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Derby Demolition Project Holders of Bid Documents (as of 12/15/08)

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1. Michael Debenedet LVI Environmental

69 Eastern Steel Road Milford, CT 06460 2. Gregory Allen 31 Camp Street Meriden, CT 06451

3. Seymour Demolition, LLC 2 Silvermine Road Seymour, CT 06483

4. Tim Slater ETI 135 Commerce Ct Cheshire, CT 06410

5. Ed Hellauer Laydon Industries 51 Longhini Lane New Haven, CT 06519

6. Ray Albanese AAIS 802 Boston Post Rd West Haven, CT 06516 7. Chris Conti AMEC Carting, LLC

270 Main Ave Norwalk, CT 06851

8. Jerry Mals Manafort Brothers, Inc. 414 New Britain Ave. Plainville, CT 06062 9. Scott Grimord Spring Street Recycling West Haven, CT 06516 10. Tim Chacho Abcon Environmental 205 Wallace Street New Haven, CT 06511

11. Christ Dickman Cisco LLC 525 Ella Grasso Blvd. New Haven, CT 06519 12. John Murphy Industrial Wrecking, Inc. 70 Chase Street Bridgeport, CT 06606 13. Tom Finnucan Connecticut Tank Removal 118 Burr Ct Bridgeport, CT 06605 14. Ben Bargnesi Wiese Construction, Inc. 282 Franklin Street Norwich, CT 06360 15. David Sckelsky 6 Lisa Drive Shelton, CT 06484 16. Glen Burnham Guerrer Construction 154 Christian Street Oxford, CT 06478 17. Kevin Jinks Abatement Plus 6c Northwood Rd Bloomfield, CT 06002 18. Mike Reilly Abatement Industries Group 16 Hamilton Street West Haven, CT 06516 19. Anthony Pensiero Surplus Contractors, LLC 316 Glenbrook Rd Stamford, CT 06906 20. Chris Kopley

Advanced Environmental Redevelopment

900 Madison Ave, Suite 213 Bridgeport, Ct 06606

21. Andy Bowolick C+L Demolition, Inc. 31 Milford Point Rd Milford, CT 06460 22. Zlate Geleski SMAC Corp. 27 E. 33rd Street Paterson, NJ 07514 23. Ted Veskov LPD Contracting 225 Rt 46 W. Totowa, NJ 07512 24. Sean Juarez Mota Brothers Asbestos LLC P.O. Box 261208 Hartford, CT 06126 25. Austin Cannon S&R Contracting 706 Broadway Street Lowell, MA 01854 26. Rob Hackling Bestech Inc. 25 Pinney Street Ellington, CT 06029 27. Stiai Patrakis SDS/SWC 30 Nutmeg Drive Trumbull, CT 06611 28. Ralph Amodio

43 Deer Run Lane Shelton, CT 06484

29. Christopher Godek

New England Yankee Construction, LLC Wallingford, CT 06492

30. Bob Santillo Cherry Hill Construction 51 Ciro Road North Branford, CT 06471

December 15, 2008

1

City of Derby

Demolition of Four City-Owned Buildings

36 Lafayette Street, 44 Lafayette Street, 96/98 Olivia Street, and 42 Fifth Street

Addendum #2

This ADDENDUM provides supplemental information related to the original bid documents and provides additional details regarding the management of regulated building materials and building demolition project. The bid documents are modified as follows:

Prevailing Wage Rates

Insert the following Prevailing Wage Rate information package. This package includes the following documents:

• Minimum Rates and Classification for Heavy Construction • Minimum Rates and Classification for Building Construction • Section 31-53b • Informational Bulletin: 10-hour OSHA Course • Notice for All Mason Contractors • CT General Statute 31-55a • Contracting Agency Certification Form • Contractor’s Wage Certification Form • Payroll Certification – Public Works Projects • Occupational Classification Bulletin • Footnotes

Exhibits

Add the attached Exhibit L, entitled “Conceptual Traffic Control Plan” related to demolition of 42 Fifth Street. Similar traffic controls will be required to be installed to maintain two-way traffic along Olivia Street during demolition of 96/98 Olivia Street.

Bidder must acknowledge receipt of BOTH Addendum #1 and Addendum #2 on the Form for General Bid to be submitted no later than 11:00 AM on Wednesday December 17, 2008. Attachments:

Prevailing Wage Rate Package Exhibit L, “Conceptual Traffic Control Plan”

jritsick

Text Box

EXHIBIT L

CONTRACT DOCUMENTS

DEMOLITION OF FOUR CITY OWNED BUILDINGS: 36 Lafayette Street, 44 Lafayette Street,

96 & 98 Olivia Street, and 42 Fifth Street

Prepared for the

CITY OF DERBY OFFICE OF ECONOMIC AND COMMUNITY DEVELOPMENT

1 ELIZABETH STREET DERBY, CONNECTICUT 06418

In cooperation with the State of Connecticut

M. Jodi Rell, Governer Department of Economic and Community Development

Joan McDonald, Commissioner Ronald F. Angelo, Deputy Commissioner

November 26, 2008

i

TABLE OF CONTENTS

PAGE INVITATION FOR BIDS INV-1 INFORMATION FOR BIDDERS

Receipt of Bids INFO-1 Summary of Work INFO-1

Engineer (or Consultant) INFO-1 Owner INFO-2 Basis of Award INFO-2 Notice of Special Conditions INFO-2 Laws and Regulations INFO-2 Guarantee INFO-2 Time for Completion INFO-3 Insurance Requirements INFO-3 PREVAILING WAGE RATES INSTRUCTIONS TO BIDDERS Conditions of Work INST-1 Bidder Qualifications INST-1 Bid Security and Security for Faithful Performance INST-1 Power of Attorney INST-1 Equal Employment Opportunity Requirements INST-1 Project Funding – DECD Forms INST-2 Bid Submittal Requirements INST-2 BID FORMS Statement of Bidder Qualifications BF-1 to BF-2 CHRO – Contract Compliance Regulations Acknowledgement Form BF-3 to BF-4 Non-Collusion Certificate BF-5 Schedule of Bid Prices BF-6 Signature Page BF-7 CONTRACT FORMS Agreement CA-1 to CA-5 Notice of Award CF-1 to CF-2 Notice to Proceed CF-3 Change Order CF-4 to CF-5 Work Change Directive CF-6 to CF-7 Application for Payment CF-8 Certificate of Substantial Completion CF-9

ii

GENERAL CONDITIONS OF CONTRACT GC-i to GC-54 SUPPLEMENTAL CONDITIONS SC-1 to SC-6 MEASUREMENT AND PAYMENT MP-1 to MP-8 TECHNICAL SPECIFICATIONS 01400 Health and Safety 01500 Temporary Facilities and Controls 02001 Mobilization 02060 Demolition 02080 Asbestos Abatement 02090 Lead Abatement 02100 Hazardous & Regulated Materials 02800 Site Preparation FIGURES

1 Location Plan 2 Site Plan – 36 and 44 Lafayette Street 3 Site Plan – 96 & 98 Olivia Street 4 Site Plan – 42 Fifth Street

EXHIBITS A Asbestos Inspection Report – 36 Lafayette Street B Asbestos Inspection Report – 44 Lafayette Street C Lead Inspection Report – 36 and 44 Lafayette Street D Asbestos Inspection Report – 96 & 98 Olivia Street E Lead Inspection Report – 96 & 98 Olivia Street F Asbestos Inspection Report – 42 Fifth Street G Lead Inspection Report – 42 Fifth Street H Bidding Procedures for State Programs

• Notification to Bidders NB-1 to NB-8 • Contract Compliance Data Form (or Federal EEO-1/EEO-4 form) CC-1 • MBE Utilization Form UF-1 • Affidavit AD-1 to AD-2 • Funding Restrictions FD-1 to FD-2

I Project Sign – DECD PS-1 J City of Derby - Demolition Checklist DC-1 K CT DPH Approval Letter for Alternative Work Practices AWP-1 to AWP-6

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INVITATION FOR BIDS

Demolition of Four City-Owned Buildings Project Location: 36 Lafayette Street, 44 Lafayette Street, 96/98 Olivia Street, and 42 Fifth Street Derby, CT 06418 Sealed bids submitted on the form furnished herein will be received until 11:00 AM on December 17, 2008 at the Office of Economic and Community Development located on the Second Floor of Derby City Hall, One Elizabeth Street, Derby, CT 06418; Attn: Ms. Sheila O’Malley, Director. A refundable deposit of $50.00 will be required for each set of Contract Documents. A full set will also be available for review on the State of Connecticut DAS Website on 11/26/08. A pre-bid meeting is scheduled for 10:00 AM at Derby City Hall, Second Floor Conference Room, on December 4, 2008. A Site walk to observe the buildings to be demolished will follow. Project Description: The Base Scope of this project includes demolition of the buildings located at 36 Lafayette Street, 44 Lafayette Street and 96/98 Olivia Street (duplex) and more specifically includes:

Mobilization; Site preparation, including erosion controls; Removal and off-site management of all regulated building materials, including asbestos

containing floor tile, pipe insulation, exterior transite siding and panels, gaskets, mercury switches, and miscellaneous PCB items (see Exhibits);

Demolition, segregation and off-site management of all recyclable materials, C&D debris and other solid wastes;

Site restoration; and All other incidental work related to the above items, as more fully described in these

Contract Documents. In the event additional funds can be appropriated, Contingent Work under this Contract will include the same items identified above, except the additional building to be demolished is located at 42 Fifth Street and this Work Item will involve Alternative Work Practices for abatement, segregation and off-site management of asbestos containing materials. If the additional funds can be appropriated, it is estimated that this building will be available for demolition after May 1, 2009. The actual date is dependent upon when the power, telephone and cable lines can be relocated by the respective Utility Companies.

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INFORMATION FOR BIDDERS

Receipt of Bids The City of Derby, hereinafter called the “Owner”, invites bids on the forms included herein until 11:00 AM on December 17, 2008. Sealed bids for the Demolition of Four City-Owned Buildings, 36 Lafayette Street, 44 Lafayette Street, 96 & 98 Olivia Street and 42 Fifth Street, Derby, Connecticut, will be received at the Office of Economic and Community Development located on the Second Floor of Derby City Hall, One Elizabeth Street, Derby, CT 06418; Attn: Ms. Sheila O’Malley, Director. The bids will be tabulated and reviewed shortly thereafter. It is the Owner’s intention to award a contract for the Base Scope of work within approximately one week after receipt of Bids. All proposals must be in sealed envelopes bearing the bid title, date and time of bid opening, and Bidders’ name and address.

Summary of Work Base Scope of Work under this project includes the following:

Mobilization; Site preparation, including erosion controls; Removal and off-site management of all regulated building materials, including asbestos

containing floor tile, pipe insulation, exterior transite siding and panels, gaskets, mercury switches, and miscellaneous PCB items (see Exhibits);

Demolition, segregation and off-site management of all recyclable materials, C&D debris and other solid wastes;

Site restoration; and All other incidental work related to the above items, as more fully described in these Contract

Documents. In the event additional funds can be appropriated, Contingent Work under this Contract will include an additional building to be demolished is located at 42 Fifth Street and will involve Alternative Work Practices for abatement, segregation and off-site management of asbestos containing materials. If the additional funds can be appropriated, it is estimated that this building will be available for demolition after May 1, 2009. The actual date is dependent upon when the power, telephone and cable lines can be relocated by the respective Utility Companies. ENGINEER (or CONSULTANT) The ENGINEER (or CONSULTANT) for this project is: Alan D. Hanscom, LSP BETA Group, Inc. 750 Old Main Street Rocky Hill, CT 06067 Tel: 860/513-1503 Fax: 860/513-1582 Email: [email protected] BETA Group, Inc. (ENGINEER or CONSULTANT) will assume the duties and responsibilities associated with construction phase services, on behalf of the OWNER. BETA will have the rights


and authority assigned to the ENGINEER or CONSULTANT in the Contract Documents, in connection with completion of the Work under this project. CLIENT (or OWNER) The City of Derby will assume the duties and responsibilities assigned to the CLIENT (or OWNER) in these Contract Documents. The OWNER’s representative for this project is: Sheila O’Malley, Director Office of Economic & Community Development Derby City Hall 1 Elizabeth Street

Derby, CT 06418 Tel: 203-736-1496 Fax: 203-736-1458 Email: [email protected]

Basis of Award The Contract shall be awarded according to the sole discretion of the OWNER. Award shall be based upon, but not limited to, cost, experience, proposed methods of operations and to the most responsive and responsible bidder. The OWNER reserves the right to reject all proposals or take other action deemed to be in the best interest of OWNER. Conditional proposals will not be accepted. Project Funding The subject project is funded in whole or in part by a grant from the Connecticut Department of Economic and Community Development and, as such, is subject to certain requirements that are briefly summarized below and more fully described in Exhibit H. Prior to submission of the Bid, Bidder must acknowledge receipt and read all of the forms and associated instructions and information included in Exhibit H. Note that the acknowledgement form that must be submitted with the Bid is included as pages BF-3 and BF-4 in the Bid Forms section of these Contract Documents. Notice of Special Conditions Attention is called particularly to those parts of the Contract Documents that deal with the following: a. Existing site conditions; b. Insurance requirements; c. Site utilities; d. State labor regulations; and e. Permits and licenses. Laws and Regulations The CONTRACTOR’S attention is directed to the fact that all applicable Federal laws, State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract as if they were written out in full.


Guarantee The CONTRACTOR shall guarantee the work under this Contract and the materials furnished by them, in addition to any manufacturers’ warranties, to be free from defects or flaws for one (1) year after the completion of the Contract. In addition, the CONTRACTOR shall agree to maintain the stability of all materials, equipment and workmanship, to the satisfaction of the ENGINEER, for a term of one (1) year from the date of final acceptance of the Work by the OWNER. If, in the opinion of the OWNER and/or ENGINEER, any part of the Work requires repair or replacement at any time within the guarantee period, due to defective work or materials furnished by the CONTRACTOR, the ENGINEER will notify the CONTRACTOR in writing of such condition(s). If CONTRACTOR fails to perform the required work and repairs in a timely manner, the OWNER may perform the required repairs and charge the CONTRACTOR. It is expressly understood that this guarantee provision shall not absolve the CONTRACTOR from any further liability to the OWNER arising out of failure to substantially complete the Work in accordance with the Contract Documents. Time for Completion Time of substantial completion for all on-site work under the Base Scope is set at thirty (30) calendar days after the project initiation date stipulated in the Notice to Proceed, unless the CONTRACTOR is delayed by circumstances beyond his/her control. Completion of the Contingent Work is dependent upon resolution of issues with funding and the Utility Companies, but it is anticipated that the Contingent Work will be initiated on or about May 1, 2008 and be completed within 30 days after formal authorization to proceed. Liquidated damages in the amount of $400 per day will be assessed for each day beyond the completion dates stipulated above for base scope and contingent work. Insurance Requirements The insurance required by Article 11 of the General Conditions of Contract shall provide coverage for not less than the following amounts or greater where required by law: A. Workmen’s Compensation: In accordance with the Workmen’s Compensation Laws that are

applicable to the employees engaged in Work, including employer’s liability insurance.

B. General Liability Insurance for Personal Injury:

1. Individual limit of $500,000 for each person. 2. Total limit of $500,000 for each accident.

C. Property Damage Insurance:

1. Each claim $1,000,000. 2. Aggregate $1,000,000.

D. Umbrella Policy, in excess of Worker’s Compensation and General Liability coverage, in the amount of $2,000,000.


E. Explosion Collapse and Underground (XCU) coverage is often included under the CGL policy, unless specifically excluded. This coverage is required under this Contract and evidence of such coverage in the amount of $2,000,000 must be provided.

F. The State of Connecticut, Owner (City of Derby), Engineer (BETA Group, Inc.) and the

Asbestos Abatement Monitors (EnviroMed Services, Inc. and Smith & Wessel) shall be listed on CONTRACTOR’s Insurance Certificate, submitted pursuant to Article 11.1.3 of the General Conditions of Contract, as “Additional Insureds” for the following coverages:

1. General Liability Insurance 2. Automobile Liability Insurance 3. Excess Liability Insurance 4. Pollution Liability Insurance

G. If the CONTRACTOR subcontracts any portion of their Work, Subcontractor shall provide:

1. All insurance coverages in the types and amounts required of the CONTRACTOR or be covered by the CONTRACTOR as an “Additional Insured”.

2. All Subcontractors shall submit their respective Insurance Certificates, which

specifically demonstrate compliance with the insurance requirements of this Article, prior to the commencement of Work. Where applicable for CONTRACTOR, Subcontractor shall also name the State of Connecticut, Owner, Engineer and Asbestos Monitor(s), as “Additional Insureds”.

PREVAILING WAGE RATES

To Be Issued By Addendum

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INSTRUCTIONS TO BIDDERS

Conditions of Work Each BIDDER must become fully familiar with site conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve the successful BIDDER of their obligation to furnish all the labor, materials and equipment necessary to carry out the Work under this Contract. The BIDDER is expected to examine the Site and the Site information contained herein and then, based upon their own inspections and interpretations, decide the character of the work, difficulties or obstacles likely to be encountered, and other conditions affecting the Work. BIDDER Qualifications The BIDDER must include with the Bid a list of at least three (3) references for projects of similar (or greater) size and cost. The references shall include project location, contact name and phone number, and a brief description of services performed.

The CITY may make such investigations as it deems necessary to determine the ability of the BIDDER and any proposed subcontractors to perform the Work, and the BIDDER shall furnish to CITY all such information and data for this purpose as CITY may request. The CITY reserves the right to reject any Bid, if the evidence submitted by, or investigation of, such CONTRACTOR or subcontractor, fails to satisfy the CITY that such BIDDER or subcontractor is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

Bid Security and Security for Faithful Performance Simultaneously with delivery of the Bid, each BIDDER shall furnish a Bid Bond or certified check in the amount of 5% of the total bid, including the Contingent Task. The successful Bidder will also be required to furnish a Performance and Payment Bond for faithful performance of this contract, payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The surety on such bond or bonds shall be a duly authorized bonding company satisfactory to the CITY and shall insure damages in the full amount of the accepted proposal. Power of Attorney Attorneys-in-fact who sign bid bonds and/or contract bonds must file with each bond a certified and effectively dated copy of their power-of-attorney.

Equal Employment Opportunity Requirements

The BIDDER must comply with all applicable Equal Employment Opportunity requirements of all federal, state and local, laws, regulations, and ordinances. Specific reference is made to the DECD Requirements presented in Exhibit H to these Contract Documents.

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Project Funding – DECD Forms BIDDER’S attention is directed to the Connecticut Department of Economic and Community Development (DECD) Forms presented in Exhibit H. Each BIDDER must read the forms included in Exhibit H and sign and submit the Acknowledgement Form (Pages BF-3 and BF-4) included in the Bid Forms Section of these Contract Documents. Bid Submittal Requirements

The Bidder must submit all of the following documents and forms to be considered responsive to this invitation to bid. Failure to submit all required documents and forms may invalidate the Bid.

a. Bid Bond (with Power of Attorney, if applicable), or certified check in the amount of 5% of the total bid price, including contingent items, if any;

b. References (3), as described herein; c. CHRO-Contract Compliance Regulations Acknowledgement Form (BF-3, BF-4) d. Non-Collusion Affidavit (BF-5)

e. Schedule of Bid Prices (BF-6) f. Bid Form Signature Page (BF-7)

BF-1

BID FORMS

To be submitted by Bidder only upon specific request of the OWNER or ENGINEER Statement of Bidder's Qualifications:

All questions must be answered, and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information they desire. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present

firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the

appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. List the more important projects recently completed by your company, stating the

approximate cost for each and the month and year completed. 10. Experience in construction work similar in importance to this project. 11. List your major equipment available for this contract. 12. Background and experience of the principal members of your organization, including the

officers. 13. Credit available: $________________. 14. Give bank references: _________________________________________________ 15. Will you, upon request, fill out a detailed financial statement and furnish other

information that may be required by the OWNER or the ENGINEER?

BF-2

16. The undersigned hereby authorizes and requests any person, firm, or corporation to

furnish any information requested by the OWNER or the ENGINEER in verification of recitals comprising this Statement of Bidder's Qualifications.

Dated at _______________________________________________ this ________ day of _________, 2008. By: Title: State of ___________________________ County of __________________________ ____________________________________________________ being duly sworn, deposes and

say that he is ____________________________ of

______________________________________________________ and that the answers to the

foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to me before this ________ day of ______________, 2008.

Notary Public

My commission expires____________, 200__.

BF-3

CHRO-CONTRACT COMPLIANCE REGULATIONS NOTIFICATION TO BIDDERS

The contact to be awarded is subject to contract compliance requirements mandated by Sections 4a-60 and 4a-60a of the Connecticut General Statutes; and, when the awarding agency is the State, Sections 46a-7 I (d) and 46a-81i (d) of the Connecticut General Statutes. There are Contract Compliance Regulations codified at Section 46a-68j-21 through 43 of the Regulations of Connecticut State Agencies which establish a procedure for the awarding of all contracts covered by Sections 4a-60 and 46a-71(d) if the Connecticut General Statutes. According to Section 46a-68j-30 (9) of the Contract Compliance Regulations, every agency awarding a contract subject to the contract compliance requirements has an obligation to “aggressively solicit the participation of legitimate minority business enterprises as bidders, contractors and suppliers of materials.” “Minority business enterprise” is defined in Section 4a-60 of the Connecticut General Statutes as a business wherein fifty-one percent or more of the capital stock, or assets belong to a person or persons: “(1) who are active in daily affairs of the enterprise; (2) who have the power to direct the management and policies of the enterprise; and (3) who are members of a minority, as such term is defined in subsection (a) of Section 32-9n. “Minority” groups are defined in Section 32-9n of the Connecticut General Statutes as “(1) Black Americans… (2) Hispanic Americans… (3) persons who have origin in the Iberian Peninsula.. (4) Women. (5) Asian Americans and Pacific Islanders; (6) American Indian.” An individual with a disability is also a minority business enterprise as provided by Section 32-9e of the Connecticut General Statutes. The above definitions apply to the contract compliance requirements by virtue of Section 46a-68j-21 (11) of the Contract Compliance Regulations. The awarding agency will consider the following factors when reviewing the bidder’s qualifications under the contract compliance requirements: (a) the bidder’s success in implementing an affirmative action plan; (b) the bidders success in developing an apprenticeship program complying with Sections

46a-68-1 to 46a-68-17 of the Regulations of Connecticut State Agencies, inclusive; (c) the bidder’s promise to develop and implement a successful affirmative action plan, (d) the bidder’s submission of EEO-1 data indicating that the composition of its workforce is

at or near parity when compared to the racial and sexual composition of the workforce in the relevant labor market area; and

(e) the bidder’s promise to set aside a portion of the contract for legitimate minority business enterprises. See section 46a-68j-30(10)(E) of the Contract Compliance Regulations.

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*INSTRUCTION: Bidder must sign acknowledgement below, and return acknowledgment to Awarding Agency along with bid proposal.

The undersigned acknowledges receiving and reading a copy of the “Notification to Bidder’s” forms. Signature Date On behalf of: PROJECT NO.


