indicate compliance with the requirements specified in "Comparable

Products" Article.

2. Architect's Action: If necessary, Architect will request additional information or

documentation for evaluation within one week of receipt of a comparable product

request. Architect will notify Contractor of approval or rejection of proposed comparable

product request.

a. Form of Approval: As specified in Section 01 3300.



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b. Use product specified if Architect does not issue a decision on use of comparable

product request within time allocated.

B. Basis-of-Design Product Specification Submittal: Comply with requirements in Section

01 3300. Provide information sufficient to show compliance with specified requirements.


A. Except as otherwise specifically noted, products shall be new and first (merchantable) quality.

B. Do not use materials or equipment removed from existing structure in final Work unless

specifically required or permitted.

C. Source Limitations: Supply all products of a given type from a single manufacturer unless

otherwise acceptable to the Architect.

1. Do not change source or proprietary brands for Products during progress of Work without

prior permission of Architect.

D. Products of a single type shall be of identical manufacture from a single manufacturer.

Duplicate items shall be interchangeable. Where appearance or performance characteristics may

vary between manufacturing lots, supply all items of type from a single lot.

E. Do not use damaged products in the Work.

F. Use products with limited shelf life within period indicated by manufacturer. Remove from

Project site products whose expiration date has passed.

G. Nameplates: Except for required labels and operating data, do not permanently attach or imprint

manufacturer or producer nameplates or trademarks on surfaces of products exposed to view in

occupied spaces or on the exterior.

1. Labels: Locate required product labels and stamps on concealed surfaces or, where

required for observation after installation, on accessible surfaces that are not conspicuous.

2. Equipment Nameplates: Provide permanent nameplates on each item of service

connected or power operated equipment. Indicate manufacturer name, product name,

model number, serial number, capacity, speed, ratings, and similar essential operating

data. Locate nameplates on accessible surfaces which, in occupied spaces, are not

conspicuous.

1.5 PRODUCT DELIVERY, STORAGE, AND HANDLING

A. Deliver, store, and handle products using means and methods that will prevent damage,

deterioration, and loss, including theft and vandalism. Comply with manufacturer

recommendations.

B. Delivery and Handling:

1. Schedule deliveries to minimize long-term storage at Project site and to prevent

overcrowding of construction spaces.



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2. Coordinate deliveries with installation time to ensure minimum holding time for items

that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and

other losses.

3. Deliver products to Project site in undamaged condition in manufacturer's original sealed

container or other packaging system, complete with labels and instructions for handling,

storing, unpacking, protecting, and installing.

4. Inspect products on delivery to determine compliance with the Contract Documents and

to determine that products are undamaged and properly protected.

C. Storage:

1. Store products to allow for inspection and measurement of quantity or counting of units.

2. Store materials in a manner that will not endanger Project structure.

3. Store products that are subject to damage by the elements, under cover in a weathertight

enclosure above ground, with ventilation adequate to prevent condensation.

4. Protect foam plastic from exposure to sunlight, except to extent necessary for period of

installation and concealment.

5. Comply with product manufacturer's written instructions for temperature, humidity,

ventilation, and weather-protection requirements for storage.

6. Protect stored products from damage and liquids from freezing.

7. Provide secure location and enclosure at Project site for storage of materials and

equipment by Owner's construction forces. Coordinate location with Owner.

1.6 EXTRA MATERIALS

A. Supply extra materials from same manufacturing lots as installed products.

B. Store extra materials in original packaging with intact labels. Mark packages with locations of

installed products.

C. Store extra materials in building where directed by Owner.

1.7 PRODUCT WARRANTIES

A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other

warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on

product warranties do not relieve Contractor of obligations under requirements of the Contract

Documents.

1. Manufacturer Warranty: Written warranty furnished by individual manufacturer for a

particular product and specifically endorsed by manufacturer to Owner.

2. Special Warranty: Written warranty required by the Contract Documents to provide

specific rights for Owner.

B. Special Warranties: Prepare written document that contains appropriate terms and

identification, ready for execution.

1. Manufacturer's Standard Form: Modified to include Project-specific information and

properly executed.

C. Submittal Time: Comply with requirements in Section 01 7700.



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PART 2 - PRODUCTS

2.1 PRODUCT SELECTION PROCEDURES

A. General Product Requirements: Provide products that comply with the Contract Documents,

are undamaged, and unless otherwise indicated, are new at time of installation.

1. Provide products complete with accessories, trim, finish, fasteners, and other items

needed for a complete installation and indicated use and effect.

2. Owner reserves the right to limit selection to products with warranties not in conflict with

requirements of the Contract Documents.

3. Or Equal: For products specified by name and accompanied by the term "or equal," or

"or approved equal," or "or approved," comply with requirements in "Comparable

Products" Article to obtain approval for use of an unnamed product.

B. Product Selection Procedures:

1. Product: Where Specifications name a single manufacturer and product, provide the

named product that complies with requirements. Comparable products or substitutions

for Contractor's convenience will not be considered.

2. Manufacturer/Source: Where Specifications name a single manufacturer or source,

provide a product by the named manufacturer or source that complies with requirements.

Comparable products or substitutions for Contractor's convenience will not be

considered.

3. Basis-of-Design Product: Where Specifications name a product, or refer to a product

indicated on Drawings, and include a list of manufacturers, provide the specified or

indicated product or a comparable product by one of the other named manufacturers.

Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics

that are based on the product named. Comply with requirements in "Comparable

Products" Article for consideration of an unnamed product by one of the other named

manufacturers.

C. Visual Matching Specification: Where Specifications require "match Architect's sample",

provide a product that complies with requirements and matches Architect's sample. Architect's

decision will be final on whether a proposed product matches.

1. If no product available within specified category matches and complies with other

specified requirements, comply with requirements in Division 01 Section "Substitution

Procedures" for proposal of product.

D. Visual Selection Specification: Where Specifications include the phrase "as selected by

Architect from manufacturer's full range" or similar phrase, select a product that complies with

requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer's

product line that includes both standard and premium items.

E. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a

complete installation for indicated use and effect.

F. Compatibility: Where more than one choice is available for Contractor's selection of products,

select products that are compatible with other choices, including previously selected or installed

products.



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1. Total compatibility among Contractor's options is not assured by limitations within

Contract Documents, but must be provided by the Contractor.

2. Compatibility is a basic general requirement of all product selections, and the Owner and

Architect will rely on the Contractor's skill, judgment, and integrity for such selections.

G. WARRANTY DISCLAIMER: The Architect specifically disclaims any warranty as to

availability of proprietary products mentioned in the Contract Documents, accuracy of

proprietary designations, or safety of manufacture, fabrication, handling, installation, or any

other use of specified products.