NON-COLLUSION CERTIFICATE The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the work “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. _______________________________

(Name of Person Signing Bid or Proposal) _______________________________

(Name of Business)


SCHEDULE OF BID PRICES

Project: Demolition of Four City-Owned Buildings - Derby 36 Lafayette Street, 44 Lafayette Street, 96 & 98 Olivia Street, and 42 Fifth Street SCHEDULE OF BID ITEMS Item Description Quantity Units Bid Price Extended

Totals BASE BID ITEMS:

1. Winter Mobilization/Demobilization 1 FMLS* $3,000 _________

2. Abatement and off-site management

of all regulated building materials (including ACBM and hazardous materials) at 36 Lafayette Street, 44 Lafayette Street, 96 & 98 Olivia Street

1

LS

_________

_________

3.

Demolition and off-site management of all recyclable building materials and solid wastes present at 36 Lafayette Street, 44 Lafayette Street, 96 & 98 Olivia Street

1

LS

_________

_________

4.

Furnish & install suitable granular backfill material, to lines and grades directed by Engineer, including site stabilization

250

CY

_______

_________

TOTAL BASE BID (Items 1 through 4): ___________________

CONTINGENT BID ITEMS:

5. Spring Mobilization/Demobilization 1 FMLS* $2,000 _________

6. Demolition and off-site management

of all regulated and recyclable building materials and all solid wastes at 42 Fifth Street

1

LS

_________

_________

7.

Abatement, segregation and off-site management of all ACBM and asbestos containing demolition debris

200

Tons

_________

_________

8. Site Restoration 1 LS _________ __________

TOTAL BID (Items 1 through 8): ___________________ *FMLS - Fixed Maximum Lump Sum. Bidder may decrease, but cannot increase the indicated value of this item, by crossing out the indicated value and substituting a lower dollar value.


Project: Demolition of Four City-Owned Buildings 36 Lafayette Street, 44 Lafayette Street, 96 & 98 Olivia Street, and 42 Fifth Street Derby, Connecticut THIS BID IS SUBMITTED TO: City of Derby 1. The undersigned BIDDER proposes and agrees, if the BID is accepted to enter into an Agreement

with the OWNER, to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders. BIDDER will sign

the Agreement and submit the Contract Security and other documents required by the Contract Documents within two days after the date of the OWNER’s Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: 3.1 BIDDER has examined copies of all the Contract Documents and also copies of the Notice

to Bidders, the Instructions to Bidders, and copies of any addenda issued.

Receipt of Addenda Nos. ___________________ are acknowledged as received. 3.2 BIDDER has examined the site and locality where the Work is to be performed, the legal

requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress of performance of the Work and has made such independent investigations as BIDDER deems necessary.

3.3 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,

firm or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for themselves any advantage over any other Bidder or over the OWNER.

SUBMITTED on __________________ ___, 2008. The BIDDER is: ________________________________________________________________ By __________________________________________________________(SEAL)

Signature Title (Seal--if Bid is by a Corporation) Business address: _____________________________________________________ _____________________________________________________ _____________________________________________________ Phone Number: ( )

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FORM OF CONTRACT AGREEMENT

PROJECT: Demolition of Four City-Owned Buildings Lafayette Street, 44 Lafayette Street, 96 & 98 Olivia Street, and 42 Fifth Street Derby, Connecticut THIS AGREEMENT is dated the _______ day of ______________ in the year 2008 by and between the

City of Derby (hereinafter called the OWNER), and _____________________________ (hereinafter

called CONTRACTOR) in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in these Contract Documents and as authorized in the Notice to Proceed issued by Owner. The Work is generally described as outlined in the Summary of Work, Page INFO-1 of these Contract Documents. ARTICLE 2- ENGINEER (or CONSULTANT) The ENGINEER (or CONSULTANT) for the project is:

BETA Group, Inc. 750 Old Main Street Rocky Hill, CT 06067 Alan D. Hanscom, LSP

BETA Group, Inc. (ENGINEER or CONSULTANT), will assume all duties and responsibilities associated with construction management of the abatement and management of regulated building materials and associated building demolition activities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with these Contract Documents. ARTICLE 3- CONTRACT TIME All abatement activities construction, installation and remediation activities (i.e., regulated building material removal, removal, disposal and other incidental work) at the Site shall be substantially completed on or before thirty (30) calendar days from the date of Notice to Proceed and the project shall be fully completed including transportation and off-site management of all regulated building materials and C&D debris. If changes to the work are requested by the CLIENT, the time of completion for substantial completion and final completion will be equitably adjusted as agreed upon by the CLIENT and CONTRACTOR. Note: If applicable, the time of completion shall be extended to the number of calendar days mutually agreed to by the Parties for performance of the Contingent Work. ARTICLE 4- CONTRACT PRICE

OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds in accordance with the provisions of the Measurement and Payment section, Page MP- 1 of the Contract Documents.


ARTICLE 5- PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 9 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions, paragraph 9.4. Payments will be made by OWNER within 30 days after receipt of ENGINEER’s authorization of CONTRACTOR’s Application for Payment.

ARTICLE 6- CONTRACTOR’S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized themselves with the nature and extent of the Contract Documents,

the Work, the site conditions and all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress performance, or furnishing of the Work.

6.2 CONTRACTOR has studied carefully all reports of regulated building material inspection reports

and drawings of physical conditions that are identified in these Contract Documents, and accepts the provisions set forth in Article 3 of the General Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely.

6.3 CONTRACTOR has given the OWNER written notices of all conflicts, errors or discrepancies that

they have discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

6.4 CONTRACTOR has read and is familiar with all laws and regulations applicable to the

performance of the work on the Project. ARTICLE 7- CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement and made a part hereof, and consist of the following: 7.1 This Agreement (pages CA-I to CA-5, inclusive). 7.2 Documentation submitted by CONTRACTOR, prior to Notice of Award. 7.3 The following forms are hereby incorporated in this Contract and they (or facsimiles thereof) are to

be used to complete the Work under this Contract:

A. Notice of Award (CF-1 to CF-2) B. Notice to Proceed (CF-3) C. Change Order (CF-4 to CF-5) D. Work Change Directive (CF-6 to CF-7) E. Application for Payment (CF-8) F. Certificate of Substantial Completion (CF-9)


7.4 The following which may be delivered or issued after the effective date of the Agreement and are not

attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Article 7 of the General Conditions.

7.5 The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as

expressly noted otherwise above). 7.6 CONTRACTOR’s submittals made pursuant to these Contract Documents, subsequent to Notice of

Award. 7.7 CONTRACTOR’s Bid (pages BF-l to BF-5, inclusive). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in Article 7 of the General Conditions. ARTICLE 8- MISCELLANEOUS 8.1 Terms used in this Agreement shall have the meanings indicated in Article 1 of the General

Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be

binding on another party hereto without the written consent of the party sought to be bound; and, specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

8.3 OWNER and CONTRACTOR each binds themselves, their partners, successors, assignees and legal

representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

8.4 This AGREEMENT shall be deemed to include all terms and requirements imposed by law

including but not limited to all applicable provisions of the Commonwealth of Massachusetts from the performance of the Work on the Project.

8.5 In the event of any inconsistencies between applicable general laws and Contract Documents, the

applicable general laws shall prevail. 8.6 The CONTRACTOR and its subcontractors shall not discriminate against any employee or applicant

for employment because of race, color, religion, sex or national origin. The CONTRACTOR and its subcontractors shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR and its subcontractors shall post in conspicuous places, available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. The CONTRACTOR and its subcontractors shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.


8.7 Work under the base scope of the Contract should be substantially completed by

________________________.

8.8 The CONTRACTOR shall be responsible for coordination of its site activities with the Owner and

other contractors that may be working on-site, to minimize interference with ongoing operations and to meet the project completion deadline.

ARTICLE 9-SPECIAL PROVISIONS 9.1 Actual quantities which are subject to unit rates shall be tabulated by CONTRACTOR and

reconciled with the ENGINEER on a daily basis. The CONTRACTOR shall not be reimbursed for unit rate work performed without the prior approval of quantities by the

ENGINEER. 9.2 Copies of weigh slips, receipts, bills of lading, manifests, recycling/disposal documentation and

other such original documentation shall be submitted for verification of quantities by the ENGINEER prior to issuance of final payment.

9.3 OWNER shall furnish to the CONTRACTOR up to three copies of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies will be furnished, upon request, at the cost of production.

9.4 If requested by the OWNER or ENGINEER, the CONTRACTOR shall submit a detailed breakdown of all bid prices within ten (10) working days of Notice of Award and prior to initiation of Work. Such breakdown of bid prices, subject to approval of ENGINEER, shall form the basis for adjustments to the contract price, if any.

9.5 The OWNER reserves the right to increase or decrease the quantity of Work. Should such reduction

be made in the quantities of work originally called for, the CONTRACTOR shall have no claim for loss of anticipated profits for that portion of the Work omitted.

9.6 In the event of conflict between the Drawings and Specifications or within themselves, the priority of

documents outlined in Article 4.5 of the General Conditions shall apply. 9.7 Any Subcontractor under contract with CONTRACTOR to perform work on the project shall

indemnify and hold OWNER and ENGINEER harmless, and purchase and maintain such comprehensive general liability and other insurance as will provide protection from claims set forth in Article 5.3 of the General Conditions.

9.8 The insurance required by Article ii of the General Conditions shall provide coverage for not less

than the amounts specified in the Insurance Requirements Section of the Information for Bidders. 9.9 This Contract is subject to all laws of the United States of America and the Commonwealth of

Massachusetts and all amendments thereto; where any requirements contained herein do not conform to such statutes governing the work to be performed under this Contract, the laws shall govern. Statutes, and portions of statutes, set forth hereunder shall be construed to include all amendments thereto effective as of the date of execution of this Agreement. No responsibility shall be assumed for errors and/or omissions in the statutes reproduced herein.


IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by the ENGINEER/CONSULTANT on their behalf. This Agreement will be effective on __________________________________, 2008. CITY OF DERBY CONTRACTOR By _______________________ By _______________________ Title ______________________ Title ______________________ Address for giving notices Address for giving notices

_______________________________________ ________________________________

_______________________________________ ________________________________

_______________________________________ ________________________________

CF-1 O:\3700s\3703 - Derby Demo\Contract Documents\Contract Forms.doc

NOTICE OF AWARD

Date: __________________, 2008 TO:_________________________________________________________

(BIDDER) ADDRESS: ___________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ PROJECT: _____________________________ CLIENT’S CONTRACT NO. ______________ CONTRACT FOR Demolition of Four City Owned Buildings You are hereby notified that your Bid dated _______________________, 2008 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for

_____________________________________________________________________________

_____________________________________________________________________________ (Indicate total Work, alternates, or sections or Work awarded)

The Contract Price of your contract is ____________________________________________________________________ Dollars ($ ______________ ) Three copies of each of the proposed Contract Documents (except drawings) accompany this Notice of Award. Three sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by: _____________________ 2008. 1. You must deliver to the CLIENT, three fully-executed counterparts of the Agreement including all the

Contract Documents. This includes the triplicate sets of Drawings. Each of the Contract Documents must bear your signature on the Form of Contract Agreement (Page CA-5).

2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions

to Bidders. 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle the CLIENT to consider your bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.


Within three days after you comply with the above conditions, CLIENT will return to you one fully signed counterpart of the Agreement with Contract Documents attached.

CITY OF DERBY

By: _______________________________________

(Authorized Signature) _______________________________________

(Title)

ACCEPTANCE OF THE AWARD

_______________________________________ (CONTRACTOR) By: _______________________________________

(Authorized Signature) _______________________________________

(Title) _______________________________________

(Date) COPY to ENGINEER


NOTICE TO PROCEED

Date: ___________________, 2008 TO:___________________________________________________ (Contractor) ADDRESS: _____________________________________________

_____________________________________________

_____________________________________________

PROJECT:_____________________________ CLIENT’S CONTRACT NO. _____________ CONTRACT FOR ______________________________________________________________________________ You are notified that the Contract Times under the above contract: will commence to run on ___________ 2008. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement, the dates of the Substantial Completion are _____________________, 2009 for the Base Work under this Contract and six weeks after notification by ENGINEER to perform Contingent Work in the spring/summer of 2009. Before you may start any Work at the site Article 11 of the General Conditions provides that you and CLIENT must each deliver to the other (with copies to ENGINEER and other identified additional insureds) certificates which each is required to purchase and maintain in accordance with Contract Documents. Also, before you may start any Work at the site, you must: ____________________________________________________________________________________________________________________________________________________________________________________________

CITY OF DERBY By: ___________________________________

(Authorized Signature) ______________________________________

(Title)

ACCEPTANCE OF THE AWARD _______________________________________

(CONTRACTOR)

By: _______________________________________ (Authorized Signature)

_______________________________________ (Title)

COPY to ENGINEER _______________________________________ (Date)


CHANGE ORDER (Instructions on next page) Change Order No. _____ PROJECT: __________________________ DATE OF ISSUANCE ________________ EFFECTIVE DATE ____________________ CLIENT __________________________ CLIENT’s Contract No._______________ CONTRACTOR ______________________________________ ENGINEER: BETA Group, Inc. You are directed to make the following changes in the Contract Documents. Description: Reason for Change Order: Attachments: (List documents supporting change)

CHANGE IN CONTRACT PRICE:

Original Contract Price: $ _____________________________

CHANGE IN CONTRACT TIMES:

Original Contract Times: Substantial Completion: _______________ Ready for final payment: _______________ days or dates

Net changes from previous Change Orders No.__to No.__: $ _____________________________

Net change from previous Change Orders No. to No. :.

_______________________________ days

Contract Price prior to this Change Order: $ ____________________________

Contract Times prior to this Change Order: Substantial Completion: ______________________ Ready for payment: _________________________ days or dates

Net Increase (decrease) of this Change Order: $ ___________________________

Net increase (decrease) of this Change Order:

_____________________________

days Contract Price with all approved Change Orders: $ __________________________

Contract Times with all approved Change Orders: Substantial Completion:_______________________ Ready for final payment:_______________________ days or dates

RECOMMENDED: APPROVED: ACCEPTED: By: ________________________ By: ____________________ By: ___________________________ ENGINEER (Authorized Signature) CLIENT (Authorized Signature) CONTRACTOR (Authorized Signature)


CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM ENGINEER initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by CONTRACTOR, or requests from CLIENT, or both. Once ENGINEER has completed and signed the form, all copies should be sent to CONTRACTOR for approval. After approval by CONTRACTOR, all copies should be sent to CLIENT for approval. ENGINEER should make distribution of executed copies after approval by CLIENT. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply.


WORK CHANGE DIRECTIVE

(Instructions on next page) Work Change Directive No. ____ PROJECT: _____________________________________ DATE OF ISSUANCE _____________ EFFECTIVE DATE __________________ CLIENT ______________________________________ CLIENT’s Contract No._______________ CONTRACTOR _____________________________________________ENGINEER: BETA Group, Inc. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Method of determining change in Contract Price: Contract Times:

Unit Prices Contractor’s records

Lump Sum Engineer’s records

Other __________________________ Other ____________________________ Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $___________________________________ Substantial Completion: ________ days If the change involves an increase, the estimated Ready for final payment: _________days. amount is not to be exceeded without further If the change involves an increase, the estimated times authorization. are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: _____________________________________ ________________________________________ ENGINEER CLIENT

By: __________________________________ By: _____________________________________ (Authorized Signature) (Authorized Signature)


WORK CHANGE DIRECTIVE

INSTRUCTIONS _____________________________________________________________________________________________ A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a possible change in the Contract Price or the Contract Times a Field Order may be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM ENGINEER initiates the form, including a description of the items involved and attachments. Based on conversations between ENGINEER and CONTRACTOR, ENGINEER completes the following:

METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated price is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked “Not Applicable”.

METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT TIMES: Mark the method to be used in determining the change in Contract Times and the estimated increase or decrease in Contract Times, If the change involves an increase in the contract Times and the estimated times are approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the times or CONTRACTOR may stop the changed Work when the estimated times are reached. If the Work Change Directive is not likely to change the Contract Times, the space for estimated increase (decrease) should be marked “Not Applicable”.

Once ENGINEER has completed and signed the form, all copies should be sent to the CLIENT for authorization because ENGINEER alone does not have authority to authorize changes in Price or Times. Once authorized by the CLIENT, a copy should be sent by ENGINEER to CONTRACTOR. Price and Times may only be changed by Change Order signed by the CLIENT and CONTRACTOR with ENGINEER’s recommendation. Once the Work covered by this directive is completed or final cost and times are determined, CONTRACTOR should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY.


APPLICATION FOR PAYMENT Payment No. _____ To: ____________________________________________ Contract for: ____________________________________ CITY’S Contract No. ______ ENGINEER’S Project No.______________ For Work accomplished through the date of .

ITEM CONTRACTORS Schedule of Values Work Completed Unit Price Quantity Amount Quantity Amount $

$ $ $

Total (orig. Contract)

CO. No. 1 CO. No. 2

$ $

Accompanying Documentation _________________________

_________________________ _________________________ _________________________

GROSS AMOUNT DUE………………. LESS % RETAINAGE……………. AMOUNT DUE TO DATE……….......... LESS PREVIOUS PAYMENTS………. AMOUNT DUE THIS APPLICATION ..

$__________ $__________ $__________ $__________ $__________

CONTRACTOR’S Certification The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from CLIENT on account of Work done under the Contract referred to above have bee applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _________ inclusive: (2) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to CLIENT at time of payment free and clear of all liens, claims, security interest and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying CLIENT against any such lien, claim, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated _________________________ , 2008 ____________________________________

CONTRACTOR By ____________________________

(Authorized Signature) Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated _________________________ , 2008 ____________________________________

ENGINEER By ____________________________

(Authorized Signature)


CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: _______________________________________ DATE OF ISSUANCE: ______________________ CLIENT: _______________________________ CLIENT’s Contract No.____________________ CONTRACTOR: _________________________ ENGINEER: BETA Group, Inc. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: __________________________________________________________________________________________

CLIENT (Authorized Signature) And To: ______________________________________________________________________________________

CONTRACTOR (Authorized Signature) The Work to which this Certificate applies has been inspected by authorized representatives of CLIENT, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on

___________________________________________

DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within _________ days of the above Substantial Completion.

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MUNICIPAL

GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS

ARTICLE 1 GENERAL PROVISIONS

1.1 Basic Definitions GC-1 1. 1 .1 The Contract Documents GC-1 1.1.2 The Contract GC-1 1.1.3 The Work GC-1 1.1.4 The Project GC-1 1.1.5 The Drawings GC-1 1.1.6 The Specifications GC-1 1.1.7 The Project Manual GC-2 1.2 Execution, Correlation And Intent GC-2 1.3 Ownership And Use Of Consultant’s Drawings, GC-2

Specifications And Other Documents 1.4 Capitalization GC-3

ARTICLE 2 OWNER

2.1 Definition GC-4 2.2 Information And Services Required Of The Owner GC-4 2.3 Owner’s Right To Stop The Work GC-4 2.4 Owner’s Right To Carry Out The Work GC-5

ARTICLE 3 CONTRACTOR

3.1 Definition GC-6 3.2 Review Of Contract Documents and Field Conditions By Contractor GC-6 3.3 Supervision And Construction Procedures GC-6 3.4 Labor And Materials GC-7 3.5 Warranty GC-7 3.6 Taxes GC-8 3.7 Permits, Fees And Notices GC-8 3.8 Allowances GC-8 3.9 Superintendent GC-9 3.10 Contractor’s Construction Schedules GC-9 3.11 Documents And Samples At The Site GC-9 3.12 Shop Drawings, Data And Samples GC-9 3.13 Use Of Site GC-10 3.14 Cutting and Patching GC-10 3.15 Clean Up GC-11 3.16 Access To Work GC-11 3.17 Royalties And Patents GC-11 3.18 Indemnification GC-11

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ARTICLE 4 ADMINISTRATION OF THE CONTRACT

4.1 Consultant GC-13 4.2 Consultant’s Administration Of The Contract GC-13 4.3 Claims And Disputes GC-15 4.3.1 Definition GC-15 4.3.2 Decision of Consultant GC-15 4.3.3 Time Limits on Claims GC-16 4.3.4 Continuing Contract Performance GC-16 4.3.5 Waiver of Claims: Final Payment GC-16 4.3.6 Claims for Concealed or Unknown Conditions GC-16 4.3.7 Claims for Additional Cost GC-16 4.3.8 Claims for Additional Time GC-17 4.3.9 Injury or Damage to Person or Property GC-17 4.4 Resolution Of Claims And Disputes GC-17 4.5 Priority Of Contract Documents GC-18

ARTICLE 5 SUBCONTRACTORS

5.1 Definitions GC-19 5.2 Award Of Subcontracts And Other Contracts For GC-19 Portions Of The Work 5.3 Subcontractual Relations GC-20 5.4 Contingent Assignment Of Subcontracts GC-20 ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 Owner’s Right To Perform Construction And To Award Separate Contracts GC-21 6.2 Mutual Responsibility GC-21 6.3 Owner’s Right To Clean Up GC-22

ARTICLE 7 CHANGES IN THE WORK

7.1 Changes GC-23 7.2 Change Orders GC-24 7.3 Change Directives GC-24 7.4 Minor Changes In The Work GC-25

ARTICLE 8 TIME

8.1 Definitions GC-26 8.2 Progress And Completion GC-26 8.3 Delays And Extension Of Time GC-26

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ARTICLE 9 PAYMENTS AND COMPLETION

9.1 Contract Sum GC-28 9.2 Schedule Of Values GC-28 9.3 Applications For Payment GC-28 9.4 Certificates For Payment GC-29 9.5 Decisions To Withhold Certification GC-29 9.6 Progress Payments GC-30 9.7 Failure Of Payment GC-34 9.8 Substantial Completion GC-34 9.9 Partial Occupancy Or Use GC-35 9.10 Final Completion And Final Payment GC-35

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

10.1 Safety Precautions And Programs GC-37 10.2 Safety Of Persons And Property GC-37 10.3 Emergencies GC-38

ARTICLE 11 INSURANCE AND BONDS

11.1 Contractor’s Liability Insurance GC-39 11.2 Owner’s Liability Insurance GC-40 11.3 Property Insurance GC-40 11.4 Performance Bond And Payment Bond GC-41

ARTICLE 12 CORRECTION OF WORK

12.1 Correction Of Work GC-42 12.2 Acceptance Of Nonconforming Work GC-42

ARTICLE 13 MISCELLANEOUS PROVISIONS

13.1 Governing Law GC-43 13.2 Successors And Assigns GC-43 13.3 Written Notice GC-43 13.4 Rights And Remedies GC-43 13.5 Tests And Inspections GC-43 13.6 Commencement Of Statutory Limitation Period GC-44

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination By The Contractor GC-45 14.2 Termination By The Owner For Cause GC-45 14.3 Suspension By The Owner For Convenience GC-46

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ARTICLE 15 CONTRACTOR’S ACCOUNTING REQUIREMENTS

15.1 Definitions GC-47 15.2 Maintain Records GC-47 15.3 Accounting Methods GC-48 15.4 CPA Statement GC-48

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GENERAL CONDITIONS OF CONTRACT

ARTICLE 1

GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Form of Contract Agreement between Owner and Contractor, these General Conditions of Contract, any Supplementary or other Conditions, Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Contract 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) Construction Change Directive or (4) a written order for a minor change in the Work issued by the Owner or its Consultant. Unless specifically enumerated in the Contract, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor’s bid or portions of addenda relating to bidding requirements).

1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Owner’s Consultant (“Consultant”) and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor or (3) between any persons or entities other than the Owner and Contractor. However, on behalf of the Owner, the Consultant shall be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Consultant’s duties.

1.1.3 THE WORK The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

1.1.4 THE PROJECT The Project is the total construction and services of which the Work performed under the Contract Documents may be the whole or a part, and which may include work by the Owner or by separate contractors.

1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing tile design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, standards and workmanship for the Work, and performance of related services.

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1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications.

1.2 EXECUTION, CORRELATION AND INTENT

1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Contract. If either the Owner or Contractor or both do not sign all the Contract Documents, the Consultant shall identify such unsigned Documents upon request.

1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents.

1.2.3 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 to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results.

1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

1.3 OWNERSHIP AND USE OF CONSULTANT’S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS

1.3.1 The Drawings, Specifications and other documents prepared by the Consultant are instruments of the Consultant’s service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Consultant, and unless otherwise indicated the Consultant shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of the Drawings, except the Contractor’s record set, shall be returned or suitably accounted for to the Consultant, on request, upon completion of the Work.

1.3.2 The Drawings, Specifications and other documents prepared by the Consultant, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner and Consultant. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Consultant appropriate to, and only for use in, the execution of their Work under the Contract Documents.

GC-3

All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Consultant. The Contractor agrees to defend, indemnify, and hold harmless the Owner and Consultant from and against any and all claims arising out of or related to any unauthorized use or reuse of the Drawings, Plans, or Specifications by the Contractor, its Subcontractors, Sub-subcontractors, or any party obtaining the Drawings, Plans, or Specifications by or through any of them.

1.3.3 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 Consultant’s copyright or other reserved rights.

1.4 CAPITALIZATION

1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Consultants.

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ARTICLE 2

OWNER 2.1 DEFINITION

2.1.1 The Owner is the entity identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number. The term “Owner” means the Owner or the Owner’s authorized representative.

2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall furnish surveys describing physical characteristics, legal limitations and

utility locations for the site of the Project, and a legal description of the site.

2.2.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities.

2.2.3 Information or services under the Owner’s control shall be furnished by the Owner with

reasonable promptness to avoid delay in orderly progress of the Work.

2.2.4 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work.

2.2.5 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article II (Insurance and Bonds).

2.3 OWNER’S RIGHT TO STOP THE WORK

2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.1 or persistently fails to carry out work in accordance with the Contract Documents or the instructions of the Owner or Consultant, then the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, 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 Subparagraph 6.1.3.

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2.4 OWNER’S RIGHT TO CARRY OUT THE WORK

2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or the instructions of the Owner or Consultant, and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Consultant’s additional services and expenses 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 Consultant. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

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ARTICLE 3

CONTRACTOR 3.1 DEFINITION

3.1.1 The Contractor is the person or entity identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number. The term “Contractor” means the Contractor or the Contractor’s authorized representative.

3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY

CONTRACTOR

3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Paragraph 2.2 and shall at once report to the Consultant errors, inconsistencies or omissions discovered. If the Contractor performs any activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents, without such notice to the Consultant, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction.

3.2.2 The Contractor shall take field measurements and verify conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions

discovered shall be reported to the Consultant at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract.

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 performing portions of the Work under a contract with the Contractor.

3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Consultant in the Consultant’s administration of the Contract or by, tests, inspections or approvals required or performed by persons other than the Contractor.

3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to permit subsequent

Work.

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3.4 LABOR AND MATERIALS

3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

3.4.3 No laborer, worker, mechanic, foreman or inspector working within this Commonwealth in the employ of the Contractor, Subcontractor or other person doing or contracting to do the whole or part of the Work contemplated by the contract, shall be required or permitted to work more than eight hours in any one day or more than forty-eight hours in any one week, or more than six days in any one week, except in cases of emergency.

3.4.4 Every employee under this Contract shall lodge, board and trade where and with whom he elects, and neither the Contractor nor its agents or employees shall, either directly or indirectly, require as a condition of the employment of any person that the employee shall lodge, board or trade at a particular place or with a particular person.

3.4.5 The Contractor shall pay to any reserve police officer employed by him in any city or town the prevailing rate of wage paid to regular police officers in such city or town.

3.5 WARRANTY

3.5.1 The Contractor warrants to the Owner and Consultant that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal conditions under normal usage. If required by the Consultant, the Contractor shall furnish satisfactory evidence as to the kind and quality of any materials and equipment.

3.5.2 Where products or materials are prescribed by manufacturer name, trade name, or catalog reference, the words “or approved equal” shall be understood to follow. An item shall be considered equal to the item so named or described if, in the opinion of the Consultant:

a. it is at least equal in quality, durability, appearance, strength and design; b. it performs at least equally the function imposed by the general design for the work; c. it conforms substantially, even with deviations, to the detailed requirements for items as

indicated by the specifications.

Any structural or mechanical changes made necessary to accommodate substituted equipment under this paragraph shall be at the expense of the Contractor or Subcontractor responsible for the work item.

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3.6 TAXES

3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work, or portions thereof provided by the Contractor, which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.

3.7 PERMITS, FEES AND NOTICES

3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded.

3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work.

3.7.3 It is not the Contractor’s responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shah promptly notify the Consultant and Owner in writing, and necessary changes shall be accomplished by appropriate Modification.

3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Consultant and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs.

3.8 ALLOWANCES

3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection.

3.8.2 Unless otherwise provided in the Contract Documents:

1. Materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; 2. Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts;

3. 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 and not in the allowances;

4. Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor’s costs under Clause 3.8.2.3.

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3.9 SUPERINTENDENT

3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case.

3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES

3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Consultant’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 and keep current, for the Consultant’s approval, a schedule of submittals which is coordinated with the Contractor’s construction schedule and allows the Consultant reasonable time to review submittals.

3.10.3 The Contractor shall conform to the most recent schedules.

3.11 DOCUMENTS AND SAMPLES AT THE SITE

3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes made during performance of the Work, in addition to approved Shop Drawings, Data, Samples and similar required submittals. These shall be available to the Consultant and shall be delivered to the Consultant for submittal to the Owner upon completion of the Work.

3.12 SHOP DRAWINGS, DATA AND SAMPLES

3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work.

3.12.2 Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.

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3.12.4 Shop Drawings, Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the performance specifications expressed in the Contract Documents. Review by the Consultant is subject to the limitations of Subparagraph 4.2.7.

3.12.5 The Contractor shall review, approve and submit to the Consultant Shop Drawings, Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals made by the Contractor which in the opinion of the Consultant are not required by the Contract Documents may be returned without action.

3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Data, Samples or similar submittals until the respective submittal has been approved by the Consultant. Such Work shall be in accordance with approved submittals.

3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field conditions, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Consultant’s approval of Shop Drawings, Data, Samples or similar submittals. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Data, Samples or similar submittals by the Consultant’s approval thereof.

3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Data, Samples or similar submittals, to revisions other than those requested by the Consultant on previous submittals.

3.12.10 Informational submittals upon which the Consultant is not expected to take responsive action may be so identified in the Contract Documents.

3.12.11 When professional certification of performance criteria of materials, systems, equipment, or conditions is required by the Contract Documents, the Consultant shall be entitled to rely upon the accuracy and completeness of such calculations and certifications.

3.13 USE OF SITE

3.13.1 The Contractor shall confine operations at the site to areas permitted by laws, ordinances, permits and the Contract Documents, and shall not unreasonably encumber the site with materials or equipment.

3.14 CUTTING AND PATCHING

3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly.

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3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner’s own forces or of other Contractors by cutting, patching, excavating or otherwise altering such construction by other Contractor’s or by the Owner’s own forces except with written consent of the Construction Manager, Owner and such other Contractors: such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractor or the Owner the Contractor’s consent to cutting or otherwise altering the Work.

3.15 CLEAN UP

3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials.

3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor.

3.16 ACCESS TO WORK

3.16.1 The Contractor shall provide the Owner and Consultant access to the Work in preparation and/or in progress, regardless of location.

3.17 ROYALTIES AND PATENTS

3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall defend, indemnify, and hold the Owner and Consultant harmless from any claims or 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 specifically identified by the Contract Documents. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Consultant.

3.18 INDEMNIFICATION

3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Consultant, Consultant’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) including loss of use resulting there from 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 could otherwise exist as to a party or person described in this Paragraph.

3.18.2 In claims against any person or entity indemnified under this Paragraph 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 this Paragraph 3.18 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’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.

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3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the

liability of the Consultant, its Subconsultants, and agents and employees of any of them arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.

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ARTICLE 4

ADMINISTRATION OF THE CONTRACT 4.1 CONSULTANT

4.1.1 The Consultant, or Engineer, is BETA Group, Inc., identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number. The term “Consultant” means the Consultant or the Consultant’s authorized representative.

4.1.2 Duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner and Consultant. Consent shall not be unreasonably withheld.

4.1.3 In case of termination of employment of the Consultant, the Owner shall appoint a consultant against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former Consultant.

4.2 CONSULTANT’S ADMINISTRATION OF THE CONTRACT

4.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents, and will be the Owner’s representative (1) during construction (2) until final payment is due and (3) with the Owner’s concurrence, from time to time during the correction period described in Paragraph 12.1. The Consultant will advise and consult with the Owner. The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract.

4.2.2 The Consultant will visit the site at intervals appropriate to the stage of the Work to become generally familiar with the progress and quality of the completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Consultant will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on-site observations as an architect, the Consultant will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work.

4.2.3 The Consultant will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s responsibility as provided in Paragraph 3.3. The Consultant will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Consultant 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 of any other persons performing portions of the Work. 4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Consultant. Communications by and with the Consultant’s Subconsultants shall be through the Consultant. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner.

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4.2.5 Based on the Consultant’s observations and evaluations of the Contractor’s Applications for Payment, the Consultant will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Consultant will have authority to reject Work which does not conform to the Contract Documents. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the Contract Documents, the Consultant will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Consultant 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 Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work.

4.2.7 The Consultant will review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept and performance specifications expressed in the Contract Documents. The Consultant’s action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Consultant’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 Consultant’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of any construction means, methods, techniques, sequences or procedures. The Consultant’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Consultant will prepare Change Orders and Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4.1 4.2.9 The Consultant will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner’s review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents.

4.2.10 If the Owner and Consultant agree, the Consultant will provide one or more project representatives to observe the Work. 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.

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4.2.11 The Consultant will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of either the Owner or Contractor. The Consultant’s response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Consultant shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Consultant to furnish such interpretations until 15 days after written request is made for them.

4.2.12 Interpretations and decisions of the Consultant will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Consultant will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith.

4.2.13 Whenever in the performance of its responsibilities under this Article, the Consultant is required or requested to make a decision on an interpretation of specifications in the Contract Documents, on an approval of equipment, material or any other approval, or on progress of the Work, the Consultant shall make such decision promptly and, in any event, no less than thirty days after the written submission of the matter for decision; provided that if such decision requires extended investigation and study, the Consultant shall, within thirty days after the receipt of the submission, give the party making the submission written notice of the reasons why the decision cannot be made within the thirty day period and the date by which the decision will be made.

4.3 CLAIMS AND DISPUTES

4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim.

4.3.2 Decision of Consultant. Claims, including those alleging an error or omission by the Consultant, shall be referred initially to the Consultant for action as provided in Paragraph 4.4. A decision by the Consultant, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. The decision by the Consultant in response to a Claim shall not be a condition precedent to litigation in the event (1) the position of Consultant is vacant, (2) the Consultant has not received evidence or has failed to render a decision within agreed time limits, (3) the Consultant has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Consultant or (5) the Claim relates to a mechanic’s lien.

4.3.3 Time Limits on Claims. Claims by either party, must be made 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. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order would not be considered unless submitted in a timely manner.

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4.3.4 Continuing Contract Performance. Pending final resolution of a Claim, unless otherwise agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.

4.3.5 Waiver of Claims: Final Payment. 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 I

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.

4.3.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) concealed physical conditions which differ materially from those indicated in the contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Consultant will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Consultant 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 Consultant shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Consultant has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Consultant for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Consultant, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Consultant, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner’s suspension or (7) other reasonable grounds, a Claim shall be filed in accordance with the procedure established herein.

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4.3.8 CLAIMS FOR ADDITIONAL TIME

4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary.

4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by, data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction.

4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party’s employees or agents, or of others for whose acts such party is legally liable, 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 first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8.

4.4 RESOLUTION OF CLAIMS AND DISPUTES

4.4.1 The Consultant will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Consultant expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Consultant may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim.

4.4.2 If a Claim has been resolved, the Consultant will prepare or obtain appropriate documentation.

4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Consultant’s preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Consultant, (2) modify the initial Claim or (3) notify the Consultant that the initial Claim stands.

4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Consultant, the Consultant will notify the parties in writing that the Consultant’s decision will be made within seven days. Upon expiration of such time period, the Consultant will render to the parties the Consultant’s written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor’s default, the Consultant may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.

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4.5 PRIORITY OF CONTRACT DOCUMENTS

4.5.1 If, during the performance of the Work, the Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall so report to the Owner in writing at once and before proceeding with the affected work shall obtain a written interpretation or clarification from the Owner. The Owner will promptly investigate the matter. Until such interpretation or clarification is obtained from the Owner, any work done by the Contractor which is directly or indirectly affected by same, will be at the Contractor’s risk and the Contractor shall bear all resultant costs or delays.

4.5.2 In resolving conflicts, errors or discrepancies, the Contract Documents shall be given preferences as may be reasonably inferred by the Owner as being consistent with their overall intent and required to produce the intended result. Subject to such determination by the Owner, the Contract Documents shall be given preference in the following order: Change Orders, Agreement, Notice to Proceed, Notice of Award, Addenda, Supplementary Conditions, General Conditions of Contract, General Requirements, Division 2 through 16 of the Specifications and Drawings, Advertisement for Bids, Instructions to Bidders, the Contractor’s Bid, Qualification Submittals, Bonds, Insurance Certificates.

4.5.3 If the issue of priority involves Divisions 2 through 16 of the Specifications and the Drawings, in all cases, figured dimensions shall govern over scaled dimensions, but work not dimensioned shall be as directed by the Owner, and work not particularly shown, identified, sized, or located shall be the same as similar parts that are shown or specified. Detail Drawings shall govern over general Drawings, larger scale Drawings take precedence over smaller scale Drawings, Change Order Drawings govern over Contract Drawings, and Contract Drawings govern over Shop Drawings. In all cases where notes, specifications, dimensions, diagrams, details or schedules in the Specifications and the Drawings, conflict, the higher performance requirement shall be furnished by the Contractor, unless otherwise directed by the Owner.

4.5.4 If the issue of priority is due to a conflict or discrepancy between the provisions of the Contract Documents and any referenced standard specification, manual, or code of any technical society, organization or association, the provisions of the Contract Documents will take precedence if they are more stringent or presumptively cause a higher level of performance. If there is any conflict or discrepancy between standard specifications, manuals, or codes of any technical society, organization or association, or between Laws or Regulations, the higher performance requirement shall be binding on the Contractor, unless otherwise directed by the Owner.

4.5.5 In accordance with the intent of the Contract Documents, the Contractor accepts the fact that compliance with the priority order specified shall not justify an increase in Contract Price or an extension in Contract Time nor limit in any way, the Contractor’s responsibility to comply with all Laws and Regulations at all times.

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ARTICLE 5

SUBCONTRACTORS 5.1 DEFINITIONS

5.1.1 Except as any be otherwise provided in Sub-subparagraph 9.6.11, a Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a separate contractor or subcontractors of a separate contractor.

5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.

5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE

WORK

5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Consultant 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 Consultant will promptly reply to the Contractor in writing stating whether or not the Owner or the Consultant, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Consultant to reply promptly 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 Consultant has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection.

5.2.3 If the Owner or Consultant has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Consultant has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum 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 change a Subcontractor, person or entity previously selected if the Owner or Consultant makes reasonable objection to such change.

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5.3 SUBCONTRACTUAL RELATIONS

5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and Consultant. Each subcontract agreement shall preserve and protect the rights of the Owner and Consultant 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 proviued 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-sub-contractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall 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 Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and

2. Assignment is subject to the prior rights of the surety, if any, obligated under bond

relating to the Contract.

5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted.

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ARTICLE 6

CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE

CONTRACTS

6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay, or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided elsewhere in the Contract Documents.

6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Contract.

6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised.

6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.

6.2 MUTUAL RESPONSIBILITY

6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents.

6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Consultant apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to report shall constitute an acknowledgment that the Owner’s or separate contractors’ 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 Costs caused by delays or by improperly timed activities or defective work shall be borne

by the party responsible therefor.

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6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed work or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5.

6.2.5 Claims and other disputes and matters in Question between the Contractor and a separate contractor shall be subject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations.

6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER’S RIGHT TO CLEAN UP

6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Consultant determines to be just.

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ARTICLE 7

CHANGES IN THE WORK 7.1 CHANGES

7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.

7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Consultant; a Change Directive requires agreement by the Owner and Consultant 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 Consultant alone.

7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or order for a minor change in the Work.

7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Change Directive 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.

7.1.5 If, during the progress of the Work, the Contractor or the Owner discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those or indicated in the Contract Documents, either the Contractor or the Owner may request an equitable adjustment in the contract price of the Contract applying to Work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a Contractor, or upon its own initiative, the Owner shall make an investigation of such physical conditions, and, if they differ substantially or materially from those indicated in the Contract Documents or from those ordinary encountered and generally recognized as inherent in work of the character provided for in the Contract Documents and are of such a nature as to cause an increase or decrease in the cost of performance of the Work or a change in the construction methods required for the performance of the Work which results in an increase or decrease in the cost of the Work, the Owner shall make an equitable adjustment in the contract price and the Contract shall be modified in writing accordingly.

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7.2 CHANGE ORDERS

7.2.1 A Change Order is a written instrument prepared by the Consultant and signed by the Owner, Contractor and Consultant, stating their agreement upon all of the following:

1. A change in the Work;

2. The amount of the adjustment in the Contract Sum, if any; and

3. The extent of the adjustment in the Contract Time, if any.

7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3.

7.3 CHANGE DIRECTIVES

7.3.1 A Construction Change Directive is a written order prepared by the Consultant and signed by the Owner and Consultant, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order.

7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods:

1. mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 2. unit prices stated in the Contract Documents or subsequently agreed upon; 3. cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or 4. as provided in Subparagraph 7.3.6.

7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Consultant of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time.

7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.

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7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Consultant on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Subparagraph 7.3.3.3; the Contractor shall keep and present, in such form as the Consultant may, prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following:

1. Costs of labor, including social security, old age and unemployment insurance,

fringe benefits required by agreement or custom, and workers’ or workmen’s compensation insurance;

2. Costs of materials, supplies and equipment, including cost of transportation,

whether incorporated or consumed;

3. Rental costs of machinery and equipment, exclusive of hand tools, Whether rented from the Contractor or others;

4. Costs of premiums for all bonds and insurance, permit fees, and sales, use or

similar taxes related to the Work; and

5. Additional costs of supervision and field office personnel directly attributable to the change.

7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Consultant. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.

7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Consultant for determination.

7.3.9 When the Owner and Contractor agree with the determination made by the Consultant concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order.

7.4 MINOR CHANGES IN THE WORK

7.4.1 The Consultant will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly.

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ARTICLE 8

TIME 8.1 DEFINITIONS

8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work.

8.1.2 The date of commencement of the Work is the date established in the Contract. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible.

8.1.3 The date of Substantial Completion is the date certified by the Consultant in accordance with Paragraph 9.8.

8.1.4 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.

8.2 PROGRESS AND COMPLETION

8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Contract the Contractor confirms that the Contract Time is a reasonable period for performing the Work.

8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article II to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic’s liens and other security interests.

8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.

8.3 DELAYS AND EXTENSIONS OF TIME

8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Consultant, 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 arbitration, or by other causes which the Consultant determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Consultant may determine.

8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3.

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8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. 8.3.4 The Contractor hereby agrees that the Contractor shall have no claim for damages of any kind against the Owner or the Consultant on account of any delay in the commencement of the Work or any hindrance, delay or suspension of any portion of the Work, whether such delay is caused by the Owner, the Consultant, or otherwise, except as and to the extent expressly provided under applicable State law in the case of written order by the Owner. The Contractor acknowledges that the Contractor’s sole remedy for any such delay or suspension will be an extension of time as provided in this Article. 8.3.5 (a) The owner may order the Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as it may determine to be appropriate for the convenience of the Owner; provided, however, that if there is a suspension, delay or interruption for fifteen days or more, or due to a failure of the Owner to act within the time specified in this Contract, the Owner shall make an adjustment in the contract prices for any increase in the cost of performance of this Contract but shall not include any profit to the Contractor on such increase; and provided further, that the Owner shall not make any adjustment in the contract price under this provisions for any suspension, delay, interruption or failure to act to the extent that such is due to any cause for which this Contract provided for an equitable adjustment of the contract price under any other contract provisions. (b) The Contractor must submit the amount of a claim under provision (a) of this Subparagraph to the Owner in writing as soon as practicable after the end of the suspension, delay, interruption or failure to act and, in any event, not later than the date of final payment under this Contract and, except for costs due to a suspension order, the Owner shall not approve any costs in the claim incurred more than twenty days before Contractor notified the Owner in writing of the act or failure to act involved in the claim. (c) In the event a suspension, delay, interruption or failure to act of the Owner increases the cost of performance to any Subcontractor, that Subcontractor shall have the same rights against the Contractor for payment for an increase in the cost of his performance as provisions (a) and (b) of this Subparagraph give the Contractor against the Owner, but nothing in provisions (a) and (b) shall in any way change, modify or alter any other rights which the Contractor or the Subcontractor may have against each other.

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ARTICLE 9

PAYMENTS AND COMPLETION 9.1 CONTRACT SUM

9.1.1 The Contract Sum is stated in the Contract and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.

9.2 SCHEDULE OF VALUES

9.2.1 Before the first Application for Payment, the Contractor shall submit to the Consultant a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Consultant may require. This schedule, unless objected to by the Consultant, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

9.3 APPLICATIONS FOR PAYMENT

9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Consultant an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be supported by such data substantiating the Contractor’s right to payment as the Owner or Consultant may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.

1. Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders.

2. Such applications may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason.

9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor-poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site 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 applicable insurance, storage and transportation to the site for such materials and equipment stored off the site.

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9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificate for Payment have been previously issued and payments received form the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.

9.4 CERTIFICATES FOR PAYMENT

9.4.1 The Consultant will, within 14 days after receipt of the Contractor’s Application for Payment. either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Consultant determines is properly due, or notify the Contractor and Owner in writing of the Consultant’s reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1.

9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Consultant to the Owner, based solely on the Consultant’s observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Consultant’s knowledge, information and belief, 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 minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Consultant. 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 Consultant 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 Consultant may decide not to certify payment and advise the Owner to withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Consultant’s opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Consultant is unable to certify payment in the amount of the Application, the Consultant will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Consultant cannot agree on a revised amount, the Consultant will promptly issue a Certificate for Payment for the amount for which the Consultant is able to make such representations to the Owner. The Consultant may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Consultants opinion to protect the Owner from loss because of:

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1. Defective Work not remedied;

2. Third party claims filed or reasonable evidence indicating probable filing of such claims;

3. Failure of the Contractor to make payments properly to Subcontractors or for

labor, materials or equipment;

4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;

5. Damage to the Owner or another contractor;

6. 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 delays; or

7. Persistent failure to carry out the Work in accordance with the Contract

Documents.

9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld.