1. Contractor shall use all precautions necessary to avoid deleterious exposure to harmful

substances, and to prevent contamination or pollution of the Project or the general

environment.

2. Contractor shall notify the Architect in writing as soon as possible regarding objections to

use of any product. Include statement of reasons for objections, and recommendations for

alternative products or procedures with equivalent quality and function. Transmittal of

submittals constitutes waiver of objections to specified products.

2.2 COMPARABLE PRODUCTS

A. Conditions for Consideration: Architect will consider Contractor's request for comparable

product when the following conditions are satisfied. If the following conditions are not

satisfied, Architect may return requests without action, except to record noncompliance with

these requirements:

1. Evidence that proposed product does not require revisions to Contract Documents, that it

is consistent with the Contract Documents and will produce the indicated results, and that

it is compatible with other portions of the Work.

2. Detailed comparison of significant qualities of proposed product with those named in the

Specifications. Significant qualities include attributes such as performance, weight, size,

durability, visual effect, and specific features and requirements indicated.

3. Evidence that proposed product provides specified warranty.

4. List of similar installations for completed projects with project names and addresses and

names and addresses of architects and owners, if requested.

5. Samples, if requested.


END OF SECTION




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EXECUTION


PART 1 - GENERAL

1.1 SUMMARY


1. Construction layout.

2. Installation of the Work.

3. Cutting and patching.

4. Coordination of Owner-installed products.

5. Progress cleaning.

6. Starting and adjusting.

7. Protection of installed construction.


1. Section 01 1000: Limitations on use of Project site.

2. Section 01 3300: Submittal Procedures.

3. Section 02 4119: Demolition and removal of selected portions of the building.

4. Section 07 8413: Patching penetrations in fire-rated construction.

1.2 DEFINITIONS

A. Cutting: Removal of in-place construction necessary to permit installation or performance of

other work.

B. Patching: Fitting and repair work required to restore construction to original conditions after

installation of other work.


A. Prepare submittals per requirements of Section 01 3300 – Submittal Procedures.

B. Cutting and Patching Plan: Submit plan describing procedures at least seven days before the

time cutting and patching will be performed. Include the following information:

1. Extent: Describe reason for and extent of each occurrence of cutting and patching.

2. Changes to In-Place Construction: Describe anticipated results. Include changes to

structural elements and operating components as well as changes in building appearance

and other significant visual elements.

3. Products: List products to be used for patching and firms or entities that will perform

patching work.

4. Dates: Indicate when cutting and patching will be performed.

5. Utilities and Mechanical and Electrical Systems: List services and systems that cutting

and patching procedures will disturb or affect. List services and systems that will be

relocated and those that will be temporarily out of service. Indicate length of time

permanent services and systems will be disrupted.


A. Cutting and Patching:



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1. Structural Elements: When cutting and patching structural elements, notify Architect of

locations and details of cutting and await directions from Architect before proceeding.

Shore, brace, and support structural elements during cutting and patching. Do not cut and

patch structural elements in a manner that could change their load-carrying capacity or

increase deflection

2. Operational Elements: Do not cut and patch operating elements and related components

in a manner that results in reducing their capacity to perform as intended or that results in

increased maintenance or decreased operational life or safety

3. Other Construction Elements: Do not cut and patch other construction elements or

components in a manner that could change their load-carrying capacity, that results in

reducing their capacity to perform as intended, or that results in increased maintenance or

decreased operational life or safety.

4. Visual Elements: Do not cut and patch construction in a manner that results in visual

evidence of cutting and patching. Do not cut and patch exposed construction in a manner

that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and

replace construction that has been cut and patched in a visually unsatisfactory manner.

B. Cutting and Patching Conference: Before proceeding, meet at Project site with parties involved

in cutting and patching, including mechanical and electrical trades. Review areas of potential

interference and conflict. Coordinate procedures and resolve potential conflicts before

proceeding.

C. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written

recommendations and instructions for installation of products and equipment.

PART 2 - PRODUCTS

2.1 MATERIALS

A. In-Place Materials: Use materials for patching identical to in-place materials. For exposed

surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent

possible.

1. If identical materials are unavailable or cannot be used, use materials that, when installed,

will provide a match acceptable to Architect for the visual and functional performance of

in-place materials.

B. Hazardous Materials: Use products, cleaners, and installation materials that are not considered

hazardous.

PART 3 - EXECUTION

3.1 EXAMINATION

A. EXISTING CONDITIONS DISCLAIMER: The Owner and Architect specifically disclaim any

warranty as to existence and locations of underground and other concealed utilities and

construction indicated on Drawings as existing. The Architect prepared Drawings on the basis

of information provided by Owner and did not verify the accuracy of that information.



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EXECUTION


Contractor is therefore advised that actual conditions may differ from those depicted on

Drawings or in other Contract Documents.

1. Notify Architect of existing conditions that are outside Contractor's responsibility that

would hinder proper or timely execution, or adversely affect performance of finished

Work.

B. Before beginning sitework, investigate and verify the existence and location of underground

utilities, mechanical and electrical systems, and other construction affecting the Work.

1. Before construction, verify the location and invert elevation at points of connection of

sanitary sewer, storm sewer, and water-service piping; underground electrical services,

and other utilities.

2. Furnish location data for work related to Project that must be performed by public

utilities serving Project site.

C. Examination and Acceptance of Conditions: Before proceeding with each component of the

Work, examine substrates, areas, and conditions, with Installer or Applicator present where

appropriate, for compliance with requirements for installation tolerances and other conditions

affecting performance. Record observations.

1. Examine roughing-in for mechanical and electrical systems to verify actual locations of

connections before equipment and fixture installation.

2. Examine walls, floors, and roofs for suitable conditions where products and systems are

to be installed.

3. Verify compatibility with and suitability of substrates, including compatibility with

existing finishes or primers.

D. Proceed with installation only after unsatisfactory conditions have been corrected.

E. Inspect products immediately before installation. Do not install defective or damaged products.

3.2 PREPARATION

A. Existing Utility Information: Furnish information that is necessary to adjust, move, or relocate

existing utility structures, utility poles, lines, services, or other utility appurtenances located in

or affected by construction. Coordinate with authorities having jurisdiction.

B. Field Measurements: Measure in-place construction as needed for fabrication and execution of

the Work. No changes to Contract Sum or Contract Time will be allowed for differences

between Drawing dimensions and field measurements.

C. Space Requirements: Verify space requirements and dimensions of items shown

diagrammatically on Drawings, including requirements for operation, maintenance access, and

other required clearances.

3.3 CONSTRUCTION LAYOUT

A. Verification: Before proceeding to lay out the Work, verify layout information shown on

Drawings, in relation to the property survey and existing benchmarks. If discrepancies are

discovered, notify Architect promptly.