9.6 PROGRESS PAYMENTS

9.6.1 After the Consultant has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Consultant.

1. Within fifteen days after receipt from the Contractor, at the place designated by the

Owner if such a place is so designated, or an itemized Application for Payment in accordance with Subparagraph 9.3 requesting payment of the amount due for the preceding month, the Owner will make a progress payment to the Contractor for the Work performed during the preceding month and for the materials not incorporated in the Work but delivered and suitably stored at the site (or some location agreed upon in writing) to which the contractor has title or to which a Subcontractor has title and has authorized the Contractor to transfer title to the Owner, less (1) a retention based on its estimate of the fair value of its claims against the Contractor and less (2) a retention for direct payments to Subcontractors based on demands for same in accordance with the provisions of Subparagraph 9.2, and less (3) a retention not exceeding five percent of the approved amount of the progress payment. After the receipt of an itemized Application for Payment in accordance with Subparagraph 9.3 requesting final payment, and within sixty-five days after (a) the Contractor fully completes the Work or substantially completes the Work so that the value of the Work remaining to be done is, in the estimate of the Owner, less than one percent of the original contract price, or (b) the Contractor substantially completes the Work and the Owner takes possession for occupancy, whichever comes first, the Owner shall pay the contractor the entire balance due on the contract less (1) a retention based on its estimate of the fair value of its claims against the Contractor and of the cost for completing the incomplete and unsatisfactory items of Work and less (2) a retention for direct payments to Subcontractors based on demands for same in accordance with the provisions of Sub-subparagraphs 9.6.2.1 through 9.6.2.12 or based on the record of payments by the Contractor to the Subcontractors under this Contract if such record of payment indicates that the Contractor has not paid Subcontractors as provided in Sub-subparagraph 9.6.2.1 through 9.6.2.12. If the Owner fails to make payment as herein provided, there shall be added to each such

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payment daily interest at a rate of three percentage points above the rediscount rate when charged by the Federal Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the Contractor; provided, that no interest shall be due, in any event, on the amount due on an itemized Application for Payment for final payment until fifteen days after receipt of such Application for Payment from the Contractor, at the place designated by the Owner if such a place is so designated. The Contractor agrees to pay to each Subcontractor a portion of any such interest paid in accordance with the amount due each Subcontractor.

2. The Owner may make the changes in any itemized Application for Payment submitted by the Contractor, and the payment due on said Application for Payment shall be computed in accordance with the changes so made, but such changes or any requirement for a corrected Application for Payment shall not affect the due date for the progress payment or the date for the commencement of interest charges on the amount of the progress payment computed in accordance with the changes made, as provided herein; provided, that the Owner may, within seven days after receipt, return to the Contractor for correction, any itemized Application for Payment which is not in the required form or which contains computations not arithmetically correct and, in that event, the date of receipt of such Application for Payment shall be the date of receipt of the corrected Application of Payment in proper form and with arithmetically correct computations. The date of receipt of an Application for Payment received on Saturday shall be the first working day thereafter.

3. All itemized Applications for Payment shall be submitted to the Consultant in

accordance with Subparagraph 9.3, and the date of receipt by the Consultant shall be marked on the Application for Payment. All itemized Applications for Payment shall contain a separate item for each filed subtrade and each subsubtrade listed in sub-bid form as required by specifications and a column listing the amount paid to each subcontractor and Sub-subcontractor as of the date the Application for Payment is filed. The person making payment for the Owner shall add the daily interest provided for herein to each payment for each day beyond the due date based on the date of receipt marked on the itemized Application for Payment.

4. A certificate of the Consultant to the effect that the Contractor has fully or

substantially completed the Work shall, subject to the provisions of Subparagraph 4.6.2, be conclusive for the purposes of this Subparagraph 9.6.1.

9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor’s portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor’s portion of The Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner.

1. Forthwith after the Contractor receives payment on account of an itemized

Application for Payment, the Contractor shall pay to each Subcontractor the amount paid for the labor performed and the materials furnished by that Subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the Subcontractor by the Contractor.

2. No later than the sixty-fifth day after each Subcontractor substantially completes

its Work in accordance with the Contract Documents, the entire balance due

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under the subcontract less amounts retained by the Owner as the estimated cost of completing the incomplete and unsatisfactory items of Work, shall be due the Subcontractor; and the Owner shall pay that amount to the Contractor. The Contractor shall forthwith pay to the Subcontractor the full amount received from the Owner less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the Subcontractor by the Contractor.

3. Each payment made by the Owner to the Contractor pursuant to Sub-

subparagraphs 9.6.2.1 and 9.6.2.2 for the labor performed and the materials furnished by a Subcontractor shall be made to the Contractor for the account of that Subcontractor; and the Owner shall take reasonable steps to compel the Contractor to make each such payment to each such Subcontractor. If the Owner has received a demand for direct payment from a Subcontractor for any amount which has already been included in a payment to the Contractor or which is to be included in a payment to the Contractor for payment to the Subcontractor as provided in Sub-subparagraphs 9.6.2.1 and 9.6.2.2, the Owner shall act upon the demand as provided in Subparagraph 9.6.2.

4. If, within seventy days after the Subcontractor has substantially completed the

subcontract Work, the Subcontractor has not received from the Contractor the balance due under the subcontract including any amount due for extra labor and materials furnished to the Contractor, less any amount retained by the Owner as the estimated cost of completing the incomplete and unsatisfactory items of Work, the Subcontractor may demand direct payment of that balance from the Owner. The demand shall be by a sworn statement delivered to or sent by certified mail to the Owner, and a copy shall be delivered to or sent by certified mail to the Contractor at the same time. The demand shall contain a detailed breakdown of the balance due under the subcontract and also a statement of the status of completion of the subcontract Work. Any demand made after substantial completion of the subcontract Work shall be valid even if delivered or mailed prior to the seventieth day after the Subcontractor has substantially completed the subcontract Work. Within ten days after has delivered or so mailed the demand to the Owner and delivered or so mailed a copy to the Contractor, the Contractor may reply to the demand. The reply shall be by a sworn statement delivered to or sent by certified mail to the Owner and a copy shall be delivered to or sent by certified mail to the Subcontractor at that same time. The reply shall contain a detailed breakdown of the balance due under the Subcontract including any amount due for extra labor and materials furnished to the Contractor and the amount due for each claim made by the Contractor against the Subcontractor.

5. Within fifteen days after receipt of the demand by the Owner, but in no event prior to the seventieth day after substantial completion of the subcontract Work, the Owner shall make direct payment to the Subcontractor of the balance due under the subcontract, including any amount due for extra labor and materials furnished to the Contractor, less any amount (i) retained by the Owner as the estimated cost of completing the incomplete or unsatisfactory items of Work, (ii) specified in any court proceedings barring such payment, or (iii) disputed by the Contractor in the sworn reply; provided, that the Owner shall not deduct from a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required by Sub-subparagraph 9.6.2.4. The Owner shall make further direct payment to the Subcontractor forthwith after the removal of the basis for deductions from direct payments made as provided in parts (i) and (ii) of the Sub-subparagraph.

6. The Owner shall forthwith deposit the amount deducted from a direct payment as

provided in part (iii) of Sub-subparagraph 9.6.2.5 in an interest-bearing joint

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account in the names of the Contractor and the Subcontractor in a bank located in the same state as the project, as selected by the Owner or as agreed upon by the Contractor and the Subcontractor, and Owner shall notify the Contractor and the Subcontractor of the date of the deposit and the bank receiving the deposit. The bank shall pay the amount in the account, including accrued interest, as provided in an agreement between the Contractor and the Subcontractor, or as determined by decree of a court of competent jurisdiction.

7. All direct payments and all deductions from demands for direct payments deposited in an interest-bearing account or accounts in a bank pursuant to Sub-subparagraph 9.6.2.6 shall be made of amounts payable to the Contractor at the time of receipt of a demand for direct payment from a Subcontractor and out of amounts which later become payable to the Contractor and in the order of receipt of such demands from the Subcontractors. All direct payments shall discharge the obligation of the Owner to the Contractor to the extent of such payment.

8. The Owner shall deduct from payments to a contractor amounts which, together with the deposits in interest-bearing accounts pursuant to Sub-subparagraph 9.6.2.6, are sufficient to satisfy all unpaid balances of demands for direct payment received from Subcontractors. All such amounts shall be earmarked for such direct payments, and the Subcontractors shall have a right in such deductions prior to any claims against such amounts by creditors of the Contractor.

9. If the Subcontractor does not receive payment as provided in Sub-subparagraph

9.6.2.1, or if the Contractor does not submit an itemized Application for Payment for the value of the labor materials performed or furnished by the Subcontractor and the Subcontractor does not receive payment for same when due less the deductions provided for in Sub-subparagraph 9.6.2.1, the Subcontractor may demand direct payment by following the procedure in Sub-subparagraph 9.6.2.4, and the Contractor may file a sworn reply as provided in that same Sub-subparagraph. A demand made after the first day of the month following that for which the Subcontractor performed or furnished the labor and materials for which the Subcontractor seeks payment shall be valid even if delivered or mailed prior to the time payment was due on an Application for Payment from the Contractor. Thereafter the Owner shall proceed as provided in Sub-subparagraphs 9.6.2.5 through 9.6.2.8.

10. Any assignment by a Subcontractor of the rights under this section to a surety

company furnishing a bond under the provisions of applicable State laws shall be invalid. The assignment and subrogation rights of the surety to amounts included in a demand for direct payment which are in the possession of the Owner or which are on deposit pursuant to Sub-subparagraph 9.6.2.6 shall be subordinate to the rights of all Subcontractors who are entitled to be paid under this section and who have not been paid in full.

11. “Subcontractor” as used in Sub-subparagraphs 9.6.2.1 through 9.6.2.13 shall mean a person who files a sub-bid or who is approved by the Owner in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the Contractor.

12. Any enforcement by a contractor or a Subcontractor of a claim to any portion of the amount of a demand for direct payment deposited as provided in Sub-subparagraph 9.6.2.6 shall be by a petition in equity in the superior court against the other and the bank shall not be a necessary party. Any enforcement by a Subcontractor of a claim for direct payment or a right to require a deposit as

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provided in Subparagraph 9.6.2.6 shall be by a petition in equity in the superior court against the Owner and the Contractor shall not be a necessary party. Any petition filed by a Contractor or Subcontractor under this Sub-subparagraph shall be subject to the provisions of applicable State laws.

9.6.3 Neither the Owner nor Consultant shall have an obligation to pay or see to the payment of money to a Subcontractor, Sub-subcontractor, or material supplier except as many otherwise be provided in Subparagraph 9.6.2.

9.6.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.

9.7 FAILURE OF PAYMENT

9.7.1 If the Consultant does not issue a Certificate for Payment, through no fault of the Contractor, within 14 days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within 30 days after the date established in the Contract Documents the amount certified by the Consultant, then the Contractor may, upon 14 additional days’ written notice to the Owner and Consultant, 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 shutdown, delay and start-up, which shall be accomplished as provided in Article 7.

9.8 SUBSTANTIAL COMPLETION

9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.

9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Consultant a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly, to complete and correct items on the list. 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. Upon receipt of the Contractor’s list, the Consultant will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Consultant’s inspection discloses any item, whether or not included on the Contractor’s list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Consultant. The Contractor shall then submit a request for another inspection by the Consultant to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Consultant will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shah commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.

9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by, the Contractor and certification by the Consultant, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents.

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9.8.4 In addition to the provisions of this Subparagraph 9.8, the rights and obligations of each of the parties to this Contract upon Substantial Completion of the Work or a designated portion thereof, shall be governed by the requirements of applicable State laws.

9.9 PARTIAL OCCUPANCY OR USE

9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in Writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work dnd 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 Consultant as provided under Subparagraph 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 Consultant.

9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Consultant shall jointly inspect the area to be occupied or portion Work to be used in order to determine and record the condition of the Work.

9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.

9.10 FINAL COMPLETION AND FINAL PAYMENT

9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Consultant will promptly make such inspection and, when the Consultant finds the Work acceptable under the Contract Documents and the Contract fully performed, the Consultant will promptly issue a final Certificate for Payment stating that to the best of the Consultant’s knowledge, information and belief, and on the basis of the Consultant’s observations 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 said final Certificate is due and payable. The Consultant’s final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled.

9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Consultant (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

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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 attorney’ fees.

9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Consultant so confirms, the Owner shall, upon application by the Contractor and certification by the Consultant, 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 Consultant 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. The making of final payment shall constitute a waiver of claims by the Owner as provided in Subparagraph 4.3.5.

9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5.

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ARTICLE 10

PROTECTION OF PERSONS AND PROPERTY

10.1 SAFETY PRECAUTIONS AND PROGRAMS

10.1.1 The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.

10.1.2 In the event the Contractor encounters on the site hazardous materials in types or in quantities unexpected under the Contract Documents, the Contractor shall immediately report the condition to the Owner and Consultant in writing.

10.2 SAFETY OF PERSONS AND PROPERTY

10.2.1 The Contractor shall take reasonable precautions for, and shall provide reasonable protection to prevent 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.

10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.

10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities.

10.2.4 When storage of or exposure to hazardous materials or equipment are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.

10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 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 Clauses 10.2.1.2 and 10.2.1.3. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Article 3.

10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site to act as health and safety coordinator.

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10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety.

10.2.8 The Work is on and/or adjacent to a site which contains or may contain hazardous materials on the surface and/or subsurfaces. Therefore, in performance of the Work, Contractor shall, as a minimum, satisfy all Federal, state and local statutes, regulations and ordinances regarding health and safety, including, but not limited to OSHA 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response, Interim Final Rule, U.S. Department of Labor, Occupational Safety and Health Administration, current edition.

10.3 EMERGENCIES

10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7.

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ARTICLE 11

INSURANCE AND BONDS 11.1 CONTRACTOR’S LIABILITY INSURANCE

11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations 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’ or workmen’s compensation, disability benefit and other

similar employee benefit acts which are applicable to the Work to be performed; 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees;

3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees;

4. Claims for damages insured by usual personal injury liability coverage which

are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by, the Contractor, or (2) by another person;

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 the contamination, spread, or disposal of pollution or hazardous materials; and 8. Claims involving contractual liability insurance applicable to the Contractor’s obligations under Paragraph 3.18.

11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment.

11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph

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11.2 OWNER’S LIABILITY INSURANCE

11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner’s liability insurance unless specifically required by the Contract Documents.

11.3 PROPERTY INSURANCE

11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto, for the entire Work at the site on a replacement cost basis without voluntary 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 Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property, required by this Paragraph Il .3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work.

1. Property insurance shall be on an all-risk policy form and shall insure against the

perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any compensation for Consultant’s services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents.

2. If the Owner does not intend to purchase such property insurance required by the

Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub-contractors 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, then the Owner shall bear all reasonable costs properly attributable thereto.

3. Unless otherwise provided in the Contract Documents, this property insurance

shall cover equipment stored off the site after written approval of the Owner at the value established in the approval, and also equipment or materials in transit.

11.3.2 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 Consultant, its Subconsultants, 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 perils to the extent covered by property insurance obtained pursuant to this Paragraph 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 Consultant, it’s Subconsultants, separate contractors described in Article 6, if any, and 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

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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.

11.3.3 The Owner as fiduciary shall have power to adjust and settle a loss with insurers.

11.4 PERFORMANCE BOND AND PAYMENT BOND

11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract.

11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made.

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ARTICLE 12

CORRECTION OF WORK 12.1 CORRECTION OF WORK

12.1.1 The Contractor shall promptly correct Work rejected by the Consultant or failing to conform to the requirements of the Contract Documents either observed before or after Substantial Completion. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the Consultant’s services and expenses made necessary thereby.

12.1.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.1.2 shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition.

12.1.3 The Contractor shall remedy portions of the Work which are not in accordance with the requirements of the Contract Documents and are not accepted by the Owner.

12.1.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 2.4.

12.1.5 Nothing contained in this Paragraph 12.1 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Subparagraph 12.1.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.

12.2 ACCEPTANCE OF NONCONFORMING WORK

12.2.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its correction, in which case the Contract Sum will he reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

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ARTICLE 13

MISCELLANEOUS PROVISIONS

13.1 GOVERNING LAW

13.1.1 This Contract is subject to all laws of the United States of America and the State and locality of jurisdiction, and all amendments thereto, and where any requirements contained herein do not conform to such statutes governing the work to be performed under this Contract, the laws shall govern. Statutes and portions of statutes, set forth hereunder, shall be construed to include all amendments thereto effective as of the date of issuance of the Notice of Bidders of the Proposed Work. No responsibility shall be assumed for errors and/or omissions in the statutes reproduced herein.

13.2 SUCCESSORS AND ASSIGNS

13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other parties in respect to covenants, agreements and obligations contained in the Contract Documents. 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.

13.3 WRITTEN NOTICE

13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity, or to any officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice.

13.4 RIGHTS AND REMEDIES

13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.

13.4.2 No action or failure to act by the Owner or Consultant shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder.

13.5 TESTS AND INSPECTIONS

13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at the appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Consultant timely notice of when and where such inspections are to be made so the Consultant may observe such procedures.

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13.5.2 If the Consultant, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Consultant shall, 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 Consultant of when and where the tests and inspections are to be made so the Consultant may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3.

13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Consultant’s services and expenses.

13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Consultant.

13.5.5 If the Consultant is to observe tests, inspections or approvals required by the Contract Documents, the Consultant will do so promptly and, where practicable, at the normal place of testing.

13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.

13.6 COMMENCEMENT OF STATUTORY LIMITATION PERIOD

13.6.1 As between the Owner and Contractor:

1. Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion;

2. Between Substantial Completion and Final Certificate for Payment. As to acts or

failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the Final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and

3. After Final Certificate for Payment. As to acts or failures to act occurring after the

relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor.

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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 90 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons:

1. Issuance of an order of a court or other public authority having jurisdiction;

2. An act of government, such as a declaration of national emergency, making

material unavailable;

3. Because the Consultant has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1; or

4. If repeated suspensions, delays or interruptions by the Owner as described in

Paragraph 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.

14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days written notice to the Owner and Consultant, terminate the Contract and recover from the Owner payment for Work executed. The Contractor shall not be entitled to damages for lost or expected profits.

14.1.3 If the Work is stopped for a period of 90 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner’s obligation’s 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 Consultant, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2.

14.2 TERMINATION BY THE OWNER FOR CAUSE

14.2.1 The Owner may terminate the Contract if the Contractor:

1. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;

2. Fails to make payment to Subcontractors for materials or labor in accordance with

the respective agreements between the Contractor and the Subcontractors;

3. Persistently disregards laws, ordinances, or rules, regulations or orders of Public Authorities having jurisdiction; or

4. Otherwise is guilty of substantial breach of a provision of the Contract Documents.

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14.2.2 When any of the above reasons exist, the Owner, upon certification by the Consultant that sufficient cause exists to justify such action, may without prejudice to any other rights and remedies of the Owner and after giving the Contractor and the Contractor’s Surety, if any, seven days’ written notice, terminate the Contractor and may, subject to any prior rights of the surety:

1. Take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor;

2. Accept assignment of subcontracts pursuant to Paragraph 5.4; and

3. Finish the Work by whatever reasonable method the Owner may deem expedient.

14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.

14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Consultant’s services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Consultant, upon application, and this obligation for payment shall survive termination of the Contract.

14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE

14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine.

14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interruption. 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 this Contract.

14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee.

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ARTICLE 15 15.1 DEFINITIONS

The words defined herein shall have the meaning stated below whenever they appear in this Article 15.

15.1.1 “Records” means books of original entry, accounts, checks, bank statements and all other banking documents, correspondence, memoranda, invoices, computer printouts, tapes, discs, papers and other documents or transcribed information of any type, whether expressed in ordinary or machine language.

15.1.2 “Independent Certified Public Accountant” means a person duly registered in good standing and entitled to practice as a certified public accountant under the law of the place of his or her residence or principal office and who is, in fact, independent. In determining whether an accountant is independent with respect to a particular person, appropriate consideration should be given to all relationships between the accountant and that person or any affiliate thereof. Determination of an accountant’s independence shall not be confined to the relationships existing in connection with the filing of reports with the awarding authority.

15.1.3 “Audit” when used in regard to financial statements, means an examination of records by an independent certified public accountant in accordance with generally accepted accounting principles and auditing standards for the purpose of expressing a certified opinion thereon, or, in the alternative, a qualified opinion or a declination to express an opinion for stated reasons.

15.1.4 “Accountant’s Report”, when used in regard to financial statements, means a document in which an independent certified public accountant indicates the scope of the audit which he or she has made and sets forth his or her opinion regarding the financial statements take as whole with listing of noted exceptions and qualifications, or an assertion to the effect that an overall opinion cannot be expressed. When an overall opinion cannot be expressed, the reason therefor of assigned statement by the responsible corporate officer attesting that management has fully disclosed all material facts to the independent certified public accountant, and that the audited financial statement is a true and complete statement of the financial condition of the Contractor.

15.1.5 “Management”, when used herein, means the chief executive officers, partners, principals, or other person or persons primarily responsible for the financial and operational policies and practices of the Contractor.

15.1.6 Accounting terms, unless otherwise defined herein, shall have a meaning in accordance with generally accepted accounting principles and auditing standards.

15.2 MAINTAIN RECORDS

15.2.1 For at least six years after final payment, the Contractor shall make, and keep books, records, and accounts which, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the Contractor.

15.2.2 Until the expiration of six years after final payment, the Owner, office of inspector general, and the deputy commissioner of capital planning and operations shall have the right to examine any books, documents, papers or records of the Contractor or of its Subcontractors that directly pertain to, and involve transactions relating to, the Contractor or its Subcontractors.

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15.2.3 The Contractor shall describe to the Owner any change in the method of maintaining records or recording transactions which materially affect any statements filed with the Owner, including in its description the date of the change and reasons therefor, and shall accompany said description with a letter from the Contractor’s independent certified public accountant approving or otherwise commenting on the changes.

15.2.4 The Contractor shall file a statement of management on internal accounting controls as set forth in Paragraph 15.3 below prior to the execution of the contract.

15.2.5 The Contractor shall file prior to the execution of the contracts, and continue to file annually, an audited financial statement for the most recent completed fiscal year as set forth in Paragraph 15.5 below.

15.3 ACCOUNTING METHODS

15.3.1 The Contractor shall file with the Owner a statement of management as to whether the system of internal accounting controls of the Contractor and its subsidiaries reasonably assures that:

(1) Transactions are executed in accordance with management’s general and specific

authorization;

(2) Transactions are recorded as necessary:

(i) To permit preparation of financial statements in conformity with generally accepted accounting principles, and

(ii) To maintain accountability for assets;

(3) Access to assets is permitted only in accordance with management’s general or specific authorization; and

(4) The recorded accountability for assets is compared with existing assets at

reasonable intervals and appropriate action was taken with respect to any difference.

15.4 CPA STATEMENT

15.4.1 Contractor shall also file with the Owner a statement prepared and signed by an independent certified public accountant, stating it has examined the statement of management on internal accounting controls, and expressing an opinion as to:

(1) Whether the representations of management in response to this paragraph and

Paragraph 15.2 above are consistent with the result of management’s evaluation of the systems of internal accounting controls; and

(2) Whether such representations of management are, in addition, reasonable with

respect to transactions and assets in amounts which would be material when measured in relation to the applicant’s financial statements.

End of General Conditions of Contract

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SUPPLEMENTAL CONDITIONS

Time for Completion and Sequence of Work A. The Work that the Contractor is required to perform under the Contract shall be

commenced at the time stipulated by the Owner in the Notice to Proceed and shall be completed as indicated in the Contract Documents.