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EXECUTION


B. Identification: Owner will identify existing benchmarks, control points, and property corners.

C. Reference Points: Locate existing permanent benchmarks, control points, and similar reference

points before beginning the Work. Preserve and protect permanent benchmarks and control

points during construction operations.

1. Do not change or relocate existing benchmarks or control points without prior written

approval of Architect. Report lost or destroyed permanent benchmarks or control points

promptly. Report the need to relocate permanent benchmarks or control points to

Architect before proceeding.

2. Replace lost or destroyed permanent benchmarks and control points promptly. Base

replacements on the original survey control points.

3.4 INSTALLATION

A. Project structures have been designed for strength, stability, and safety in completed form. Until

completed, provide temporary bracing and supports needed for strength, stability, and safety of

construction in progress and for protection of persons and property.

B. General: Locate the Work and components of the Work accurately, in correct alignment and

elevation, as indicated.

1. Make vertical work plumb and make horizontal work level.

2. Where space is limited, install components to maximize space available for maintenance

and ease of removal for replacement.

3. Conceal pipes, ducts, and wiring in finished areas unless otherwise indicated.

4. Maintain minimum headroom clearance of 96 inches in occupied spaces and 90 inches in

unoccupied spaces.

C. Comply with manufacturer instructions and recommendations for installing products.

D. Install products at the time and under conditions that will ensure the best possible results.

Maintain conditions required for product performance until Substantial Completion.

E. Conduct construction operations so no part of the Work is subjected to damaging operations or

loading in excess of that expected during normal conditions of occupancy.

F. Sequence the Work and allow adequate clearances to accommodate movement of construction

items on site and placement in permanent locations.

G. Templates: Obtain and distribute to the parties involved templates for work specified to be

factory prepared and field installed. Check Shop Drawings of other work to confirm that

adequate provisions are made for locating and installing products to comply with indicated

requirements.

H. Attachments: Provide blocking and attachment plates and anchors and fasteners of adequate size

and number to securely anchor each component in place, accurately located and aligned with

other portions of the Work. Where size and type of attachments are not indicated, verify size

and type required for load conditions.

1. Mounting Heights: Where mounting heights are not indicated, mount components at

heights directed by Architect.



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EXECUTION


2. Allow for thermal expansion and contraction, deflection, and normal building

movements.

3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions

for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with

integral anchors, that are to be embedded in concrete or masonry. Deliver such items to

Project site in time for installation.

I. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated,

arrange joints for the best visual effect. Fit exposed connections together to form hairline joints.

J. Isolate products from incompatible materials as needed to prevent deterioration.

K. Coordinate enclosure of the Work with required inspections and tests so as to minimize need for

uncovering Work for those purposes.

L. Install products at time and under conditions that will ensure best possible results. Maintain

conditions required for product performance until Substantial Completion.

1. Do not install products during weather conditions that adversely affect installation or

performance of completed Work.

2. Do not install products sensitive to exterior weather conditions such as extreme

temperatures or moisture without the facility being enclosed or the products being

sufficiently protected.

M. Tolerances: Where specific tolerances are not stipulated by Contract Documents or

manufacturer recommendations, comply with applicable industry standards.

1. Tolerances are noncumulative unless otherwise stated.

3.5 HANDICAPPED ACCESSIBILITY REQUIREMENTS

A. ADA Requirements: In addition to Code requirements governing handicapped accessibility,

install Work in conformance with US Department of Justice publication 2010 ADA Standards

for Accessible Design.

1. Where ADA compliance is indicated in Contract Documents, comply with this document.

2. Contractor is cautioned that normal construction industry tolerances may not be

acceptable with respect to maximum and minimum dimensions in this document.

3. Refer questions regarding interpretation of ADA requirements to Owner, with copies of

correspondence to Architect.

4. Where Code requirements and ADA requirements are at variance, comply with the more

restrictive requirements unless otherwise directed by Owner.

B. The Architect’s site observations for compliance with handicapped accessibility requirements

are limited in scope and frequency per its contract with the Owner. The Owner will therefore

rely on the Contractor’s skill, judgment, and expertise for compliance with handicapped

accessibility requirements and will look solely to the Contractor for such compliance.

3.6 CUTTING AND PATCHING

A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching.

Proceed with cutting and patching at earliest feasible time, and complete without delay.



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EXECUTION


1. Cut in-place construction to provide for installation of other components or performance

of other construction, and subsequently patch to restore surfaces to original condition.

B. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged

during installation or cutting and patching operations, by methods and with materials so as not

to void existing warranties.

C. Specific cutting and patching requirements applicable to individual units of Work may be

specified in other Specification sections.

D. Requirements of this Section apply to all Work of Contract. Refer to Divisions 21 through 33

for additional requirements and limitations on cutting and patching.

E. Temporary Support: Provide temporary support of work to be cut.

F. Protection: Protect in-place construction during cutting and patching to prevent damage.

Provide protection from adverse weather conditions for portions of Project that might be

exposed during cutting and patching operations.

G. Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of free

passage to adjoining areas is unavoidable, coordinate cutting and patching according to

requirements in Section 01 1000.

H. Existing Utility Services and Mechanical/Electrical Systems: Where existing services or

systems are required to be removed, relocated, or abandoned, bypass such services or systems

before cutting to minimize interruption to occupied areas.

I. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar

operations, including excavation, using methods least likely to damage elements retained or

adjoining construction. If possible, review proposed procedures with original Installer; comply

with original Installer's written recommendations.

1. In general, use hand or small power tools designed for sawing and grinding, not

hammering and chopping. Cut holes and slots neatly to minimum size required, and with

minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use.

2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces.

3. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a

diamond-core drill.

4. Excavating and Backfilling: Comply with requirements in applicable Sections where

required by cutting and patching operations.

5. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be

removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent

entrance of moisture or other foreign matter after cutting.

6. Proceed with patching after construction operations requiring cutting are complete.

J. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations

following performance of other work. Patch with durable seams that are as invisible as

practicable. Provide materials and comply with installation requirements specified in other

Sections, where applicable.



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EXECUTION


1. Inspection: Where feasible, test and inspect patched areas after completion to

demonstrate physical integrity of installation.

2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration

into retained adjoining construction in a manner that will minimize evidence of patching

and refinishing.

a. Clean piping, conduit, and similar features before applying paint or other finishing

materials.

b. Restore damaged pipe covering to its original condition.

3. Floors and Walls: Where walls or partitions that are removed extend one finished area

into another, patch and repair floor and wall surfaces in the new space. Provide an even

surface of uniform finish, color, texture, and appearance. Remove in-place floor and wall

coverings and replace with new materials, if necessary, to achieve uniform color and

appearance.

a. Where patching occurs in a painted surface, prepare substrate and apply primer and

intermediate paint coats appropriate for substrate over the patch, and apply final

paint coat over entire unbroken surface containing the patch. Provide additional

coats until patch blends with adjacent surfaces.