B. The Work shall be done in stages and in the required order as necessary to meet the

various time and construction requirements; if the work lags materially behind schedule, Contractor shall provide additional work crews to accomplish the Work by the indicated completion date.

C. Before beginning any portion of the Work, the Contractor shall give the Owner and

Engineer a minimum of 48 hours’ prior notice. D. Should the Contractor be delayed in the commencement, prosecution or completion of

the Work by any act or failure to act on the part of the Owner, or Engineer, or any other cause beyond the Contractor’s control, none of which are due to any fault, neglect, act or omission on its part, then the Contractor shall be entitled to an extension of time if the claim is made, therefore, as provided in Subparagraph 4.3.8. of the General Conditions; such extension to be for a period equivalent to the time lost by reason of any and all of the aforesaid causes, as determined by the Owner and shall be the Contractor’s sole remedy. In no event will the Contractor be entitled to any costs of damages, either direct or consequential, as a result of any such delay or disruption in the commencement, prosecution, performance or completion of its Work.

Permits & Notifications The Contractor will be responsible for obtaining all necessary permits to complete the Work, and will provide verbal and written notification to the appropriate agencies, including the police and the local fire department for the Work at the Site and if hydrant access is needed. The Contractor shall provide fire and/or police details, as necessary. The Contractor will be responsible for submitting copies of all permits and correspondence with the regulatory agencies to the Engineer. Note that most of the utility company notifications and isolation of utility connections have already been performed. The names and contact information for pertinent Utility Company representatives, along with copies of utility shut-off confirmation letters will be provided to the Contractor after award of the Bid. Responsibility of Contractor Except as otherwise specifically stated in the Contract Documents and Technical Specifications, the Contractor shall provide and pay for all materials, permits, labor, tools, equipment, water, light, heat, power, transportation, superintendent, temporary construction of every nature, charges, levies, fees, insurance, bonds, or other expenses, and all other services and facilities of every nature whatsoever necessary for the performance of the Contract and deliver all Work embraced in this Contract complete in every respect within the specified time.

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Submittals

The Contractor shall submit to the Engineer all permits and all other manufacturer’s information related to this Contract. The submittals shall include, but are not limited to, the following items:

1. Project Schedule for review and approval by the Owner and Engineer. 2. Certificates of insurance, naming the Parties identified in the Insurance section as

Additional Insureds”.

3. Copies of all permits required for performance of the Work. 4. Other such submittals identified in these Contract Documents.

Skilled Labor and Employees The Contractor shall furnish the Owner such information relating to Contractor’s employees assigned to the work as the Owner may from time to time request. If any person employed on the work is insubordinate or appears to the Owner to be incompetent, unfaithful, or disorderly, such person shall be discharged immediately on the demand of the Owner and shall not be again employed on the Work without approval of the Owner. Cooperation The Contractor shall allow the Owner, its agents, and other Contractors and public service corporations, or their agents, to enter upon the work for the purpose of maintaining, repairing, removing, altering, or replacing utilities, pipes, sewers, conduits, manholes, wires, poles, building structures, or other site features, as are now located or may be required, at or on the subject property. The Contractor shall cooperate with all of the aforesaid parties and shall allow reasonable access for the prosecution of any other work by the Owner or others needed to be done in connection with the Work. Cooperation and coordination between Contractor and the Owner, its agents, other contractors, and public service corporations shall be provided at no additional cost to the Owner. Delays resulting from such coordination shall in no way be considered cause for additional compensation or extension of the time limits established herein. Communications A. All notices, demands, requests, instructions, approvals, proposals, and claims must be in

writing.

B. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor stated on the signature page of the Agreement (or at such other office as the Contractor may from time to time designate in writing to the Owner), or if deposited in the United States mail in a sealed postage prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to such office.

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C. All papers required to be delivered to the Owner shall, unless otherwise specified in writing to the Contractor, be delivered to the Engineer. Any notice or demand upon the Owner shall be sufficiently given if so delivered, or if deposited in the United States mail in a sealed, postage prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission to said Owner, or to such other address as the Owner may subsequently specify in writing to the Contractor for such purpose.

D. Any such notice shall be deemed to have been given as of the time of actual delivery or

(in the case of mailing) when the same should have been received in due course of post, or in the case of telegrams at the time of actual receipt, as the case may be.

Storage Facilities A. The Contractor and any Subcontractors shall maintain temporary storage facilities on the

respective demolition sites as are necessary for the Work. These shall be located so as to cause no interference to any work to be performed on the site. The Owner shall be consulted with regard to temporary storage locations.

B. Upon completion of the Work, or as directed by the Owner, the Contractor shall remove

all such temporary structures and facilities from the site, same to become his property, and leave the premises in the condition required by the Contract Documents.

Emergency Work Force During days when inclement weather prevents scheduled work from being accomplished, or in the event of any emergency resulting from the Contractor’s operation, the Contractor shall have available on an "on-call" basis an emergency work force whose purpose will be to maintain the construction site in a safe, condition and to protect the Work from damage, as directed by the Owner. Hours of Work and Night, Saturday, Sunday, or Holiday Work A. Work on this Project is restricted to a normal eight (8) hour day, five (5) day week, with

the Contractor and any Subcontractors working the same shift. Normal working hours are to be between 8:00 A.M. and 5:00 P.M., unless additional hours are authorized by the Owner. The Contractor may request additional hours from the Owner and Engineer at least 48 hours prior to the need for the additional hours. In the event of emergency work already in progress that will run later than 5:00 P.M., the Contractor shall promptly notify the Owner to make provisions for evening work.

B. Except as may be specified in permits issued by the Owner, no night, Saturday, Sunday,

or holiday work requiring the presence of the Owner and/or Engineer’s representative(s) or an Inspector will be permitted, and then only to such an extent as is absolutely necessary with the approval of the Owner.

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Utilities Overhead electric lines, fire hydrants, catch basins and other utilities located in the vicinity of the Work shall be protected during the course of the Work. Access to the Site and Site Security

The Contractor will be provided access to the Site by the Owner and Contractor will be required to secure the Site and their materials and equipment at the end of each working day. General Protection A. The Contractor shall at his/her own expense protect any equipment that may be stored on

the site. The Contractor shall provide lights and barriers and take all other precautions that may be necessary to protect life and property. The Contractor shall be responsible for all damages resulting from any neglect or failure on their part to protect the Site and/or the public.

B. At the end of each work day ate each of the respective work locations, the Contractor

shall provide a temporary fence around active work areas. The Contractor shall notify the Police Department of the work being conducted and make arrangements with the Police Department, if additional security measures become necessary.

C. The Contractor shall furnish and maintain suitable fencing and/or security personnel

during the course of the work, as necessary, to protect the public from any unsafe conditions.

Analysis of Contract Price If so requested by the Owner or Engineer, the Contractor shall furnish a satisfactory breakdown of all unit price and lump sum bid items submitted by the Contractor, separately stating the principal elements making up each price or sum. At the option of the Owner, this analysis may be used in preparing estimates for payments to the Contractor, and/or for calculating adjustments to the lump sum or unit price bid prices if the actual quantities encountered in the Work deviate by more than 10% of the estimated quantities. Emergency Addresses and Telephone Numbers

The Contractor shall furnish the Owner, in writing, the names, addresses and telephone numbers of members of their organization to be contacted in the event of an off-hour emergency at the Site. Inspections and Tests

The Owner, its agent or designee and the Engineer in connection with the Work shall at all times have the right to enter the premises upon which any work under the Contract is being conducted. The Contractor shall furnish all reasonable facilities and give ample time for such inspection. The Contractor also shall furnish all reasonable access for viewing the Work to the Owner and its

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representatives, the Engineer, and to authorized representatives of regulatory agencies and/or City officials having jurisdiction with respect to the Work. Weather Conditions A. The Contractor shall take all necessary precautions for conducting the Work and keep the

materials and the completed work protected from weather conditions. Methods used for protection of work and materials shall meet with the approval of the Owner and/or Engineer.

B. In case of severe weather, the Owner shall have the right to delay or suspend any portion

of the work; for such period or periods as may be deemed necessary because of conditions beyond the control of the Contractor. No work shall be suspended or delayed without approval or order of the Owner. The Work shall be resumed when conditions so warrant as ordered by the Owner.

C. No additional compensation shall be due to the Contractor because of delays caused by

severe weather conditions. D. The Contractor shall furnish all the necessary labor, materials, and equipment; shall take

all necessary precautions; and shall assume the entire cost of handling all water resulting from intense storms or floods which may be encountered at any time during the construction of the work. The manner of providing against any damage to the Work during construction from such causes shall be left to the discretion of the Contractor; and the cost of all work to prevent such damage, or to replace work damaged to the satisfaction of the Owner shall be included in the contract prices.

Site Clean Up A. After the completion of the work, the Contractor shall remove all temporary structures

and equipment furnished by the Contractor, all debris, and all surplus materials of any kinds from the site work, and shall dispose of them in a manner satisfactory to the Owner. The premises shall be left clean, presentable and satisfactory.

B. The Contractor shall repair all damages caused to streets, drives, curbs, sidewalks, fences,

poles, pavement and the like outside the limits of the Work, where disturbed or damaged by site operations and leave them in as good condition after completion of the work as before operations started.

C. No separate compensation for any of the above described work or materials will be

allowed, it being agreed and understood that payment for the above described work and materials shall be included in the prices bid for the items of work in the Bid submittal.

Site Conditions A. The Contractor shall be deemed to have inspected the work site and shall accept the area

as the Contractor finds it and shall inform itself of the character and type of work to be performed above ground level. The Owner assumes no responsibility for unforeseen conditions arising during the execution of Work under the terms of the Contract, and is relying on the Contractor’s inspection of the site conditions.

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B. No claim for extra compensation or extension of time will be allowed for the Contractor’s

failure to comply with these requirements nor will any condition at the Site, whether or not in agreement with conditions shown or called for on the Bid or Contract Documents, be allowed as a basis for such claims, except as otherwise specifically provided.

Indemnification The Contractor shall assume all responsibility for the work and take all precautions for preventing injuries, including but not restricted to inevitable injuries, to persons and property in or about the work; shall bear all losses resulting to them on account of the amount or character of the work. The Contractor shall protect and indemnify the Owner and the Engineer and all of its and their officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order of decree, whether by himself or his employees or subcontractors. The Contractor shall pay or cause payment to be made for all labor performed or furnished and for all materials used or employed in carrying out this Contract. The Contractor shall assume the defense of, and indemnify and save harmless, the Owner and Engineer and their officers and agents from all claims relating to labor performed or furnished and materials used or employed for the work; to inventions, patents and patent rights used in doing the work, to injuries to any person or corporation received or sustained by or from the Contractor and their employees and subcontractors of any improper materials, implements or labor used or employed therein; and to any act, omission or neglect of the Contractor and their employees therein.

END OF SECTION

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MEASUREMENT AND PAYMENT 1.01 GENERAL REQUIREMENTS 01.1 Under the total price bid for the project, the CONTRACTOR shall furnish all material,

equipment and labor to perform all operations necessary to complete the work specified herein. All supervision, overhead items, protection and precautions and all other costs incidental to the demolition and construction work, complete and as specified, shall be included.

01.2 A complete finished job as intended by the general nature of these specifications shall be

produced whether or not any particular wording or direction is inadvertently omitted or not clearly stated.

01.3 The CONTRACTOR shall summarize all site activities and quantities involved in the

work on a work sheet each day to be submitted to and resolved with the ENGINEER at the end of each day.

01.4 Measurement for payment for lump sum items will be on the basis of percentage of work

complete. 01.5 Measurement for payment for unit price items will be on the basis of actual quantity,

installed in the work, as determined by ENGINEER. Payment for unit price items shall be made based upon the actual quantities of work performed, submitted on an approved invoice, and approved by ENGINEER.

01.6 Measurement for payment for hourly/daily/weekly items will be based on the time

actually worked on-site. Time spent traveling to and from the Site and any other time such as preparation for Site activities must be included as part of the mobilization activities.

1.02 MEASUREMENT OF QUANTITIES 02.1 Measurement by Weight: Measurement shall be by the ton as determined at a USDOT-certified weigh station, prior

to delivery to off-site recycling/disposal/reuse facilities. 02.2 Measurement by Volume: For solid and other bulk wastes, measurement shall be determined on the basis of cubic

yards charged for disposal by the disposal facility, as verified by actual certified receipts provided by the approved disposal facility.


The following payment terms relate to individual Items included in the Bid: BASE BID ITEMS Item 1 – Winter Mobilization and Demobilization Under the fixed maximum lump sum bid price for this Item, the CONTRACTOR shall provide the following:

• Payment and performance bonds required under this Contract.

• Insurance in the amounts specified in these Contract Documents.

• Notifications and permits required to perform the Work under the Contract.

• Site-specific Health and Safety Plan.

• Site Security Plan.

• Fabrication, installation and maintenance of Project Sign – See sign requirements on

Exhibit I.

• All submittals required under this Contract, not specifically paid for under other bid items.

• Temporary facilities, including but not limited to erosion controls, sanitary facilities and all site preparation work not specifically included under other bid items.

• Attending a pre-construction conference and weekly progress meetings over the duration

of construction.

• Mobilization and demobilization of all labor, materials, and equipment necessary to perform the Work under this Contract, and not covered under a separate Item.

• Clean up of Work area, including all trash, debris, and excess construction and

demolition debris materials.

• Restoration of all disturbed areas of the grounds and pavement to equal or better condition.

Measurement for payment will be made on the basis of percent complete for this Item, as determined by Engineer. Payment for this Item will be considered full compensation for all labor, materials, and equipment required to complete the Work under this Item.


Item 2 –Abatement and off-site management of all regulated building materials (including ACBM and hazardous materials) at 36 Lafayette Street, 44 Lafayette Street, 96 & 98 Olivia Street Under the lump sum bid price for this Item, CONTRACTOR shall remove and manage off-site all regulated building materials, as defined in the Asbestos and Other Regulated Building Materials Reports for the respective buildings to be demolished, included as Attachments A through G. Specifically, this Item includes the following:

• Installation and maintenance of work zone enclosures required under Section 02080.

• Proper removal, containerization, transportation, and proper off-site disposal of all asbestos containing materials, including floor tiles, waterproofing, thermal pipe insulation, boiler and other equipment gaskets and other asbestos containing materials indicated in the referenced report at an appropriately licensed disposal facility. Includes exterior stockpiles of miscellaneous ACBM.

• Removal, containerization, transportation, and proper off-site management of all fluorescent light bulbs and ballasts.

• Removal, containerization, transportation and proper off-site management of all hazardous building materials, including miscellaneous containers of regulated materials, and PCB and mercury containing items.

• Removal, containerization, transportation and proper off-site management of all transite siding.

• All personal air monitoring.

• Submittal of all waste shipment records, manifests and other pertinent transportation and disposal documentation.

Measurement for payment will be made on the basis of percent complete for this Item, as determined by ENGINEER. Payment for this Item will be made at the lump sum bid price and will be considered full compensation for all labor, materials, and equipment required for proper removal, containerization, transportation, and disposal of all hazardous and special waste materials identified on the Site. The lump sum bid specified for this Item shall apply to the quantity indicated in the report included as Attachment B, unless the actual total quantity encountered in the Work deviates by more than 10%. Release of final payment for this Item will be made upon receipt of appropriate disposal documentation, including certified weigh slips and manifests. Work enclosure inspections, baseline air sampling and clearance air sampling will be performed by Owner’s designated on-site representative.


Item 3 – Demolition and Off-Site Management of Recyclable Building Materials and Solid Wastes – 36 & 44 Lafayette Street and 96/98 Olivia Street Under the lump sum bid price for this item, the Contractor shall supply all labor, equipment, materials, tools, and other items necessary for the proper completion of the work as outlined in the selected specifications. The work shall include the following:

• City of Derby Demolition Permit (see Demolition Checklist included as Exhibit J).

• Verify that all utilities serving the buildings have been physically disconnected in accordance with City requirements. Most, if not all, utility connections have been disconnected and pertinent documentation will be provided to the Demolition Contractor.

• Work area preparation, including pre-clearing, erection of protective barriers, fall protection, designated walkways, etc.

• Demolition of all site buildings with extended reach excavation equipment (or approved equal), and appropriate disposal, recycle or reuse of all C&D materials in accordance with applicable environmental regulations.

• Dust control throughout the duration of the Project. No visible air emissions will be permitted; therefore, water and/or other means of dust control will be required during active periods of demolition.

• Remove and appropriately dispose/recycle all building contents, including solid wastes, C&D debris and recyclable building materials at appropriately licensed receiving/processing/disposal facilities. Includes exterior stockpiles of miscellaneous debris, solid wastes and recyclable materials.

• Submission of shipment records, manifests, and other pertinent transportation and disposal/recycle documentation for all recyclable building materials, white goods, solid wastes and C&D debris.

• Protection of concrete and/or masonry retaining walls and base slabs, where directed by Engineer, to help maintain stability of adjacent structures, fences, sidewalks, roadways, above and below grade utilities, and other adjacent site features.

• Clean up of Work area, including all trash debris, excess construction and demolition debris materials.


Measurement for payment will be made on the basis of percent complete for this Item, as determined by ENGINEER Payment for this Item will be made at the lump sum bid price and will be considered full compensation for all labor, materials, and equipment required for proper demolition, removal, containerization, transportation, and disposal, reuse, or recycling of all buildings, building materials, and other waste items identified on the Site. Payment for this Item will be considered full compensation for all labor, materials, and equipment required to complete all demolition tasks. Release of 5% retainage for this Item will be made upon receipt of appropriate disposal documentation, including certified weigh slips, manifests and other relevant documentation.


Item 4 – Furnish & Install Suitable Granular Material Under the unit price bid price for each item, the CONTRACTOR shall supply all labor, equipment, materials, tools, and other items necessary for the proper completion of the work as outlined in the technical specifications. The work shall include the following:

• Provision, placement and compaction of common fill and run-of-bank gravel, as directed by the ENGINEER, to supplement on-site reuse of crushed asphalt, brick, and concrete building materials used to backfill basements and/or subgrade areas disturbed under this Contract, whether under the base or contingent Bid Items. Final grade to match existing surrounding grades, as directed by ENGINEER, to promote proper site drainage.

• Dust control.

• Moisture control during backfilling.

• Submission of name and address of borrow source(s), clean fill certificates, shipping documentation that verifies quantities, and other pertinent information defined in the technical specifications.

• Temporary stabilization of all disturbed surfaces with erosion control blankets and/or other acceptable measures, until site restoration activities can take place in the Spring/Summer of 2009.

Measurement for payment will be made on the basis of actual cubic yards of each type of granular materials delivered and placed at the site, as verified by shipping documents and actual delivery receipts provided by the borrow source. Payment for this Item will be made at the respective unit price bid prices for each type of granular material furnished under this contract, and will be considered full compensation for all related labor, materials, supplies and equipment. Payment for this Item will be considered full compensation for all labor, materials, and equipment required to provide granular materials under this Contract. CONTINGENT BID ITEMS Item 5 – Spring Mobilization /Demobilization Under the fixed maximum lump sum bid price for this Item, CONTRACTOR shall provide the following under the Spring Mobilization Bid Item:

• Notifications and permits required to perform the Work under the Contingent Bid Items.

• Site-specific Health and Safety Plan.

• Site Security Plan – 42 Fifth Street.

• All submittals required under this Contract, not specifically paid for under other bid items.

• Temporary facilities, including but not limited to erosion controls, sanitary facilities and all site preparation work not specifically included under other bid items.

• Attending a pre-construction conference and weekly progress meetings over the duration

of construction.


• Mobilization and demobilization of all labor, materials, and equipment necessary to

perform the Work under this Contract, and not covered under a separate Item.

• Clean up of Work area, including all trash, debris, and excess construction and demolition debris materials.

• Restoration of all disturbed areas of the grounds and pavement to equal or better

condition.

Measurement for payment will be made on the basis of percent complete for this Item, as determined by Engineer. Payment for this Item will be considered full compensation for all labor, materials, and equipment required to complete the Work under this Item. Item 6 – Demolition and Off-Site Management of All Regulated and Recyclable Building Materials and Solid Wastes at 42 Fifth Street Under the lump sum bid price for this item, CONTRACTOR shall supply all labor, equipment, materials, tools, and other items necessary for the proper completion of the work as outlined in the selected specifications. The work shall include the following:

• City of Derby Demolition Permit (see Demolition Checklist included as Exhibit J).

• Verify that all utilities serving the building have been physically disconnected in accordance with City requirements. Most, if not all, utility connections have been disconnected and pertinent documentation will be provided to the CONTRACTOR.

• Work area preparation, including pre-clearing, erection of protective barriers, fall protection, traffic control, designated walkways, etc.

• Demolition of the site building with extended reach excavation equipment (or approved equal), and appropriate disposal, recycle or reuse of all C&D materials in accordance with applicable environmental regulations.

• Dust control throughout the duration of the Project. No visible air emissions will be permitted; therefore, water and/or other means of dust control will be required during active periods of demolition.

• Remove and appropriately dispose/recycle all building contents, including solid wastes, C&D debris and recyclable building materials at appropriately licensed receiving/processing/disposal facilities.

• Submission of shipment records, manifests, and other pertinent transportation and disposal/recycle documentation for all recyclable building materials, white goods, solid wastes and C&D debris.

• Protection of concrete and/or masonry retaining walls and base slabs, where directed by Engineer, to help maintain stability of adjacent structures, fences, sidewalks, roadways, above and below grade utilities, and other adjacent site features.

• Clean up of Work area, including all trash debris, excess construction and demolition debris materials.



Measurement for payment will be made on the basis of percent complete for this Item, as determined by ENGINEER Payment for this Item will be made at the lump sum bid price and will be considered full compensation for all labor, materials, and equipment required for proper demolition, removal, containerization, transportation, and disposal, reuse, or recycling of all buildings, building materials, and other waste items identified on the Site. Payment for this Item will be considered full compensation for all labor, materials, and equipment required to complete all demolition tasks. Release of 5% retainage for this Item will be made upon receipt of appropriate disposal documentation, including certified weigh slips, manifests and other relevant documentation. Item 7 – Abatement, Segregation and Off-Site Management of ACBM and Asbestos Containing Demolition Debris Under the unit bid price for this Item, CONTRACTOR shall remove and manage off-site all regulated building materials, as defined in the Asbestos and Other Regulated Building Materials Reports for the respective buildings to be demolished, included as Attachments A through G. Specifically, this Item includes the following:

• Installation and maintenance of work zone enclosures required under Section 02080.

• Segregation of all inert building materials, including concrete, bricks, metal items, etc., in accordance with the Alternative Work Practices approved for this project by the Connecticut Department of Public Health, and as directed by OWNER’s Designated Representative. See Exhibit K.

• Proper removal, segregation, containerization, transportation, and proper off-site disposal of all asbestos containing materials, including floor tiles, waterproofing, thermal pipe insulation, boiler and other equipment gaskets and other asbestos containing materials indicated in the referenced report at an appropriately licensed disposal facility.

• Removal, containerization, transportation, and proper off-site management of all fluorescent light bulbs and ballasts.

• Removal, containerization, transportation and proper off-site management of all hazardous building materials, including miscellaneous containers of regulated materials, and PCB and mercury containing items.

• Removal, containerization, transportation and proper off-site management of all transite siding.

• All personal air monitoring.

• Submittal of all waste shipment records, manifests and other pertinent transportation and disposal documentation.