4. Ceilings: Patch, repair, or rehang in-place ceilings as necessary to provide an even, plane

surface of uniform appearance.

5. Exterior Building Enclosure: Patch components in a manner that restores enclosure to

weathertight condition and ensures thermal and moisture integrity of building enclosure.

K. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint,

mortar, oils, and similar materials from adjacent finished surfaces.

3.7 OWNER-INSTALLED PRODUCTS

A. Site Access: Provide access to Project site for Owner's construction personnel.

B. Coordination: Coordinate construction and operations of the Work with work performed by

Owner's construction personnel.

1. Construction Schedule: Inform Owner of Contractor's preferred construction schedule for

Owner's portion of the Work. Adjust construction schedule based on a mutually agreeable

timetable. Notify Owner if changes to schedule are required due to differences in actual

construction progress.

2. Preinstallation Conferences: Include Owner's construction personnel at preinstallation

conferences covering portions of the Work that are to receive Owner's work. Attend

preinstallation conferences conducted by Owner's construction personnel if portions of

the Work depend on Owner's construction.

3.8 PROGRESS CLEANING

A. General: Clean Project site and work areas daily, including common areas.

1. Comply with requirements in NFPA 241 for removal of combustible waste materials and

debris.

2. Do not hold waste materials more than seven days during normal weather or three days if

the temperature is expected to rise above 80 deg F.

3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark

containers appropriately and dispose of legally, according to regulations.



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EXECUTION


a. Use containers intended for holding waste materials of type to be stored.

4. Coordinate progress cleaning for joint-use areas where Contractor and other contractors

are working concurrently.

B. Site: Maintain Project site free of waste materials and debris.

C. Clean spills, misapplications, and other accidents immediately as they occur.

D. Do not remove or obscure UL labels, third-party certification labels, or other required labeling.

E. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for

proper execution of the Work.

1. Remove liquid spills promptly.

2. Where dust would impair proper execution of the Work, broom-clean or vacuum the

entire work area, as appropriate.

F. Installed Work: Keep installed work clean. Clean installed surfaces according to instructions of

manufacturer or fabricator of product installed, using only cleaning materials specifically

recommended. If specific cleaning materials are not recommended, use cleaning materials that

are not hazardous to health or property and that will not damage exposed surfaces.

G. Concealed Spaces: Remove debris from concealed spaces before enclosing the space.

H. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure

freedom from damage and deterioration at time of Substantial Completion.

I. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials

down sewers or into waterways. Comply with waste disposal requirements in Section 01 5000.

J. During handling and installation, clean and protect construction in progress and adjoining

materials already in place. Apply protective covering where required to ensure protection from

damage or deterioration at Substantial Completion.

K. Clean and provide maintenance on completed construction as frequently as necessary through

the remainder of the construction period. Adjust and lubricate operable components to ensure

operability without damaging effects.

L. Limiting Exposures: Supervise construction operations to assure that no part of the construction,

completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious

exposure during the construction period.

3.9 STARTING AND ADJUSTING

A. Coordinate startup and adjusting of equipment and operating components with requirements in

Section 01 9113.

B. Start equipment and operating components to confirm proper operation. Remove

malfunctioning units, replace with new units, and retest.



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EXECUTION


C. Adjust equipment for proper operation. Adjust operating components for proper operation

without binding.

D. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties.

Replace damaged and malfunctioning controls and equipment.

3.10 PROTECTION OF INSTALLED CONSTRUCTION

A. Provide final protection and maintain conditions that ensure installed Work is without damage

or deterioration at time of Substantial Completion.

B. Comply with manufacturer instructions for temperature and relative humidity.

3.11 DAMAGE CORRECTIONS

A. Provide new conforming Work to replace damaged work that cannot be repaired or refinished in

place. Damage includes soiling or staining that cannot be satisfactorily cleaned.

1. Remove interior gypsum products exposed to water during construction period. Remove

entire gypsum board panels; do not cut and patch gypsum board.

2. Remove insulation, acoustic ceiling components, and other moisture-sensitive products

exposed to water during construction period.

3. Remove metal stud framing components exposed to water during construction period that

have visible rust.

B. If there is evidence of water intrusion into partially completed areas, remove portions of

gypsum board and other construction at shafts, plenums, and other concealed areas to check for

moisture damage and for mold and mildew growth. Examine concealed areas in presence of

Architect.

1. Remove components in entirety that exhibit water damage, mold, or mildew.

2. Remove gypsum board in whole panels.

3. Do not install replacement Work until concealed areas are completely dried and causes of

water intrusion have been remedied.

END OF SECTION




Charlottesville, VA


CLOSEOUT PROCEDURES


PART 1 - GENERAL

1.1 SUMMARY


1. Substantial Completion procedures.

2. Final completion procedures.

3. Warranties.

4. Final cleaning.

5. Repair of the Work.


1. Section 01 7300: Progress cleaning of Project.

2. Section 01 7823: Requirements for operation and maintenance manuals.

3. Section 01 7839: Submission of record Drawings, record Specifications, and record

Product Data.

4. Section 01 7900: Demonstration and Training.


A. Contractor's Punch List of Incomplete Items: Initial submittal at Substantial Completion.

B. Certified Punch List of Incomplete Items: Final submittal at Final Completion.

1.3 CLOSEOUT SUBMITTALS

A. Certificates of Release: From authorities having jurisdiction.

B. Certificate of Insurance: For continuing coverage.

1.4 MAINTENANCE MATERIAL SUBMITTALS

A. Schedule of Maintenance Material Items: For maintenance material submittal items specified in

other Sections.

1.5 SUBSTANTIAL COMPLETION PROCEDURES

A. Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and

corrected (Contractor's punch list), indicating the value of each item on the list and reasons why

the Work is incomplete.

B. Submittals Before Substantial Completion: Complete the following minimum 10 working days

before requesting inspection for determining date of Substantial Completion. List items below

that are incomplete at time of request.

1. Certificates of Release: Obtain and submit releases from authorities having jurisdiction

permitting Owner unrestricted use of the Work and access to services and utilities.

Include occupancy permits, operating certificates, and similar releases.

2. Submit closeout submittals specified in other Division 01 Sections, including project

record documents, operation and maintenance manuals, final completion construction



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CLOSEOUT PROCEDURES


photographic documentation, damage or settlement surveys, property surveys, and similar

final record information.

3. Submit closeout submittals specified in individual Sections, including specific warranties,

workmanship bonds, maintenance service agreements, final certifications, and similar

documents.