Measurement for payment will be made on the basis of actual tons of asbestos containing building materials and asbestos contaminated C&D debris, as determined by certified weigh slips submitted to ENGINEER. Payment for this Item will be made at the unit bid price and will be considered full compensation for all labor, materials, and equipment required for proper removal, containerization,


transportation, and disposal of all hazardous and special waste materials identified on the Site. Release of final payment for this Item will be made upon receipt of appropriate disposal documentation, including certified weigh slips and manifests. Work enclosure inspections, baseline air sampling and clearance air sampling will be performed by OWNER’s designated on-site representative. Item 8 – Site Restoration Under the lump sum price bid for this Item, the CONTRACTOR shall remove all trash and debris, backfill all excavated and basement areas, and rough grade the Site so the topography matches existing drainage patterns, all as directed by ENGINEER. A 4-inch layer of topsoil shall be provided on unpaved areas of the respective sites and hydroseeding shall be performed as described in the Technical Specifications and the seed manufacturer’s written application instructions. The former building locations must be free of all construction demolition debris, wood, metal, rubbish and miscellaneous debris. Measurement for payment will be made on the basis of percent complete for this Item, as determined by the ENGINEER. Payment for this Item will be made at the lump sum bid price and will be considered full compensation for all labor, materials, and equipment required for site restoration in all disturbed areas.

End of M&P Section

TECHNICAL SPECIFICATIONS

01400-1

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SECTION 01400 - HEALTH AND SAFETY

PART 1-GENERAL

1.01 WORK INCLUDED

A. The project includes building demolition, asbestos abatement and removal of hazardous materials. Contaminants of concern are related to asbestos, airborne particulates, pigeon guano, polychlorinated biphenyls (PCBs-in light ballasts), lead paint and mercury in various lighting and electrical system components. Physical hazards include limited access areas and structurally unsafe conditions throughout the buildings.

1.02 WORKER HEALTH AND SAFETY

A. Workers involved with the management of contaminated media have the potential to be

exposed to contaminated building surfaces and water through direct contact and/or inhalation of dust.

B. Workers involved with asbestos abatement must be appropriately trained and possess current

licenses for the performance of asbestos abatement work. C. Reference is made to the worker health and safety requirements outlined in Section 02080,

Asbestos Abatement. D. Where applicable, the level of dermal and respiratory protection shall be determined based

upon the requirements of the Site-specific Health and Safety Plan (HASP). Level D personal protection shall be the minimum personal protective level for all on-site personnel. Level D personal protection includes safety glasses, gloves, boots or shoes, hardhat and coveralls (or long sleeve shirt and long pants). There will be no smoking, eating, chewing gum or tobacco, drinking, or applying cosmetics in the work area.

E. The CONTRACTOR shall maintain a copy of the Site-specific HASP at the Site during all

operations. Failure to keep a copy of the HASP on-site, or any other breach of the CONTRACTOR’S HASP, may be cause for stopping work at the cost of the CONTRACTOR. Delays caused by the CONTRACTOR’S failure to comply with applicable health and safety statutes shall not constitute a claim for additional costs to the OWNER.

1.03 SUBMITTALS

A. The Health and Safety Plan shall be submitted to the ENGINEER for approval at least three

(3) days prior to commencement of Work. Review and acceptance of the HASP Plan by the ENGINEER does not relieve the CONTRACTOR of the responsibility for attaining the required degree of protection and training, or to comply with all laws, rules, regulations, standards or guidelines in effect during the execution of the contract.

PART 2 – PRODUCTS

Not Applicable

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O:\3700s\3703 - Derby Demo\Contract Documents\Final Specs\01400-Health and Safety.doc

PART 3 - EXECUTION

3.01 GENERAL A. CONTRACTOR shall designate a Site Health and Safety Officer to implement all aspects of

the HASP. The Safety Officer, or his/her designee, shall be present on-site at all times during site work activities.

B. CONTRACTOR is solely responsible for environmental monitoring and compliance with the requirements of the HASP.

C. Any changes to the CONTRACTOR’S HASP, additional inspections by a Certified Industrial Hygienist, or measurements required by new conditions, practices or procedures shall not constitute grounds for a change in compensation under this Contract.

END OF SECTION

01500-1

O:\3700s\3703 - Derby Demo\Contract Documents\Final Specs\01500-Temporary Facilities and Controls.doc

SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS

PART 1 - GENERAL

1.01 SUMMARY A. This Section includes:

1. Temporary Utilities: electricity, lighting, heat, ventilation, water, and sanitary

facilities;

2. Temporary Construction; 3. Construction Aids; 4. Barriers and Enclosures: Barriers, enclosures, and fencing; 5. Access Roads and Parking Areas: Access roads and parking; 6. Temporary Controls: Protection of the work and dust control; 7. Field Offices and Sheds: Temporary buildings; and 8. Removal of Construction Facilities and Temporary Controls.

1.02 COORDINATION AND APPROVAL

A. Coordinate with and obtain approval of the OWNER for each temporary facility and

control, location, sequence, and schedule before starting any Work.

1.03 TEMPORARY ELECTRICITY

A. None of the subject buildings has electrical service.

B. If necessary, CONTRACTOR is responsible for providing a portable generator or temporary electric service at such location determined by local utility company (UI).

C. Provide adequate distribution equipment, wiring, and outlets to provide single-phase

branch circuits for power and lighting.

1.04 TEMPORARY WATER A. Water is not available at the building for use during abatement operations. Arrangements

shall be made with the local Water Authority for temporary water, including payment of all associated fees.

B. CONTRACTOR shall provide, maintain and pay for suitable quality water service

required for asbestos abatement and demolition operations. C. Temporary use of hydrant may be obtained at the CONTRACTOR’s expense by

contacting the City’s Water Department. If applicable, provide pipe insulation to prevent

01500-2


freezing in winter months.

1.05 TEMPORARY SANITARY FACILITIES A. Provide and maintain required sanitary facilities and enclosures.

1.06 BARRIERS AND ENCLOSURES A. Provide barriers to prevent unauthorized entry to construction areas and to protect

existing facilities and adjacent properties from damage during construction operations and demolition activities, in accordance with OSHA requirements and governing authorities having jurisdiction.

B. Protect non-owned vehicular traffic, stored materials, Site, and adjacent structures from

damage.

1.07 FENCES A. CONTRACTOR shall construct a temporary perimeter security fence around all active

work areas. Security fencing must be a minimum six feet in height and constructed of standard grade chain link. CONTRACTOR may not connect to existing fences owned by others.

1.08 SURFACE WATER CONTROL

A. Grade site to drain. B. Provide, operate, and maintain pumping equipment, if necessary. C. Protect Site from puddling or running water. Provide water barriers or sediment berms, as

required, to protect site from soil erosion. Prevent off-site migration of sediment laden storm water runoff.

D. Provide and maintain temporary silt screens, or some other suitable means to protect

existing drainage structures from receiving storm water runoff containing particulates from demolition operations.

1.09 ACCESS ROADS AND PARKING AREAS

A. Protect and maintain access to existing fire hydrants, free of obstructions. B. Provide means of removing mud and/or C&D dust from vehicle wheels before entering

streets. If so directed by ENGINEER, provide street sweeping services. C. Maintain existing paved surfaces and retaining walls at the respective demolition sites,

when directed by ENGINEER.

1.10 PROGRESS CLEANING AND WASTE REMOVAL A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and

orderly condition.

01500-3


B. Collect and remove waste materials, debris, and rubbish from Site weekly, daily if

necessary, or as directed by OWNER, and dispose off-site.

1.11 REMOVAL OF CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS A. Remove temporary utilities, equipment, facilities, and materials, prior to Substantial

Completion inspection. B. If applicable, remove underground installations. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing site features and/or facilities used or damaged during construction to

original condition.

PART 2 - PRODUCTS

Not Used.

PART 3 - EXECUTION

Not Used.

END OF SECTION

02001-1 O:\3700s\3703 - Derby Demo\Contract Documents\Final Specs\02001-Mobilization.doc

SECTION 02001 - MOBILIZATION

PART 1 - GENERAL

1.01 WORK INCLUDED A. Provide all facilities, labor, materials, tools, equipment, appliances, transportation,

supervision, and supplies necessary to complete the work under this project. The Work includes, but is not necessarily limited to:

1. Storm water and erosion control measures, as directed by ENGINEER. 2. Notification of all applicable Federal, State, and Local authorities and/or offices

prior to work initiation, as required by law and / or regulations. 3. Obtaining of required permits and performance of all required Federal, State, and

Local notifications, including payment of any and all associated fees. 4. Erosion and dust control measures. 5. All required submittals.

1.02 APPLICABLE LAWS AND REGULATIONS

A. The CONTRACTOR shall comply with all applicable rules and regulations relative to

building demolition promulgated pursuant to the National Emission Standards for Hazardous Air Pollutants (NESHAPS), administered by the U. S. Environmental Protection Agency and the Connecticut Department of Environmental Protection.

B. Notify affected utility companies before starting work and comply with their

requirements. Notify Call Before You Dig a minimum of 48 hours prior to initiation of excavation activities.

1.03 JOB SITE CONDITIONS

A. Site conditions existing at time of the pre-bid conference will be maintained by the

OWNER to the extent practicable. B. Variations of conditions or discrepancies in actual conditions, as they apply to site

operations, are to be brought to the attention of the ENGINEER prior to the commencement of any site work.

C. The use of explosives and/or wrecking ball will not be permitted. D. CONTRACTOR shall be aware that portions of the Site building are not structurally

sound. Extreme caution shall be taken when working within these areas. CONTRACTOR shall secure unsafe areas as necessary to allow access of personnel and equipment to complete the work specified herein.


1.04 SUBMITTALS

A. CONTRACTOR shall submit to the ENGINEER all required permits and all other

information related to the work to be performed under this project. Submittals shall include, but are not necessarily limited to, the items listed in the respective technical specifications.

PART 2 - PRODUCTS

Not Used.

PART 3 - EXECUTION

3.01 PROTECTION A. Conduct mobilization operations with a minimum of interference to public or private

accesses and facilities. Maintain Site access and egress at all times and clean and keep clear all roadways daily, or as required by the governing authority. At such times deemed necessary by the ENGINEER, dust control shall be provided with sprinkling systems or equipment provided by the CONTRACTOR. Care shall be taken to not interfere with naturally existing embankments and/or drainage swales and facilities during mobilization and demobilization.

B. Protect adjacent site features, including buildings, side walks, fences, benchmarks,

property corners, and all other survey monuments from damage or displacement. If a marker needs to be removed, it shall be referenced by a licensed land surveyor and replaced, as necessary, by the same.

3.02 PROJECT RECORD DOCUMENTS A. Keep on file at job site one complete set of up-to-date Contract Documents, including

drawings and specifications, addenda, testing data, change orders, field orders and other modifications.

B. Legibly record significant Site features and field changes, including physical ties, such

as:

1. Locations of subsurface utilities; 2. Locations of subsurface piping and limits of all site excavations; 3. Locations of former buildings, noting specific locations of subsurface

foundations; 4. Locations of crushed asphalt, brick, and concrete used to backfill excavations

and/or building foundations, if any;


5. Any other subsurface utilities/features encountered during the Work. C. At completion of Work, prepare Record Drawing(s) of all items. Final payment for

Project will not be made until ENGINEER reviews and approves of such Record Drawings.

3.03 SITE MAINTENANCE & CLEANUP

A. The project Site shall be maintained in a neat and orderly fashion throughout the duration

of the project. All wastes generated during construction activities shall be containerized. B. Upon completion of work, the CONTRACTOR shall remove all equipment, supplies,

excess, and waste materials, etc., and restore the site to a condition deemed satisfactory by OWNER.

3.04 SITE SECURITY

A. CONTRACTOR shall be responsible for maintaining the security of the site to protect his

own equipment, supplies and all work areas, which may pose a health or safety risk to the Public.

END OF SECTION

02060-1 O:\3700s\3703 - Derby Demo\Contract Documents\Final Specs\02060- Demolition.doc

SECTION 02060 - DEMOLITION

PART 1-GENERAL

1.01 WORK INCLUDED A. Work under this Section shall include the demolition of the existing structures, including all

appurtenances, and removal of recyclable materials and miscellaneous C&D debris at the properties located at 36 Lafayette Street, 44 Lafayette Street, 42 Fifth Street, and 96 & 98 Olivia Street, as illustrated on Figures 1 through 4.

1.02 APPLICABLE LAWS AND REGULATIONS

A. State and Local regulations require roadways, sidewalks, railroad lines, or other means of

egress; hydrants, fire lanes, or access to emergency utilities to be kept open and unobstructed at all times.

B. CONTRACTOR shall notify Call Before You Dig and the respective Utility Companies

immediately upon notification of award. Prior to demolition, the CONTRACTOR shall obtain a demolition permit from the CITY. The demolition permit requires the CONTRACTOR to provide some basic information about the property, and requires original signatures from qualified representatives from associated utility companies and OWNER agencies. OWNER to provide existing Utility Company Sign-offs. All costs and fees associated with utility notification are the responsibility of the CONTRACTOR.

C. CONTRACTOR shall immediately notify the OWNER and ENGINEER if actual or

suspected oil, hazardous material, and/or hazardous waste (OHM) beyond that identified in the Regulated Building Material Reports (Exhibits A-G) are encountered during demolition.

D. All actual or suspected oil, hazardous material, and/or hazardous waste (OHM) must be

removed and properly managed off-site prior to initiation of demolition.

1.03 ENVIRONMENTAL REQUIREMENTS A. CONTRACTOR shall not begin demolition on any structures prior to receiving

confirmation from the ENGINEER that the asbestos and lead-based paint and hazardous materials removal operations have been completed.

B. It is the preference of the OWNER and ENGINEER that construction demolition materials

be recycled whenever practical, rather than disposed of in a landfill. Recycling materials include metal, brick, concrete/concrete blocks, asphalt, white goods, rubber tires, wood, and wood wastes.


1.04 SUBMITTALS A. CONTRACTOR shall provide the ENGINEER with a list of all disposal/recycling facilities

and backfill suppliers to be used for this project prior to the start of on-site demolition operations.

B CONTRACTOR shall provide the ENGINEER with a demolition schedule at least one

week prior to the start of on-site operations. In addition, the CONTRACTOR shall notify the OWNER and ENGINEER at least 48 hours before on-site operations begin.

C. Copies of all shipping receipts for off-site disposal/recycling of demolition debris shall be

provided to the ENGINEER at least three (3) working days prior to shipment.

1.05 SITE COMMUNICATIONS

A. All communications from the Public or others not designated by the OWNER as its designated representatives shall be referred to the OWNER, in accordance with procedures outlined at the Pre-Construction Meeting.

PART 2 - PRODUCTS

Not Used

PART 3 - EXECUTION

3.01 PROTECTION A. CONTRACTOR shall secure the Site at the end of each workday. B. CONTRACTOR shall conduct operations with a minimum of interference to public or

private accesses and facilities; maintain Site access and egress at all times; and clean and keep clear all roadways daily, or as if required by the governing authority.

C. Dust control shall be provided with sprinkling systems or equipment, provided by the

CONTRACTOR. Dust control shall be performed as deemed necessary by the ENGINEER. No visible dust emissions shall be permitted during building demolition.

D. CONTRACTOR shall protect any buildings to remain, adjacent properties and facilities,

bench marks, property corners, and all other survey monuments from damage or displacement. If a marker needs to be removed, it shall be referenced by a licensed land surveyor and replaced, as necessary, by the same.

3.02 UTILITIES

A. Notify local utilities at least 72 hours, but not more than 30 days, prior to the start of on-site

operations. B. Disconnect and demolish, where appropriate, all utilities encountered on the site. The

utilities should be disconnected at service mains in accordance with requirements set forth


by the governing utility involved.

1. Water and sewer services have been disconnected and capped at the main at most locations. Verify disconnection of any “suspect” utilities, where obvious signs of capping at the street mains are not present.

2. The City’s demolition permit requires each utility servicing the Site to be

disconnected prior to obtaining the authorized signature required to obtain the permit. This insures that all governing utilities will be notified and appropriately disconnected prior to the commencement of demolition work.

C. No utility connections are to remain on-site.

3.03 CLEARING AND FILLING DEPRESSIONS A. Clearing shall include cutting, removal, and off-site disposal of trees, bushes, shrubs,

stumps, refuse, trash, soil, fencing and other incidental structures or materials within the indicated limits of the building demolition.

B. CONTRACTOR shall remove and recycle/dispose off-site of all scrap metal and solid

waste within the indicated limits of the building demolition areas.

3.04 DEMOLITION REQUIREMENTS A. Search the interior of the building for any animals or humans prior to demolition of the structure. Provide certification by licensed exterminator. B. Obtain written permission from adjacent property owners when demolition equipment will

traverse, infringe upon, or limit access to their property. C. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition

operations. Return adjacent areas to condition existing prior to start of work.

3.05 DEMOLITION A. Demolish buildings completely and remove from Site using methods as required to

complete work within limitations of governing regulations. Use of an appropriately sized extended reach excavator is required, unless otherwise approved by ENGINEER.

B Exterior asbestos roofing materials may require removal prior to general demolition.

CONTRACTOR shall be responsible for segregating such asbestos containing roofing materials (see Section 02080). Segregated asbestos containing materials shall be loaded into canisters lined with two layers of 6-mi/thickness polyethylene sheeting. The materials shall be disposed as construction and demolition debris in accordance with all state demolition regulations.

C Locate demolition equipment and remove materials so as to prevent excessive loading to

supporting walls, floors, or framing.


D. Proceed with demolition in a systematic manner from top of structure to ground and complete demolition work above each floor or tier before disturbing supporting members or lower levels.

E. All horizontal surface concrete slabs shall be protected during demolition activities. All

existing concrete base slabs shall be left in place. Steel columns shall be cut at the surface of the concrete slab, using care to chemically strip any lead based paint prior to cutting with a torch.

F. All existing bituminous asphalt and concrete surfaces shall be protected during demolition.

G. All interior and exterior trash solid waste and piles of C&D debris shall be removed,

containerized, transported, and properly disposed at an appropriately licensed disposal or recycling facility.

3.06 REMOVAL AND ABANDONMENT OF UTILITIES

A. All service lines such as water pipes, sewer pipes and the like shall be terminated in

accordance with the governing utility company. B. All existing water gates and fire hydrants located around the perimeter of the Site shall

remain. C. The existing telephone and electrical lines located at the Site shall be disconnected in

accordance with the procedures required by the governing authority.

END OF SECTION

02080-

O:\3700s\3703 - Derby Demo\Contract Documents\Final Specs\02080-Asbestos Abatement.doc

1

SECTION 02080 - ASBESTOS ABATEMENT

PART 1 - GENERAL 1.1 SCOPE

A. The work specified herein shall be the abatement of asbestos-containing materials by persons who are knowledgeable, qualified, and trained in the removal, treatment, handling, and disposal of asbestos-containing material, and the subsequent cleaning of the affected environment. The Contractor shall have a Competent Person in control on the job site at all times during asbestos abatement work. This person must comply with applicable Federal, State and Local regulations which mandate work practices, and be capable of performing the work of this contract.

B. The Contractor shall be licensed by the State of Connecticut in accordance with State of

Connecticut Regulations, Sections 20-440-1 through 9 & 20-441. The asbestos supervisor and workers shall be licensed by the State of Connecticut in accordance with State of Connecticut Regulations, Sections 20-437 and 20-438. Should any portion of the work be subcontracted, the subcontractor must also be licensed in accordance with these regulations. The licensing requirements are available from the Environmental Health Services Division, Department of Public Health, 410 Capitol Avenue, MS#51AIR, P.O. Box 340308, Hartford, CT 06134.

C. The City of Derby (Owner) will retain the services of a Project Monitor for protection of its

interests and those using the building. Pre-abatement, during abatement and post-abatement sampling will be conducted as deemed necessary.

D. Deviations from this Specification require the written approval of the City of Derby.

E. The Contractor is responsible for restoring all work areas and auxiliary areas utilized during

abatement to conditions equal to or better than original. Any damage caused during the performance of abatement activities shall be repaired by the Contractor (e.g., paint peeled off by barrier tape, nail holes, water damage, removal of ceiling tiles or concrete blocks, broken glass, etc.) at no additional expense to the Owner. The Contractor is responsible for protecting all objects in work areas that are permanent fixtures or too large to remove.

F. The Contractor shall be responsible for the following general requirements:

1. Obtain all approvals and permits, and submit all notifications required. 2. Provide, erect, and maintain all planking, bracing, shoring, barricades, and warning signs. 3. Unless otherwise specified, all equipment, fixtures, piping and debris resulting from

demolition shall become the property of the Contractor and shall be removed from the premises.

4. Materials to be reused shall be removed with the utmost care to prevent damage of any

kind. All material to be reused shall be stored as directed. The Contractor shall coordinate with the Owner Representative as to the storage location.

5. Materials not scheduled for reuse shall be removed from the site and disposed of in

accordance with all applicable Federal, State and Local requirements.

G. It shall be the responsibility of the Contractor to protect and preserve in operating condition, all utilities traversing the building and site. Damage to any utility due to work under this Contract shall be repaired to the satisfaction of the Owner at no cost to the Owner.

02080-


2

1.2 DESCRIPTION OF WORK

A. The Contractor shall supply all labor, materials, equipment, services, insurance (with specific coverage for work on asbestos), and incidentals which are necessary or required to perform the work in accordance with applicable governmental regulations and these specifications.

B. The asbestos abatement work shall include the removal of asbestos-containing materials (ACM)

as shown on the drawings and specified herein.

36 Lafayette Street – Drawing ASB1

• Contractor shall remove the asbestos-containing flooring from 36 Lafayette Street at the locations depicted on Drawing ASB1 under full containment and dispose of the removed flooring as asbestos waste.

• Contractor shall remove the asbestos-containing roofing cement from 36 Lafayette

Street at the locations depicted on Drawing ASB1 using exterior removal methods and dispose of the removed roofing as asbestos waste.

44 Lafayette Street – Drawings ASB2, ASB3, ASB4

• Contractor shall remove the asbestos-containing flooring from 44 Lafayette Street at the

locations depicted on Drawings ASB2 & ASB3 under full containment and dispose of the removed flooring as asbestos waste.

• Contractor shall remove the asbestos-containing pipe insulation, stovepipe insulation,

and boiler insulations from 44 Lafayette Street at the locations depicted on Drawings ASB2, ASB3, & ASB4 using under full containment and dispose of the removed insulations as asbestos waste.

• Contractor shall remove the asbestos-containing roofing cement from 44 Lafayette


96/98 Olivia Street – Drawings ASB5 & ASB6

• Contractor shall remove the asbestos-containing flooring from 96/98 Olivia Street at the

locations depicted on Drawings ASB5 & ASB6 under full containment and dispose of the removed flooring as asbestos waste.

• Contractor shall remove the asbestos-containing roofing cement from 96/98 Lafayette


42 Fifth Street – Drawing ASB7

• Contractor shall demolish the building at 42 Fifth Street in accordance with the attached

Alternative Work Practice. Site segregate and dispose of the components of the building into asbestos-containing waste or solid waste at the direction of the Owner’s Asbestos Inspector.

C. The asbestos abatement work shall include the following general conditions:

02080-


3

• Contractor shall remove the movable objects from each work area prior to abatement. Contractor shall remove the bathroom fixtures from bathrooms undergoing abatement prior to abatement. Contractor shall remove the cabinetry and appliances from kitchens undergoing abatement prior to abatement.

• Contractor shall provide portable pressurized water tanks to supply the water

requirements for the abatement showers and the wet removal requirements inside the asbestos abatement area. No water supply is available on site.

• Contractor shall provide a temporary power pole equipped with GFCI panel to service

the abatement equipment power requirements for 36 Lafayette Street and 44 Lafayette Street.

• Contractor shall provide a temporary power pole equipped with GFCI panel to service

the abatement equipment power requirements for 96/98 Olivia Street.

1.3 DEFINITIONS Adequately Wet - Sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet. AHERA - Asbestos Hazard Emergency Response Act - U. S. EPA regulation 40 CFR Part 763 under Section 203 of Title II of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2643. This rule mandates inspections, accreditations of persons involved with asbestos, and final air clearances following abatement in public and private schools, and public and commercial buildings. Alternative Work Practice (AWP) - Deviation from Asbestos Standards (Sections 19a-332a-1 to 19a-332a-16 inclusive). Deviation requires a written approval letter from the State of Connecticut Department of Public Health and the Owner. Asbestos - The term asbestos includes chrysotile, amosite, crocidolite, asbestiform tremolite, asbestos, anthophyllite asbestos, actinolite asbestos and any of these minerals that has been chemically treated and/or altered. Asbestos Abatement - The removal, encapsulation, enclosure, renovation, repair, demolition or other disturbance of asbestos-containing materials except activities which are related to the removal or repair of asbestos cement pipe and are performed as defined in Section 25-32a of the Connecticut General Statutes. Asbestos-Containing Material (ACM) - Any material containing more than one percent asbestos. Asbestos-Containing Waste Materials - Mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovations operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing. Asbestos Control Area - An area where asbestos abatement operations are performed which is

02080-


4

isolated by physical boundaries which assist in the prevention of the uncontrolled release of asbestos dust, fibers, or debris. Two examples of an Asbestos Control Area are a "full containment" and a "glove-bag."

Asbestos Fiber - A particulate form of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals having a length of five micrometers or longer, with a length-to-diameter ratio of at least 3 to 1.

Authorized Asbestos Disposal Facility - A location approved by the Connecticut Department of Environmental Protection for handling and disposing of asbestos waste or by an equivalent regulatory agency if the material is disposed of outside the State of Connecticut.

Category I Non-Friable Asbestos-Containing Material (ACM) -Asbestos-containing packings, gaskets, resilient floor coverings and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in Appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy. Category II Non-Friable ACM - Any material, excluding Category I non-friable ACM, containing more than 1 percent asbestos as determined using the method specified in Appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Competent Person - Individual capable of identifying existing asbestos, tremolite, anthophyllite, or actinolite hazards and corrective measures to eliminate them, as specified in 29 CFR 1926.32. The duties of the Competent Person include at least the following: establishing the pressure differential, ensuring its integrity, and controlling entry to and exit from the enclosure; supervising any employee exposure monitoring required by the standard; ensuring that all employees working within such an enclosure wear the appropriate personal protective equipment, are trained in the use of appropriate methods of exposure control, and use the hygiene facilities and decontamination procedures specified; and ensuring that engineering controls in use are in proper operating condition and are functioning properly. Concealed Space - Space which is out of sight. Examples of a concealed space include area above ceilings; below floors; between double walls; furred-in areas; pipe and duct shafts; and similar spaces. Critical Barrier - A minimum of two layers of six (6) mil polyethylene sheeting taped securely over windows, doorways, diffusers, grilles and any other openings between the Work Area and uncontaminated areas outside of the Work Area, including the outside of the building. Decontamination Enclosure System - A series of rooms separated from the Work Area and from each other by air locks, for the decontamination of workers and equipment. Demolition - The wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility. DEP - The Connecticut Department of Environmental Protection, 79 Elm Street, Hartford, CT 06106. DPH - The Connecticut Department of Public Health, 410 Capitol Avenue, MS#51AIR, P.O. Box 340308, Hartford, CT 06134.

02080-


5

Differential Pressure - A difference in the static air pressure between the Work Area and occupied areas, and is developed by the use of HEPA filtered exhaust fans. This differential is generally in the range of 0.02 to 0.04 inches of water column. Encapsulant - Specific materials in various forms used to chemically entrap asbestos fibers in various configurations to prevent these fibers from becoming airborne. There are four types of encapsulant as follows: a) Removal Encapsulant (can be used as a wetting agent). b) Bridging Encapsulant (used to provide a tough durable surface coating to asbestos-

containing material). c) Penetrating Encapsulant (used to penetrate the asbestos containing material down to

substrate, encapsulating all asbestos fibers). d) Lock-down Encapsulant (used to seal off "lock-down" minute asbestos fibers left on

surfaces from which asbestos containing materials have been removed). Encapsulation - The application of an encapsulant to asbestos-containing building materials to control the possible release of asbestos fibers into the air. Engineering Controls - Controls to include, but not be limited to, pressure differential equipment, decontamination enclosures, critical barriers and related procedures.

Equipment Decontamination Enclosure System - The portion of a Decontamination Enclosure System designed for controlled transfer of materials and equipment into or out of the Work Area, typically consisting of a Washroom and a Holding Area.

Exposed - Open to view. Finished Space - Space used for habitation or occupancy where rough surfaces are plastered, paneled or otherwise treated to provide a pleasing appearance. Fixed Critical Barrier - Barrier constructed of 2" x 4" wood or metal framing 16" O.C., with 1/2" plywood on the occupied side and two layers of six (6) mil polyethylene sheeting on the Work Area side to prevent unauthorized access or air flow. Fixed Object - A piece of equipment or furniture in the Work Area which cannot be removed from the Work Area, as determined by the Owner. Friable Asbestos Material - Material containing more than 1 percent asbestos as determined using the method specified in Appendix A, subpart F, 40 CFR part 763, Section 1, Polarized Light Microscopy, that when dry can be crumbled, pulverized or reduced to powder by hand pressure. If the asbestos content is less then 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM. Glove-Bag - A sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Properly installed and used glove bags provide a small Work Area enclosure typically used for small scale asbestos stripping operations. Information on glove-bag installation, equipment and supplies, and work practices is contained in the Occupational Safety and Health Administration's (OSHA's) final rule on occupational exposure

02080-


6

to asbestos (29 CFR 1926.1101). Glove-Bag Technique - A method with limited applications for removing small amounts of friable asbestos-containing material from HVAC ducts, short piping runs, valves, joints, elbows, and other non-planar surfaces in a non-contaminated work area. The glove-bag assembly is a manufactured or fabricated device consisting of a glove-bag (typically constructed of six (6) mil polyethylene or polyvinyl chloride plastic), two inward projecting long sleeves, an internal tool pouch, and an attached, labeled receptacle for asbestos waste. The glove-bag is constructed and installed in such a manner that it surrounds the object or material to be removed and contains all asbestos fibers released during the process.

High-efficiency particulate air (HEPA) A filter capable of trapping and retaining at least 99.97 percent of all mono-dispersed particles 0.3 microns in diameter. Lock-down - The procedure of spraying polyethylene sheeting and building materials with an encapsulant type sealant to seal in non-visible asbestos-containing residue.

Movable Object - A piece of equipment or furniture in the Work Area which can be removed from the Work Area, as determined by the Owner. Non-Friable Asbestos-containing Material - Material containing more than 1 percent asbestos as determined using the method specified in Appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, that when dry cannot be crumbled, pulverized or reduced to powder by hand pressure. Permissible Exposure Limit (PEL) - An airborne concentration of asbestos, tremolite, anthophyllite, actinolite or a combination of these minerals of 0.1 fibers per cubic centimeter (f/cc) of air calculated as an eight (8) hour time-weighted average, as determined by Phase Contrast Microscopy. Personal Monitoring - Air sampling within the breathing zone of an employee. Pre-Clean - The process of cleaning an area before asbestos abatement activities begin to ensure all dust and debris in the area considered to be asbestos-containing are properly contained and disposed of. This increases the likelihood the area will pass aggressive air sampling clearance requirements after asbestos-containing materials have been removed. Regulated Area - Area established by the employer to demarcate areas where airborne concentrations of asbestos, tremolite, anthophyllite, actinolite or a combination of these minerals exceed, or can reasonably be expected to exceed, the Permissible Exposure Limit. Regulated Asbestos-Containing Material (RACM) - (a) Friable asbestos material, (b) Category I non-friable ACM that has become friable, (c) Category I non-friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations. Renovation - Altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting members are wrecked or taken out are demolitions. Repair - Overhauling, rebuilding, reconstructing or reconditioning of structures or substrates

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where asbestos, tremolite, anthophyllite or actinolite is present. Unfinished Space - Space used for storage, utilities or work area where appearance is not a factor. Examples of an unfinished space include crawlspace; pipe tunnel and similar spaces. Visible Emissions - Any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor.

Visible Residue - Any debris or dust on surfaces in areas within the Work Area where asbestos abatement has taken place and which is visible to the unaided eye. All visible residue is assumed to contain asbestos. Waste Generator - Any owner or operator of a source whose act or process produces asbestos-containing waste material. Waste Shipment Record - The shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposition of asbestos-containing waste material. Wet Cleaning - The process of eliminating asbestos contamination from building surfaces and objects by using cloths, mops, or other cleaning tools which have been dampened with water, and afterwards thoroughly decontaminated or disposed of as asbestos-contaminated waste. Work Area - Specific area or location where the actual work is being performed or such other area of a facility which the Commissioner determines may be hazardous to public health as a result of such asbestos abatement. Worker Decontamination Enclosure System - The portion of a Decontamination Enclosure System designed for controlled passage of workers and authorized visitors, typically consisting of a Clean Room, a Shower Room and an Equipment Room.

1.4 REFERENCES

A. The current issue of each document shall govern. Where conflict among requirements or with these specifications exists, the more stringent requirements shall apply.

1. Occupational Safety and Health Administration (OSHA)

29 CFR 1910.1001 - Asbestos, Tremolite, Anthophyllite, and Actinolite. 29 CFR 1910.134 - Respiratory Protection.

29 CFR 1926.21 - Safety Training and Education

29 CFR 1926.32 - Definitions 29 CFR 1926.51 - Sanitation

29 CFR 1910.134 - Gases, Vapors, Fumes, Dusts, and Mists

29 CFR 1926.59 - Hazard Communication.

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29 CFR 1926.200 - Accident Prevention Signs and Tags.

29 CFR 1926.417 - Lockout and Tagging of Circuits. 29 CFR 1926.1101 - Asbestos

2. Environmental Protection Agency (EPA)

40 CFR 61, Subpart M - National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision; Final Rule. 40 CFR 763, Subpart E - Asbestos Hazard Emergency Response Act (AHERA). 40 CFR 763, Subpart G - Worker Protection Rule.

3. State of Connecticut, Department of Public Health Regulations (DPH)

Section 19a-332a-1 through 19a-332a-16 - Standards for Asbestos Abatement. Section 20-440-1 through 20-440-9 and 20-441 Licensure and Training.

4. American National Standards Institute (ANSI)

ANSI Z9.2 - Fundamentals Governing the Design and Operation of Local Exhaust Systems.

ANSI Z88.2 - Respiratory Protection. 5. American Society of Testing and Materials (ASTM)

ASTM E 84 - Surface Burning Characteristics of Building Materials.

ASTM E 96 - Water Vapor Transmission of Materials. ASTM E 119 - Fire Tests of Building and Construction Materials.

ASTM E 736 - Cohesion/Adhesion of Sprayed Fire-Resistive Materials Applied to Structural Members. ASTM E 1368 - Visual Inspection of Asbestos Abatement Projects.

ASTM E 1494 - Encapsulants for Spray- or Trowel-Applied Friable Asbestos-Containing Building Materials.

6. Underwriters Laboratories, Inc. (UL) UL 586 - High-Efficiency, Particulate, Air Filter Units. 1.5 DOCUMENTATION

A. Submit two copies of the following documentation to ensure compliance with the applicable regulations. An up to date copy shall be retained at the job site at all times.

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B. Manufacturer's Catalog Data:

MSDS for All Materials Delivered to the Site C. Statements: Connecticut Notifications Worker Medical Certification Worker Training Certification Worker Respirator Fit Testing Worker Asbestos Licenses OSHA Laboratory Certification Landfill Approval Safety Plan Respirator Protection Plan Initial Exposure Assessment

1. Submit notification to the following agencies at least ten (10) days before work commences on the project: a. Department of Public Health

Environmental Health Section 450 Capitol Avenue, MS#51AIR P.O. Box 340308 Hartford, CT 06134-0308

2. Copies of all required notifications, approvals and permits for the removal, disposal and

transport asbestos-containing or contaminated materials.

3. Documentation from a physician certifying that all employees who may be exposed to airborne asbestos in excess of the background level have been provided with an opportunity to be medically monitored to determine whether they are physically capable of working while wearing the respirator required without suffering adverse health affects. In addition, document that personnel have received medical monitoring required in 29 CFR 1926.1101. They shall also be informed of the specific types of respirators the employee shall be required to wear and the work he/she will be required to perform as well as special work place conditions such as high temperature, high humidity and chemical contaminants which to which he/she may be exposed.

4. Documentation certifying that all employees have received training in the proper

handling of materials that contain asbestos; understand the health implications and risks involved, including the illnesses possible from exposure to airborne asbestos fibers; understands the use and limits of respiratory equipment to be used; and understands the results of monitoring of airborne quantities of asbestos as related to health and respiratory equipment as indicated in 29 CFR 1926.1101 on an initial and annual basis.

5. Documentation of respiratory fit testing for all employees who must enter the Work Area.

This fit testing shall be in accordance with qualitative procedures as detailed in 29 CFR 1926.1101.

6. Qualifications of the person proposed for air sampling to assure workers are using

appropriate respiratory protection in accordance with OSHA Standard 1926.1101.

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Include the name and address of the testing laboratory proposed to perform air sample analysis on behalf of the Contractor, along with their NIOSH PAT Program I.D. number.

7. Establish and supervise in accordance with 29 CFR 1926.21, a program for the education

and training of workers in the recognition, avoidance and prevention of unsafe conditions and the regulations applicable to the work environment to control or eliminate any hazards or other exposure to illness or injury. Include any site specific information to address health and safety procedures unique to this project.

8. Establish a written Respiratory Protection Plan in accordance with 29 CFR 1910.134.

This plan shall establish procedures governing the selection and use of respirators and shall include such information as training in the proper use of respirators; medical examination of workers to determine whether or not they may be assigned an activity where respiratory protection is required; training in proper use and limitations of respirators; respirator fit testing; regular inspection and evaluation of the continued effectiveness of the program; and other elements included in the standard.

9. Demonstrate that employees exposure will be below the PEL's. For Class I asbestos work

until the employer conducts exposure monitoring and documents that employees on that job will not be exposed in excess of the PEL's, or otherwise makes a negative exposure assessment, the employer shall presume that employees are exposed in excess of the TWA and excursion limit.

D. Records:

Sign-in/out Logs Personal Air Sampling Results Waste Shipment Records Pressure Differential Recording Data NPE Inspection and Smoke Test Logs Rental Equipment Statements

1. When rental equipment is to be used in removal areas or to transport waste materials, submit a copy of written notification provided to the rental company informing them of the nature of use of the rented equipment.

1.6 PERSONNEL PROTECTION

A. Instruct workers in all aspects of personnel protection, work procedures, emergency evacuation procedures and use of equipment including procedures unique to this project.

B. Ensure workers are fully protected with respirators and protective clothing during work in the

Asbestos Control Area, where there is the possibility of disturbing asbestos-containing or asbestos-contaminated materials.

C. Respiratory protection shall meet the requirements of OSHA as required in 29 CFR 1910.134

and 29 CFR 1926.1101. Provide appropriate respiratory protection for each worker and ensure usage during potential asbestos exposure. As a minimum, workers shall be equipped with powered air-purifying respirators (PAPR) with HEPA filters.

D. Select respirators from among those jointly approved as being acceptable for protection by the

Mine Safety and Health Administration (MSHA) and the National Institute for Occupational Safety and Health (NIOSH) under the provisions of 30 CFR Part 11. Provide an adequate

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supply of filter elements for respirators in use. E. Minimum respiratory protection shall be as follows:

_________________________________________________________________ Airborne concentration of asbestos, tremolite, anthophyllite, actinolite or a combination of these minerals. Required Respirator _________________________________________________________________ Not in excess of 10 f/cc 1. Any powered air purifying (100 x PEL) respirator equipped with high efficiency filters. 2. Any supplied-air respirator operated in continuous flow mode. Not in excess of 100 f/cc 1. Full facepiece supplied (1000 x PEL) supplied air respirator operated in pressure demand mode. Greater than 100 f/cc 1. Full facepiece supplied (>1000 x PEL) or air respirator operated in unknown concentration pressure demand mode equipped with an auxiliary positive pressure self- contained breathing apparatus. _________________________________________________________________ Note: 1. Respirators assigned for higher airborne fiber concentrations may be used at lower

concentrations.

2. A high-efficiency filter means a filter that is at least 99.97 percent efficient against mono-dispersed particles of 0.3 micrometers in diameter or larger.

_________________________________________________________________

F. Provide and require all workers to wear protective clothing in Work Areas where asbestos fiber concentrations exceed permissible limits established by OSHA. Protective clothing shall include impervious coveralls with elastic wrists and ankles, head covering, gloves and foot coverings.

G. Provide all authorized persons entering contaminated areas with proper respirators and

protective clothing. H. Ensure that all workers and authorized persons enter and leave the Asbestos Control Area

through the Worker Decontamination Enclosure System. I. Ensure all contaminated protective clothing remains in the Equipment Room for reuse or

disposal of as contaminated waste.

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J. Ensure workers do not eat, drink, smoke or chew gum or tobacco while in the Asbestos Control Area.

1.7 EQUIPMENT REMOVAL PROCEDURE

A. Clean surfaces of contaminated containers and equipment thoroughly by vacuuming with HEPA filtered equipment and wet wiping before moving such items into the Equipment Decontamination Enclosure System for final cleaning and removal to uncontaminated areas. Ensure that personnel do not leave the Asbestos Control Area through the Equipment Decontamination Enclosure System.

1.8 SEQUENCE OF WORK

A. Proceed in accordance with the sequence of work as mutually agreed upon with the Owner’s Representative. Work shall be divided into convenient Work Areas, each of which is to be completed as a separate unit.

B. The following sequence of work shall be used for the asbestos abatement work:

1. Release of Work Area to the Contractor. 2. All temporary utilities required for the project shall be on site and operational prior to the

initiation of asbestos work. 3. Abatement of all asbestos-containing materials by the Contractor. 4. Air sampling by the Project Monitor for reoccupancy. 5. Containment tear-down and clean-up.

1.9 DELIVERY, STORAGE, AND HANDLING A. Deliver all materials in the original packages, containers, or bundles bearing the name of the

manufacturer and the brand name and product technical description. Do not use damaged or deteriorating materials. Material that becomes contaminated with asbestos shall be decontaminated or disposed of as asbestos waste.

PART 2 - PRODUCTS 2.1 MATERIALS

A. Fire retardant polyethylene sheet in roll size to minimize the frequency of joints, shall be delivered to job site with factory label indicating four (4) or six (6) mil.

B. Polyethylene disposable bags shall be six (6) mil with pre-printed label. Disposable bags shall

be opaque. C. Tape shall be capable of sealing joints in adjacent polyethylene sheets and for attachment of

polyethylene sheet to finished or unfinished surfaces. Tape must be capable of adhering under both dry and wet conditions.

D. Surfactant (wetting agent) shall consist of fifty (50) percent polyoxyethylene ether and fifty (50)

percent polyoxyethylene ester, or equivalent, and shall be mixed with water to provide a

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concentration one (1) ounce surfactant to five (5) gallons of water or as directed by the manufacturer.

E. Containers must be impermeable and shall be both air and watertight. Containers shall be

labeled in accordance with OSHA Standard 29 CFR 1926.1101 and EPA 40 CFR Part 61.152 as appropriate.

F. Labels and signs shall conform to OSHA Standard 29 CFR 1926.1101.

2.2 TOOLS AND EQUIPMENT

A. Tools and equipment shall be suitable for asbestos removal. B. Protective clothing, respirators, filter cartridges, air filters and sample filter cassettes shall be

provided in sufficient quantities for the project. C. Electrical equipment, protective devices and power cables shall conform to all applicable codes. D. Shower stalls and plumbing shall include sufficient hose length and drain system or an

acceptable alternate. Showers shall be equipped with hot and cold or warm running water. One shower stall shall be provided for each eight workers.

E. Exhaust air filtration units shall be equipped with HEPA filters capable of providing sufficient

air exhaust to create a minimum pressure differential of 0.02 inches of water column, and to allow a sufficient flow of air through the area. An automatic warning system shall be incorporated into the equipment to indicate pressure drop or unit failure. No air movement system or air filtering equipment shall discharge unfiltered air outside the Asbestos Control Area.

F. Pressure differential monitoring equipment shall be provided to ensure exhaust air filtration

devices provide the minimum pressure differential required between the Work Area and occupied areas of the facility.

G. Spray equipment shall be capable of mixing wetting agent with water and capable of generating

sufficient pressure and volume. Hose length shall be sufficient to reach all of the Asbestos Control Area.

H. Vacuum units, of suitable size and capabilities for the project, shall have HEPA filters capable

of trapping and retaining at least 99.97 percent of all monodispersed particles of 0.3 microns in diameter or larger.

I. Ladders and/or scaffolds shall be of adequate length, strength and sufficient quantity to support

the work schedule. J. Other materials such as lumber, nails and hardware necessary to construct and dismantle the

decontamination enclosures and the barriers that isolate the Work Area shall be provided as appropriate for the work.

PART 3 - EXECUTION 3.1 PREPARATION OF WORK AREA ENCLOSURE SYSTEM

A. Prior to beginning work, the Owner’s Representative, Design Consultant, and Contractor shall

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conduct a pre-abatement meeting, perform a visual survey of each Work Area and list all pre-existing damage to building components. The Contractor shall submit to the Design Consultant a list which shall include all damaged areas not scheduled to be repaired under this Contract and include photographs, video tapes as applicable.

B. Post warning signs meeting the specifications of OSHA 29 CFR 1910 and 29 CFR 1926.1101 at

each Regulated Area. In addition, signs shall be posted at all approaches to Regulated Areas so that an employee may read the sign and take the necessary protective steps before entering the area. Additional signs may require posting following construction of work place enclosure barriers.

C. Utilize engineering controls and personnel protective equipment while installing enclosures and

supports when asbestos-containing materials may be disturbed. D. When feasible, shut down and lock out electrical power, including all receptacles and light

fixtures. Protect receptacles and light fixtures remaining in the Work Area with six (6) mil polyethylene and seal with tape. Coordinate all power isolation with the Agency.

E. Provide temporary power and lighting and ensure safe installation, including ground fault

protection, of temporary power sources and equipment in compliance with applicable electrical code and OSHA requirements. The Contractor is responsible for proper connection and installation of electrical wiring.

F. Shut down and isolate heating, cooling, and ventilating air systems to prevent contamination

and fiber dispersal to other areas of the building. Seal all vents.

G. Pre-clean movable objects within the proposed Work Areas using HEPA filtered vacuum equipment and/or wet cleaning methods as appropriate and remove such objects from Work Areas to a temporary location.

H. Pre-clean fixed objects within the proposed Work Areas, using HEPA filtered vacuum

equipment and/or wet cleaning methods as appropriate, and enclose with two layers of six (6) mil polyethylene sheeting sealed with tape.

I. Clean the proposed Work Areas using HEPA filtered vacuum equipment and/or wet cleaning

methods as appropriate. Do not use methods that raise dust, such as dry sweeping or vacuuming with equipment not equipped with HEPA filters.