4. Submit maintenance material submittals specified in individual Sections, including tools,

spare parts, extra materials, and similar items, and deliver to location designated by

Architect. Label with manufacturer's name and model number where applicable.

a. Schedule of Maintenance Material Items: Prepare and submit schedule of

maintenance material submittal items, including name and quantity of each item

and name and number of related Specification Section. Obtain Architect's signature

for receipt of submittals.

5. Submit test/adjust/balance records.

6. Submit changeover information related to Owner's occupancy, use, operation, and

maintenance.

C. Procedures Before Substantial Completion: Complete the following minimum 10 working days

before requesting inspection for determining date of Substantial Completion. List items below

that are incomplete at time of request.

1. Advise Owner of pending insurance changeover requirements.

2. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's

personnel of changeover in security provisions.

3. Complete startup and testing of systems and equipment.

4. Perform preventive maintenance on equipment used before Substantial Completion.

5. Instruct Owner's personnel in operation, adjustment, and maintenance of products,

equipment, and systems. Submit demonstration and training video recordings specified in

Section 01 7900.

6. Advise Owner of changeover in heat and other utilities.

7. Participate with Owner in conducting inspection and walkthrough with local emergency

responders.

8. Terminate and remove temporary facilities from Project site, along with mockups,

construction tools, and similar elements.

9. Complete final cleaning requirements, including touchup painting.

10. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual

defects.

D. Inspection: Submit a written request for inspection to determine Substantial Completion

minimum 10 working days before date the work will be completed and ready for final

inspection and tests. On receipt of request, Architect will either proceed with inspection or

notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of

Substantial Completion after inspection or will notify Contractor of items, either on Contractor's

list or additional items identified by Architect, that must be completed or corrected before

certificate will be issued.

1. Reinspection: Request reinspection when the Work identified in previous inspections as

incomplete is completed or corrected.

2. Results of completed inspection will form the basis of requirements for final completion.



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CLOSEOUT PROCEDURES


1.6 FINAL COMPLETION PROCEDURES

A. Submittals Before Final Completion: Before requesting final inspection for determining final

completion, complete the following:

1. Submit final Application for Payment per Section 01 2900.

2. Certified List of Incomplete Items: Submit certified copy of Architect's Substantial

Completion inspection list of items to be completed or corrected (punch list), endorsed

and dated by Architect. Certified copy of the list shall state that each item has been

completed or otherwise resolved for acceptance.

3. Certificate of Insurance: Submit evidence of final, continuing insurance coverage

complying with insurance requirements.

4. Submit pest-control final inspection report.

B. Inspection: Submit a written request for final inspection to determine acceptance minimum 10

days before date the work will be completed and ready for final inspection and tests. On receipt

of request, Architect will either proceed with inspection or notify Contractor of unfulfilled

requirements. Architect will prepare a final Certificate for Payment after inspection or will

notify Contractor of construction that must be completed or corrected before certificate will be

issued.

1. Reinspection: Request reinspection when the Work identified in previous inspections as

incomplete is completed or corrected.

1.7 LIST OF INCOMPLETE ITEMS (PUNCH LIST)

A. Organization of List: Include name and identification of each space and area affected by

construction operations for incomplete items and items needing correction including, if

necessary, areas disturbed by Contractor that are outside the limits of construction. Use

CSI Form 14.1A.

1. Organize list of spaces in sequential order

2. Organize items applying to each space by major element, including categories for ceiling,

individual walls, floors, equipment, and building systems.

3. Include the following information at the top of each page:

a. Project name.

b. Date.

c. Name of Architect.

d. Name of Contractor.

e. Page number.

4. Submit list of incomplete items in the following format:

a. MS Excel electronic file. Architect will return annotated file.

b. PDF electronic file. Architect will return annotated file.

1.8 SUBMITTAL OF PROJECT WARRANTIES

A. Time of Submittal: Submit written warranties on request of Architect for designated portions of

the Work where commencement of warranties other than date of Substantial Completion is

indicated, or when delay in submittal of warranties might limit Owner's rights under warranty.



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CLOSEOUT PROCEDURES


B. Partial Occupancy: Submit properly executed warranties within 10 working days of completion

of designated portions of the Work that are completed and occupied or used by Owner during

construction period by separate agreement with Contractor.

C. Organize warranty documents into an orderly sequence based on the table of contents of Project

Manual.

1. Bind warranties and bonds in heavy-duty, three-ring, vinyl-covered, loose-leaf binders,

thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch

paper.

2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark

tab to identify the product or installation. Provide a typed description of the product or

installation, including the name of the product and the name, address, and telephone

number of Installer.

3. Identify each binder on the front and spine with the typed or printed title

"WARRANTIES," Project name, and name of Contractor.

4. Warranty Electronic File: Scan warranties and bonds and assemble complete warranty

and bond submittal package into a single indexed electronic PDF file with links enabling

navigation to each item. Provide bookmarked table of contents at beginning of document.

D. Provide additional copies of each warranty to include in operation and maintenance manuals.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or

fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous

to health or property or that might damage finished surfaces.

PART 3 - EXECUTION

3.1 FINAL CLEANING

A. General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply

with local laws and ordinances and Federal and local environmental and antipollution

regulations.

B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each

surface or unit to condition expected in an average commercial building cleaning and

maintenance program. Comply with manufacturer's written instructions.

3.2 REPAIR OF THE WORK

A. Complete repair and restoration operations before requesting inspection for determination of

Substantial Completion.



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CLOSEOUT PROCEDURES


B. Repair or remove and replace defective construction. Repairing includes replacing defective

parts, refinishing damaged surfaces, touching up with matching materials, and properly

adjusting operating equipment. Where damaged or worn items cannot be repaired or restored,

provide replacements. Remove and replace operating components that cannot be repaired.

Restore damaged construction and permanent facilities used during construction to specified

condition.

1. Remove and replace chipped, scratched, and broken glass, reflective surfaces, and other

damaged transparent materials.

2. Touch up and otherwise repair and restore marred or exposed finishes and surfaces.

Replace finishes and surfaces that that already show evidence of repair or restoration.

a. Do not paint over "UL" and other required labels and identification, including

mechanical and electrical nameplates. Remove paint applied to required labels and

identification.

3. Replace parts subject to operating conditions during construction that may impede

operation or reduce longevity.

4. Replace burned-out bulbs, bulbs noticeably dimmed by hours of use, and defective and

noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for

new fixtures.

END OF SECTION




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OPERATION AND MAINTENANCE DATA


PART 1 - GENERAL

1.1 SUMMARY


1. Operation and maintenance documentation directory.

2. Operation manuals for systems, subsystems, and equipment.

3. Product maintenance manuals.

4. Systems and equipment maintenance manuals.


1. Section 01 9113: Verification and compilation of data into operation and maintenance

manuals.


A. Manual Content: Operations and maintenance manual content is specified in individual

Specification Sections to be reviewed at the time of Section submittals. Submit reviewed

manual content formatted and organized as required by this Section.

1. Architect will comment on whether content of operations and maintenance submittals are

acceptable.

B. Format:

1. PDF electronic file. Assemble each manual into composite electronically indexed file.

Submit on digital media acceptable to Architect.

a. Name each indexed document file in composite electronic index with applicable

item name. Include a complete electronically linked operation and maintenance

directory.

b. Enable inserted reviewer comments on draft submittals.

2. Three paper copies. Include complete operation and maintenance directory. Enclose title

pages and directories in clear plastic sleeves. Architect will return two copies.

C. Manual Submittal: Submit each manual in final form before requesting inspection for

Substantial Completion and at least 15 working days before commencing demonstration and

training. Architect will return copy with comments.

1. Correct or revise each manual to comply with Architect's comments. Submit copies of

each corrected manual within 15 working days of receipt of Architect's comments and

before commencing demonstration and training.

PART 2 - PRODUCTS

2.1 OPERATION AND MAINTENANCE DOCUMENTATION DIRECTORY

A. Directory: Prepare a single, comprehensive directory of operation, and maintenance data and

materials, listing items and their location to facilitate ready access to desired information.

Include a section in the directory for each of the following:

1. List of documents.

2. List of systems.



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3. List of equipment.

4. Table of contents.

B. List of Equipment: List equipment for each system, organized alphabetically by system. For

pieces of equipment not part of system, list alphabetically in separate list.

C. Tables of Contents: Include a table of contents for each operation, and maintenance manual.

D. Identification: In the documentation directory and in each operation and maintenance manual,

identify each system, subsystem, and piece of equipment with same designation used in the

Contract Documents. If no designation exists, assign a designation according to

ASHRAE Guideline 4, "Preparation of Operating and Maintenance Documentation for Building

Systems."

2.2 REQUIREMENTS FOR OPERATION, AND MAINTENANCE MANUALS

A. Organization: Unless otherwise indicated, organize each manual into a separate section for each

system and subsystem, and a separate section for each piece of equipment not part of a system.

Each manual shall contain the following materials, in the order listed:

1. Title page.

2. Table of contents.

3. Manual contents.

B. Title Page: Include the following information:

1. Subject matter included in manual.

2. Name and address of Project.

3. Name and address of Owner.

4. Date of submittal.

5. Name and contact information for Contractor.

6. Name and contact information for Architect.

7. Name and contact information for Commissioning Authority.

8. Names and contact information for major consultants to the Architect that designed the

systems contained in the manuals.

9. Cross-reference to related systems in other operation and maintenance manuals.

C. Table of Contents: List each product included in manual, identified by product name, indexed to

the content of the volume, and cross-referenced to Specification Section number in Project

Manual.

D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by

system, subsystem, and equipment. If possible, assemble instructions for subsystems,

equipment, and components of one system into a single binder.

E. Manuals, Electronic Files: Submit manuals in the form of a multiple file composite electronic

PDF file for each manual type required.

1. Electronic Files: Use electronic files prepared by manufacturer where available. Where

scanning of paper documents is required, configure scanned file for minimum readable

file size.



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2. File Names and Bookmarks: Enable bookmarking of individual documents based on file

names. Name document files to correspond to system, subsystem, and equipment names

used in manual directory and table of contents. Group documents for each system and

subsystem into individual composite bookmarked files, then create composite manual, so

that resulting bookmarks reflect the system, subsystem, and equipment names in a readily

navigated file tree. Configure electronic manual to display bookmark panel on opening

file.

F. Manuals, Paper Copy: Submit manuals in the form of hard copy, bound and labeled volumes.

1. Binders: Heavy-duty, three-ring, vinyl-covered, binders, in thickness necessary to

accommodate contents, sized to hold 8-1/2-by-11-inch paper; with clear plastic sleeve on

spine to hold label describing contents and with pockets inside covers to hold folded

oversize sheets.

a. If two or more binders are necessary to accommodate data of a system, organize

data in each binder into groupings by subsystem and related components. Cross-

reference other binders if necessary to provide essential information for proper

operation or maintenance of equipment or system.

b. Identify each binder on front and spine, with printed title "OPERATION AND

MAINTENANCE MANUAL," Project title or name

2. Dividers: Heavy-paper dividers with plastic-covered tabs for each section of the manual.

Mark each tab to indicate contents. Include typed list of products and major components

of equipment included in the section on each divider, cross-referenced to Specification

Section number and title of Project Manual.

3. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic

software storage media for computerized electronic equipment.

4. Supplementary Text: Prepared on 8-1/2-by-11-inch white bond paper.

5. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text.

a. If oversize drawings are necessary, fold drawings to same size as text pages and

use as foldouts.

b. If drawings are too large to be used as foldouts, fold and place drawings in labeled

envelopes and bind envelopes in rear of manual. At appropriate locations in

manual, insert typewritten pages indicating drawing titles, descriptions of contents,

and drawing locations.

2.3 OPERATION MANUALS

A. Content: In addition to requirements in this Section, include operation data required in

individual Specification Sections and the following information:

1. System, subsystem, and equipment descriptions. Use designations for systems and

equipment indicated on Contract Documents.

2. Performance and design criteria if Contractor has delegated design responsibility.

3. Operating standards.

4. Operating procedures.

5. Operating logs.

6. Wiring diagrams.

7. Control diagrams.

8. Piped system diagrams.

9. Precautions against improper use.

10. License requirements including inspection and renewal dates.



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B. Descriptions: Include the following:

1. Product name and model number. Use designations for products indicated on Contract

Documents.

2. Manufacturer's name.

3. Equipment identification with serial number of each component.

4. Equipment function.

5. Operating characteristics.

6. Limiting conditions.

7. Performance curves.

8. Engineering data and tests.

9. Complete nomenclature and number of replacement parts.

C. Operating Procedures: Include the following, as applicable:

1. Startup procedures.

2. Equipment or system break-in procedures.

3. Routine and normal operating instructions.

4. Regulation and control procedures.

5. Instructions on stopping.

6. Normal shutdown instructions.

7. Seasonal and weekend operating instructions.

8. Required sequences for electric or electronic systems.

9. Special operating instructions and procedures.

D. Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as

installed.

E. Piped Systems: Diagram piping as installed, and identify color-coding where required for

identification.

2.4 PRODUCT MAINTENANCE MANUALS

A. Content: Organize manual into a separate section for each product, material, and finish. Include

source information, product information, maintenance procedures, repair materials and sources,

and warranties and bonds, as described below.

B. Source Information: List each product included in manual, identified by product name and

arranged to match manual's table of contents. For each product, list name, address, and

telephone number of Installer or supplier and maintenance service agent, and cross-reference

Specification Section number and title in Project Manual and drawing or schedule designation

or identifier where applicable.

C. Product Information: Include the following, as applicable:

1. Product name and model number.

2. Manufacturer's name.

3. Color, pattern, and texture.

4. Material and chemical composition.

5. Reordering information for specially manufactured products.

D. Maintenance Procedures: Include manufacturer's written recommendations and the following:



Charlottesville, VA




1. Inspection procedures.

2. Types of cleaning agents to be used and methods of cleaning.

3. List of cleaning agents and methods of cleaning detrimental to product.

4. Schedule for routine cleaning and maintenance.

5. Repair instructions.

E. Repair Materials and Sources: Include lists of materials and local sources of materials and

related services.

F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and

conditions that would affect validity of warranties or bonds.

1. Include procedures to follow and required notifications for warranty claims.

2.5 SYSTEMS AND EQUIPMENT MAINTENANCE MANUALS

A. Content: For each system, subsystem, and piece of equipment not part of a system, include

source information, manufacturers' maintenance documentation, maintenance procedures,

maintenance and service schedules, spare parts list and source information, maintenance service

contracts, and warranty and bond information, as described below.

B. Source Information: List each system, subsystem, and piece of equipment included in manual,

identified by product name and arranged to match manual's table of contents. For each product,

list name, address, and telephone number of Installer or supplier and maintenance service agent,

and cross-reference Specification Section number and title in Project Manual and drawing or

schedule designation or identifier where applicable.

C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation

including the following information for each component part or piece of equipment:

1. Standard maintenance instructions and bulletins.

2. Drawings, diagrams, and instructions required for maintenance, including disassembly

and component removal, replacement, and assembly.

3. Identification and nomenclature of parts and components.

4. List of items recommended to be stocked as spare parts.

D. Maintenance Procedures: Include the following information and items that detail essential

maintenance procedures:

1. Test and inspection instructions.

2. Troubleshooting guide.

3. Precautions against improper maintenance.

4. Disassembly; component removal, repair, and replacement; and reassembly instructions.

5. Aligning, adjusting, and checking instructions.

6. Demonstration and training video recording, if available.

E. Maintenance and Service Schedules: Include service and lubrication requirements, list of

required lubricants for equipment, and separate schedules for preventive and routine

maintenance and service with standard time allotment.

1. Scheduled Maintenance and Service: Tabulate actions for daily, weekly, monthly,

quarterly, semiannual, and annual frequencies.



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2. Maintenance and Service Record: Include manufacturers' forms for recording

maintenance.

F. Spare Parts List and Source Information: Include lists of replacement and repair parts, with

parts identified and cross-referenced to manufacturers' maintenance documentation and local

sources of maintenance materials and related services.

G. Maintenance Service Contracts: Include copies of maintenance agreements with name and

telephone number of service agent.

H. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and

conditions that would affect validity of warranties or bonds.

1. Include procedures to follow and required notifications for warranty claims.

2.6 THROUGH-PENETRATION FIRESTOPPING SYSTEMS MANUAL

A. Content: Products, description, and copies of system details for each through-penetration

firestopping system installed.

PART 3 - EXECUTION

3.1 MANUAL PREPARATION

A. Operation and Maintenance Documentation Directory: Prepare separate manual that provides

organized reference to operation, and maintenance manuals.

B. Product Maintenance Manual: Assemble complete set of maintenance data indicating care and

maintenance of each product, material, and finish incorporated into the Work.

C. Operation and Maintenance Manuals: Assemble complete set of operation and maintenance data

indicating operation and maintenance of each system, subsystem, and piece of equipment not

part of a system.

1. Engage factory-authorized service representative to assemble and prepare information for

each system, subsystem, and piece of equipment not part of a system.

2. Prepare separate manual for each system and subsystem, in the form of an instructional

manual for use by Owner's operating personnel.

D. Manufacturer Data: Where manuals contain manufacturers' standard printed data, include only

sheets pertinent to product or component installed. Mark each sheet to identify each product or

component incorporated into the Work. If data include more than one item in a tabular format,

identify each item using appropriate references from the Contract Documents. Identify data

applicable to the Work and delete references to information not applicable.

1. Prepare supplementary text if manufacturers' standard printed data are not available and

where the information is necessary for proper operation and maintenance of equipment or

systems.

E. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the

relationship of component parts of equipment and systems and to illustrate control sequence and



Charlottesville, VA




flow diagrams. Coordinate these drawings with information contained in record Drawings to

ensure correct illustration of completed installation.

1. Do not use original project record documents as part of operation and maintenance

manuals.

2. Comply with requirements of newly prepared record Drawings in Section 01 7839.

F. Comply with Section 01 7700 for schedule for submitting operation and maintenance

documentation.

END OF SECTION




Charlottesville, VA


PROJECT RECORD DOCUMENTS


PART 1 - GENERAL

1.1 SUMMARY


1. Record Drawings.

2. Record Specifications.

3. Record Product Data.

4. Miscellaneous record submittals.


1. Section 01 7300 "Execution" for final property survey.

2. Section 01 7700 "Closeout Procedures" for general closeout procedures.

3. Section 01 7823 "Operation and Maintenance Data" for operation and maintenance

manual requirements.


A. Record Drawings: Comply with the following:

1. Number of Copies: Submit one set of marked-up record prints.

a. Submittal:

1) Submit one paper-copy sets of marked-up record prints.

2) Submit PDF electronic files of scanned record prints.

B. Record Specifications: Submit annotated PDF electronic files of Project's Specifications,

including addenda and contract modifications.

PART 2 - PRODUCTS

2.1 RECORD DRAWINGS

A. Record Prints: Maintain one set of marked-up paper copies of the Contract Drawings and Shop

Drawings, incorporating new and revised drawings as modifications are issued. At Contractor’s

option, record information may be recorded electronically on PDF files of Contract Drawings.

1. Preparation: Mark record prints to show the actual installation where installation varies

from that shown originally. Require individual or entity who obtained record data,

whether individual or entity is Installer, subcontractor, or similar entity, to provide

information for preparation of corresponding marked-up record prints.

2. Mark the Contract Drawings and Shop Drawings completely and accurately. Use

personnel proficient at recording graphic information in production of marked-up record

prints.

3. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish

between changes for different categories of the Work at same location.

4. Mark important additional information that was either shown schematically or omitted

from original Drawings.

5. Note Construction Change Directive numbers, alternate numbers, Change Order

numbers, and similar identification, where applicable.



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6. Format: Same digital data software program, version, and operating system as the

original Contract Drawings.

7. Format: DWG, Version Microsoft Windows operating system.

8. Format: Annotated PDF electronic file.

9. Incorporate changes and additional information previously marked on record prints.

Delete, redraw, and add details and notations where applicable.

10. Refer instances of uncertainty to Architect for resolution.

11. Architect will furnish Contractor one set of digital data files of the Contract Drawings for

use in recording information.

a. See Section 013300 "Submittal Procedures" for requirements related to use of

Architect's digital data files.

b. Architect will provide data file layer information. Record markups in separate

layers.

B. Format: Identify and date each record Drawing; include the designation "PROJECT RECORD

DRAWING" in a prominent location.

1. Record Prints: Organize record prints and newly prepared record Drawings into

manageable sets. Bind each set with durable paper cover sheets. Include identification on

cover sheets.

2. Format: Annotated PDF electronic file.

3. Record Digital Data Files: Organize digital data information into separate electronic files

that correspond to each sheet of the Contract Drawings. Name each file with the sheet

identification. Include identification in each digital data file.

4. Identification: As follows:

a. Project name.

b. Date.

c. Designation "PROJECT RECORD DRAWINGS."

d. Name of Architect.

e. Name of Contractor.

2.2 RECORD SPECIFICATIONS

A. Preparation: Mark Specifications to indicate the actual product installation where installation

varies from that indicated in Specifications, addenda, and contract modifications.

1. Give particular attention to information on concealed products and installations that

cannot be readily identified and recorded later.

2. Mark copy with the proprietary name and model number of products, materials, and

equipment provided, including substitutions and product options selected.

3. Record the name of manufacturer, supplier, Installer, and other information necessary to

provide a record of selections made.

2.3 RECORD PRODUCT DATA

A. Preparation: Mark Product Data to indicate the actual product installation where installation

varies substantially from that indicated in Product Data submittal.

1. Give particular attention to information on concealed products and installations that

cannot be readily identified and recorded later.

2. Include significant changes in the product delivered to Project site and changes in

manufacturer's written instructions for installation.



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3. Note related Change Orders and record Drawings where applicable.

B. Format: Submit record Product Data as scanned PDF electronic files of marked-up paper copy

of Product Data.

1. Include record Product Data directory organized by Specification Section number and

title, electronically linked to each item of record Product Data.

2.4 MISCELLANEOUS RECORD SUBMITTALS

A. Assemble miscellaneous records required by other Specification Sections for miscellaneous

record keeping and submittal in connection with actual performance of the Work. Bind or file

miscellaneous records and identify each, ready for continued use and reference.

PART 3 - EXECUTION

3.1 RECORDING AND MAINTENANCE

A. Recording: Maintain one copy of each submittal during the construction period for project

record document purposes. Post changes and revisions to project record documents as they

occur; do not wait until end of Project.

B. Maintenance of Record Documents and Samples: Store record documents and Samples in the

field office apart from the Contract Documents used for construction. Do not use project record

documents for construction purposes. Maintain record documents in good order and in a clean,

dry, legible condition, protected from deterioration and loss. Provide access to project record

documents for Architect's reference during normal working hours.

END OF SECTION




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DEMONSTRATION AND TRAINING


PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes: Administrative and procedural requirements for instructing Owner's

personnel.

1. Demonstration of operation of systems, subsystems, and equipment.

2. Training in operation and maintenance of systems, subsystems, and equipment.


A. Instruction Program: Submit outline of instructional program for demonstration and training,

including a list of training modules and a schedule of proposed dates, times, length of

instruction time, and instructors' names for each training module. Include learning objective and

outline for each training module.

B. Attendance Record: For each training module, submit list of participants and length of

instruction time.


A. At completion of training, submit complete training manuals for Owner's use prepared and

bound in format matching operation and maintenance manuals.


A. Instructor Qualifications: Factory-authorized service representative experienced in operation

and maintenance procedures and training.

1. Inspect and discuss locations and other facilities required for instruction.

2. Review and finalize instruction schedule and verify availability of educational materials,

instructors' personnel, audiovisual equipment, and facilities needed to avoid delays.

3. Review required content of instruction.

4. For instruction that must occur outside, review weather and forecast weather conditions

and procedures to follow if conditions are unfavorable.

1.5 COORDINATION

A. Coordinate instruction schedule with Owner's operations. Adjust schedule to minimize

disrupting Owner's operations and to ensure availability of Owner's personnel.

B. Coordinate content of training modules with content of approved emergency, operation, and

maintenance manuals. Do not submit instruction program until operation and maintenance data

has been reviewed and approved by Architect.

1.6 INSTRUCTION PROGRAM

A. Program Structure: Individual training modules for each system and for equipment not part of a

system, as required by individual Specification Sections.



Charlottesville, VA




B. Training Modules: Develop a learning objective and teaching outline for each module. Include a

description of specific skills and knowledge that participant is expected to master. For each

module, include instruction for the following as applicable to the system, equipment, or

component:

1. Basis of System Design, Operational Requirements, and Criteria

2. Documentation

3. Emergencies

4. Operations

5. Adjustments

6. Troubleshooting:

a. Diagnostic instructions.

b. Test and inspection procedures.

7. Maintenance:

a. Inspection procedures.

b. Types of cleaning agents to be used and methods of cleaning.

c. List of cleaning agents and methods of cleaning detrimental to product.

d. Procedures for routine cleaning

e. Procedures for preventive maintenance.

f. Procedures for routine maintenance.

g. Instruction on use of special tools.

8. Repairs:

a. Diagnosis instructions.

b. Repair instructions.

c. Disassembly; component removal, repair, and replacement; and reassembly

instructions.

d. Instructions for identifying parts and components.

e. Review of spare parts needed for operation and maintenance.

1.7 PREPARATION

A. Assemble educational materials necessary for instruction, including documentation and training

module. Assemble training modules into a training manual organized in coordination with

requirements in Section 01 7823.

1.8 INSTRUCTION

A. Engage qualified instructors to instruct Owner's personnel to adjust, operate, and maintain

systems, subsystems, and equipment not part of a system.

1. Architect will furnish an instructor to describe basis of system design, operational

requirements, criteria, and regulatory requirements.

2. Owner will furnish an instructor to describe Owner's operational philosophy.

3. Owner will furnish Contractor with names and positions of participants.

B. Scheduling: Provide instruction at mutually agreed on times. For equipment that requires

seasonal operation, provide similar instruction at start of each season.

1. Schedule training with Owner with at least seven days' advance notice.

2. Provide copy of training schedule to Architect.



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C. Training Location and Reference Material: Conduct training on-site in the completed and fully

operational facility using the actual equipment in-place. onduct training using final operation

and maintenance data submittals.

END OF SECTION