J. Seal off all windows, doorways, skylights, ducts, grilles, diffusers, and any other openings

between the Work Area and the uncontaminated areas outside of the Work Area with critical barriers. Doorways and corridors which will not be used for passage during work must be sealed with fixed critical barriers.

K. Cover floor and wall surfaces with polyethylene sheeting sealed with tape. Polyethylene shall

be applied alternately to floors and walls. Cover floors first, with a layer of six (6) mil polyethylene sheeting, so that polyethylene extends at least twelve (12) inches up on walls. Cover walls with a layer of four (4) mil polyethylene sheeting to twelve (12) inches beyond the wall floor intersection, thus overlapping the floor material by a minimum of twenty-four (24) inches. Repeat the process for the second layer of polyethylene. There shall be no seams in the plastic sheet at wall-to-floor joints.

L. Conspicuously label and maintain emergency and fire exits from the Asbestos Control Area

satisfactory to fire officials.

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3.2 WORKER DECONTAMINATION ENCLOSURE SYSTEM

A. Establish contiguous to the Work Area, a Worker Decontamination Enclosure System consisting of Equipment Room, Shower Room and Clean Room in series. Access to the Work Area shall only be through this enclosure.

B. Access between rooms in the Worker Decontamination Enclosure System shall be through

double flap curtained openings (air locks). Other effective designs are permissible. The Clean Room, Shower Room and Equipment Room located within the Worker Decontamination Enclosure, shall be completely sealed ensuring sole source of air flow into the Asbestos Control Area originates from the outside uncontaminated areas.

C. The Clean Room shall be adequately sized to accommodate workers and shall be equipped with

a suitable number of hooks, lockers, shelves, etc., for workers to store personal articles and clothing. Changing areas of the Clean Room shall be suitably screened from areas occupied by the public.

D. The Shower Room shall be of sufficient capacity to accommodate the number of workers.

Supply warm water to showers. Provide one shower for each eight workers. No worker or other person shall leave an Asbestos Control Area without showering. Shower water shall be collected and filtered using best available technology and dumped down an approved drain.

E. No personnel or equipment shall be permitted to leave the Asbestos Control Area unless just

decontaminated by showering, wet cleaning or HEPA vacuuming to remove all asbestos debris. No asbestos-contaminated materials or persons shall enter the Clean Room.

3.3 EQUIPMENT DECONTAMINATION ENCLOSURE SYSTEM

A. Establish contiguous to the Work Area an Equipment Decontamination Enclosure System consisting of two (2) totally enclosed chambers divided by a double flap curtained opening. Other effective designs are permissible. This enclosure must be constructed so as to ensure that no personnel enter or exit through this unit.

3.4 SEPARATION OF WORK AREAS FROM OCCUPIED AREAS

A. Occupied areas and/or building space not within the Asbestos Control Area shall be separated from asbestos abatement Work Areas by means of airtight barriers. Barriers at openings with dimensions exceeding two (2) feet in both directions shall be blocked with fixed critical barriers.

B. Do not impair required building exits from any occupied building area. Where normal exits

have been blocked by the asbestos work, provide temporary exit signs directing building occupants to the nearest available exit location.

C. Visually inspect and smoke test NPE barriers to assure an effective seal. Repair defects

immediately. D. Create a pressure differential in the range of 0.02 to 0.04 inches of water column between the

Work Area and occupied areas by the use of acceptable pressure differential equipment. Provide a sufficient quantity of units to exhaust the volume of air within the Asbestos Control Area a minimum of four times per hour. Continuously monitor the pressure differential

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between the Work Area and occupied areas utilizing recording type equipment to ensure exhaust air filtration equipment maintains a minimum pressure differential of 0.02 inches of water column.

3.5 ASBESTOS REMOVAL – INTERIOR ABATEMENT

A. A Competent Person shall be on the job at all times to ensure the establishment and maintenance of the NPE and proper work practices throughout the project. Before beginning work within the NPE and at the beginning of each shift, the NPE shall be inspected for breaches and smoke tested for leaks, and any leaks sealed. Results of NPE inspections shall be logged.

B. Do not begin abatement work until authorized by the Project Monitor. C. Spray asbestos materials with amended water, using airless spray equipment capable of

providing a "mist" application to reduce the release of fibers during the removal operation. D. In order to maintain indoor asbestos concentrations at a minimum, remove the wet asbestos in

manageable sections. Materials shall not be allowed to dry out. Material drop shall not exceed 8 feet. For heights up to 15 feet provide inclined chutes or scaffolding to intercept drop. For heights exceeding 15 feet provide enclosed dust-proof chutes.

E. Fill disposal containers (six (6) mil polyethylene bags or fiber drums) as removal proceeds, seal

filled containers, apply caution labels and clean containers before removal to wash area. Bags shall be securely sealed to prevent accidental opening and leakage by taping in gooseneck fashion. Bags may be placed in drums for staging and transportation to the disposal site. Bags shall be decontaminated by wet cleaning and HEPA vacuuming before being placed in clean drums and sealed with locking ring tops. Vinyl asbestos floor tile removed shall be placed in polypropylene burlap bags and then double poly bagged. Wet clean each container thoroughly before moving to Holding Area. Ensure that workers do not enter from uncontaminated areas into the Washroom or the Work Area. Ensure that contaminated workers do not exit the Work Area through the Equipment Decontamination Enclosure.

F. After completion of stripping work, all surfaces from which asbestos has been removed shall be

wet brushed, using a nylon brush, wet wiped and sponged or cleaned by an equivalent method to remove all visible material (wire brushes are not permitted). During this work the surfaces being cleaned shall be kept wet.

G. If at any time during asbestos removal, should the Project Monitor suspect contamination of

areas outside the Work Area, the Contractor shall stop all abatement work and take steps to decontaminate these areas and eliminate causes of such contamination. Unprotected individuals shall be prohibited from entering contaminated areas until air sampling and visual inspections determine decontamination.

H. Containerize asbestos-containing waste material removed daily. Do not allow ACM to remain

on the floor overnight, allowing it to dry out.

3.6 ALTERNATIVE WORK PRACTICE (AWP) PROCEDURES

A. The procedures described in this specification are to be utilized as the basis for bidding this project.

B. Alternative procedures require written letters of approval from the following parties: 1. State of Connecticut Department of Public Health – Asbestos Program

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C. Allow 21 calendar days for the processing of written requests for Alternate Work Practices by

the Owner and associated review parties. Alternate Work Practices may not be utilized without Owner approval.

D. Written requests for Alternate Work Practices must be accompanied by a written itemized credit

proposal to the Owner detailing the labor and material costs that will be credited to the Contract if the Alternate Work Practice is approved. Written requests for Alternate Work Practices must be accompanied by a written assessment of the schedule impact of utilizing the proposed Alternate Work Practice.

E. The City of Derby reserves the right to reject any proposed Alternative Work Practice without

cause. F. The Contractor shall be responsible for all fees associated with filing Alternative Work Practice

(AWP) applications. Submission of AWP applications requires a Connecticut DPH Asbestos Project Designer license. The Contractor is responsible for retaining a licensed Asbestos Project Designer to prepare the Alternate Work Practice. The licensed Asbestos Project Designer that prepares the Alternate Work Practice may not be an employee of the Contractor or an employee of a Subcontractor under contract with the Contractor.

G. Submit written requests for Alternate Work Practices to EnviroMed Services.

3.7 CLEAN-UP PROCEDURE

A. Remove and containerize all visible accumulations of asbestos-containing and/or asbestos-contaminated debris which may have splattered or collected on the polyethylene wall covering.

B. Remove contamination from the exteriors of the negative air machines, scaffolding, ladders,

extension cords, hoses and other equipment inside the Work Area. Cleaning may be accomplished by brushing, HEPA vacuuming and/or wet cleaning.

C. The Project Monitor shall conduct a thorough visual inspection utilizing a high-intensity

flashlight, with the containment barriers in place, to detect visible accumulations of dust or bulk asbestos-containing materials remaining in the Work Area. Should dust, debris or residue be detected, the Contractor shall repeat the cleaning, at the Contractor's expense, until the area is in compliance. The visual inspection will detect incomplete work, damage caused by the abatement activity, and inadequate clean-up of the work site.

D. Once the area has been recleaned, any equipment, tools or materials not required for completion

of the work, shall be removed from the Work Area. Negative air filtration devices shall remain in place and operating for the remainder of the clean-up operation.

E. Apply a lock-down encapsulant to all surfaces within the Work Area from which asbestos has

been removed and the cleaned inner layer of polyethylene. F. Air sampling for reoccupancy clearance shall be undertaken using aggressive sampling

techniques. Analysis of clearance samples shall follow State of Connecticut Regulations, Section 19a-332a-12. Areas which do not comply shall continue to be cleaned by and at the Contractors expense, until the specified Standard of Cleaning is achieved as evidenced by results of air testing. When the Work Area passes the reoccupancy clearance, controls established by this specification may be removed.

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G. Remove all remaining polyethylene, including critical barriers, and Decontamination Enclosure Systems leaving negative air filtration devices in operation. Dispose of poly sheeting as asbestos-contaminated waste. HEPA vacuum and/or wet wipe any visible residue which is uncovered during this process.

3.8 REINSTALLATION OF DISPLACED EQUIPMENT

A. After reoccupancy is granted, resecure mounted items removed during the course of the work to their former positions.

B. Re-establish to proper working order all HVAC, mechanical and electrical systems including

lights, exit lights, fire alarm systems and sound systems. C. Install new filters in HVAC systems and dispose of used filters as asbestos-containing waste.

All systems shall be function tested in the presence of the Owner’s Representative.

3.9 DISPOSAL OF ASBESTOS

A. Disposal of asbestos-containing and/or asbestos contaminated material shall occur at an authorized site and must be in compliance with the requirements of, and authorized by the Office of Solid Waste Management, Department of Environmental Protection, State of Connecticut, or other designated agency having jurisdiction over solid waste disposal.

B. Disposal approval shall be obtained prior to commencement of asbestos removal. C. Warning signs must be attached to vehicles used to transport asbestos-containing waste.

Warning signs shall be posted during loading and unloading of disposal containers. The signs must be posted so that they are plainly visible.

D. Waste removal dumpsters and cargo areas of transport vehicles shall be lined with a layer of six

(6) mil polyethylene sheeting to prevent contamination from leaking or spilled containers. Floor sheeting shall be installed first, and shall be extended up sidewalls 12-inches. Wall sheeting shall overlap floor sheeting 24-inches and shall be taped into place. Keep dumpsters locked when not in use.

E. Contractor is responsible for signing the asbestos waste shipment record as generator prior to

each asbestos waste dumpster leaving site and giving a copy of the signed waste shipment record to EnviroMed Services. The completed waste shipment record with landfill sign-offs shall be forwarded to the Owner.

3.10 CONTRACTOR RESPONSIBILITY

A. Conduct air sampling, as necessary, to assure that workers are using appropriate respiratory protection in accordance with OSHA Standard 1926.1101. Documentation of air sampling results must be recorded at the work site within twenty-four (24) hours of receipt of results, and shall be available for review until the job is complete.

3.11 AIR SAMPLING SCHEDULE

A. At a minimum, air sampling by the Project Monitor will be conducted in accordance with the following schedule:

Pre- During Post-

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Abatement Activity Abatement Abatement Abatement Greater than PCM PCM TEM 500 l.f. or 1500 s.f. Equal to or PCM PCM PCM less than 500 s.f. or 1500 l.f.

B. Frequency and duration of the air sampling during abatement will be representative of the actual conditions during the abatement. The size of the asbestos project will be a factor in the number of samples required to monitor the abatement activities. In addition to OSHA compliance monitoring (personal sampling accomplished by the Contractor) the following minimum schedule of samples will be required:

1. Background Samples:

a) Outside of building - 2. b) Adjacent Area(s) inside building - 2. c) Work Area - 3 or if areas are separated (such as rooms) at least one (1) sample per

area equalling a minimum of three (3).

2. During Abatement:

a) Outside of building at the exhaust of air filtering device - 2 per shift. b) Work Area - 2 per shift. c) Adjacent area inside building - 2 per shift. d) Outside of the Equipment Decontamination Enclosure System - 1 during removal

of ACM waste.

3. Post-Abatement:

a) Work Area - At least five (5) per homogenous work site or one (1) per room, whichever is greater.

C. Post-abatement clearance air monitoring requirements are as follows:

1. Air sampling will not begin until at least 12 hours after wet cleaning has been completed and no visible water or condensation remain.

2. Sampling equipment will be placed at random around the Work Area. If the Work Area

contains the number of rooms equivalent to the number of required samples based on floor area, a sampler shall be placed in each room. When the number of rooms is greater than the number of samples a representative number of rooms will be selected.

3. The representative samplers placed outside the Work Area but within the building will be

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located to avoid any air that might escape through the isolation barriers and will be approximately 50 feet from the entrance to the Work Area, and 25 feet from the isolation barriers.

4. The following aggressive air sampling procedures will be used within the Work Area

during all air clearance monitoring:

a) Before starting the sampling pumps, direct the exhaust from forced air equipment (such as a 1 horsepower leaf blower) against all walls, ceilings, floors, ledges and other surfaces in the Work Area. This should take at least 5 minutes per 1000 SF of floor area.

b) Place a 20-inch fan in the center of the room. (Use one fan per 10,000 cubic feet of

room space.) Place the fan on slow speed and point it toward the ceiling.

c) Start the sampling pumps and sample for the required time. d) Turn off the pump and then the fan(s) when sampling is complete.

5. Air volumes taken for clearance sampling shall be sufficient to accurately determine (to a 95 percent probability) fiber concentrations to 0.010 f/cc of air.

6. Each homogeneous Work Area which does not meet the clearance criteria shall be

thoroughly recleaned using HEPA vacuuming and/or wet cleaning, with the negative pressure ventilation system in operation. New samples shall be collected in the Work Area as described above. The process shall be repeated until the Work Area passes the test, with the cost of repeat sampling being borne entirely by the Contractor.

7. For an asbestos abatement project with more than one homogeneous Work Area, the

release criterion shall be applied independently to each Work Area.

D. TEM clearance turnaround time will be 24 hours after the TEM lab receives the samples by overnight mail.

3.12 ACTION CRITERIA

A. If air samples collected outside of the Work Area during abatement activities indicate airborne fiber concentrations greater than original background levels or greater than 0.020 f/cc, as determined by Phase Contrast Microscopy, whichever is larger, an examination of the Work Area perimeter shall be conducted and the integrity of barriers shall be restored. Cleanup of surfaces outside the Work Area using HEPA vacuum equipment or wet cleaning techniques shall be done prior to resuming abatement activities.

END OF SECTION

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SECTION 02090 - LEAD ABATEMENT

PART 1 - GENERAL 1.1 DEFINITIONS

A. Action Level: Employee exposure, without regard to the use of respirators, to an airborne concentration of lead of 30 micrograms per cubic meter (µg/m3) calculated as an eight hour time weighted average.

B. Competent Person: An individual capable of identifying existing lead

hazards and taking corrective measures to eliminate them. The duties of the competent person include at least the following: controlling entry to and exit from the lead abatement area, ensuring contract compliance, conducting personal air monitoring, ensuring that all employees working within the lead abatement area have lead awareness training, and ensuring that lead abatement workers use the hand washing facilities.

C. Lead Based Paint: Paint found to contain greater than or equal to 1.0

milligrams of lead per square centimeter of paint area by XRF testing. D. Permissible Exposure Limit (PEL): Fifty (50) micrograms per cubic meter

(µg/m3) of air averaged over an 8 hour period as determined by 29 CFR 1926.62.

E. Personal Monitoring: Sampling of lead concentrations within the

breathing zone of a worker to determine the 8-hour time weighted average concentration in accordance with 29 CFR 1926.62. Samples shall be representative of the employee's work tasks.

F. Toxicity Characteristic Leaching Procedure (TCLP): Toxicity

characteristic leaching procedure utilizing EPA Test method SW-846, Method 1311.

1.2 GENERAL

A. Intent: The intent of this specification is to assist the Contractor in complying with the OSHA Construction Industry Standard for Lead (29 CFR Part 1926.62) and State DEP regulations for waste disposal when conducting demolition activities at 96-98 Olivia Street, 36 & 44 Lafayette Street, and 42 Fifth Street in Derby, CT.

B. OSHA Compliance: Contractor is responsible for compliance with the

OSHA Construction Industry Standard for Lead (29 CFR Part 1926.62) when conducting demolition activities at 96-98 Olivia Street, 36 & 44 Lafayette Street, and 42 Fifth Street. Contractor is to maintain a copy of 29 CFR 1926.62 on site.

1.3 LEAD PAINT IDENTIFICATION

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A. Toxic (≥1 mg/cm2) levels of lead-based paint have been identified on

building components at 96-98 Olivia Street, 36 & 44 Lafayette Street, and 42 Fifth Street in Derby, CT. The lead inspection reports are attached as part of the bid package.

1.4 DEBRIS DISPOSAL

A. The following materials shall be disposed of as solid waste with a composite TCLP reading <5 mg/l:

• Debris pile left from the demolition of 96-98 Olivia Street. • Debris pile left from the demolition of 36 Lafayette Street. • Debris pile left from the demolition of 44 Lafayette Street. • Debris pile left from the demolition of 42 Fifth Street.

1.5 EMPLOYEE EXPOSURE ASSESSMENT

A. Conduct lead dust air sampling to assure that workers are protected in accordance with all applicable Federal, State, and Local regulations. Documentation of air sampling results must be recorded at the work site within five (5) working days and shall be available for review until the job is complete.

1.6 WORKER HAND WASHING FACILITY

A. Establish a lead abatement worker hand washing facility consisting of running potable water, a wash basin, hand cleaning cream, and towels.

B. All workers shall wash their hands and face prior to taking breaks, going

to lunch, and leaving the site at the end of the work day. 1.7 WORKER PROTECTION PROCEDURES

A. Workers shall not eat, drink, smoke, or chew gum or tobacco while in the lead abatement area.

1.8 WORKER TRAINING REQUIREMENT

A. All Contractor employees on the job site are required to be trained regarding any hazardous materials, including lead, they may be exposed to at the work site and health and safety hazards at the work site. Training shall meet the requirements of the Hazard Communication Standard (29 CFR 1926.59) and Safety Training and Education Standard (29 CFR 1926.21).

B. All workers shall receive at least 4 hours of lead awareness training

meeting the requirements of 29 CFR 1926.62. Documentation of said training is to be kept on-site in a binder for review. The awareness training must be dated within one year of the project. Forward a copy of the training to the A/E.

1.9 COMPETENT PERSON

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A. Maintain a competent person on site for the duration of lead abatement.

1.10 LEAD ABATEMENT PLAN

A. Prior to construction, in compliance with the OSHA Lead Standard, prepare a written description of lead abatement activities planned detailing methods, equipment, engineering controls, crew size, employee job responsibilities, operating and maintenance procedures.

B. Submit a copy of the Lead Abatement Plan to the A/E for review.

Maintain a copy on site during construction.

PART 2 – PRODUCTS – NOT USED PART 3 - EXECUTION 3.1 ENGINEERING CONTROLS

A. Contractor is responsible for taping-off exterior lead demolition areas and keeping untrained adjacent personnel and pedestrians away from the lead abatement activity.

B. Contractor is responsible for using wet dust suppression to ameliorate

airborne dust levels.

END OF SECTION

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SECTION 02100 - HAZARDOUS & REGULATED MATERIALS

PART 1 - GENERAL

1.1 SUMMARY OF WORK The work to be performed under this project consists of providing all supervision, equipment, labor and materials to:

1. Remove, transport and dispose of mercury-containing thermostats to an approved facility. The thermostats contain liquid mercury within ampules, which shall be packaged, labeled, marked and placarded in accordance with 49 CFR parts 172-180 and disposed of as universal waste in accordance with 40 CFR 273.4.

2. Remove, transport and dispose of the chemical containers identified in the buildings. The

disposal facility shall be an approved chemical/hazardous waste treatment or disposal facility.

3. Remove, transport and dispose of fluorescent lighting identified in the buildings.

Presume mercury-containing lamps, which shall be disposed of at a hazardous waste landfill or sent to a lamp recycling facility. Mercury-containing lamps should never be incinerated. Ballasts indicating no information as to their PCB status should be assumed PCB-containing and treated as such. Federal regulations recommends packing and sealing the intact ballasts in 55 gallon DOT approved drums. It is recommended that non-leaking PCB-containing ballasts be incinerated at an EPA approved high temperature incinerator treatment facility. Leaking PCB-containing ballasts must be incinerated at an EPA approved high temperature incinerator treatment facility.

4. Remove for coolant recycling the air conditioning units and coolant in the refrigerators

identified in the buildings. Used chlorofluorocarbons (CFCs) from totally enclosed heat transfer equipment, including mobile air-conditioning systems, mobile refrigeration, and commercial and industrial air-conditioning and refrigeration systems that use CFC as the heat transfer fluid in a refrigeration cycle are not considered hazardous waste, provided the refrigerant is reclaimed for further use [40 CFR 261.4(b)(12)]. A certificate of refrigerant recycling shall be submitted prior to component removal and demolition.

5. Remove the aboveground storage tanks (ASTs) and oil product in the tanks for proper

transport and disposal. 6. Remove the petroleum concrete staining in the 44 Lafayette Street building basement for

proper transport and disposal.

1.2 CONDITIONS

A. All work is located at the grounds of the 96-98 Olivia Street, 36 and 44 Lafayette Street, and 42 Fifth Street properties in Derby, Connecticut.

B. All work shall be done in accordance with 40 CFR Parts 82, 171 to 179, 260 to 270, 273,

280 and 281, Regulations of Connecticut State Agencies (RCSA) Section 22a-116 to 122, -


454, and -449, NFPA 30, NFPA 31, NFPA 327, API 1604, 40 CFR Part 761, TSCA Sec. 6(e), DOT 49 CFR Parts 172 to 180 and all other applicable state and federal regulations.

C. Unless an alternative work sequence is approved in advance by the City’s Technical

Representative, the work should be carried out in the order listed below:

1. Prior to ordering materials or starting work on any specific task, the Contractor shall inspect each area pertaining to each task. Any additional work including additional items/quantities for removal/disposal and/or additional laboratory testing for waste characterization/disposal shall be reported to the City’s Technical Representative prior to commencing work.

2. Prior to commencing site work the Contractor shall submit to the City’s

Technical Representative a site specific Health and Safety Plan (HASP). The HASP shall be prepared in accordance with OSHA (29 CFR 1910.120) standards and shall address all aspects of the work described herein.

3. The Contractor shall obtain a temporary EPA Hazardous Waste Generator ID

number for the above indicated addresses on behalf of the City of Derby. 4. Prior to disposal/removal of materials, the Contractor shall provide the City’s

Technical Representative with waste characterization and disposal documentation including any laboratory analytical results, shipping documents of all materials/quantities to be removed including EPA Hazardous Waste Manifest(s), identification of transporter and disposal site, documentation of disposal site acceptance of materials/quantities and disposal site/transporter licenses and certifications.

5. Perform site work. 6. The Contractor shall provide all documentation of transportation and disposal of

materials to the City’s Technical Representative in the form of a Technical Report describing all methods and means for accomplishing the work herein.

D. The Contractor will be held to have examined the site on which this work is to be

performed and to have satisfied herself/himself as to the conditions surrounding the premises as no allowance will subsequently be made for failure on her/his part to do so. The submission of a proposal by the Contractor will be construed as acceptance, by the contractor, of the specifications as sufficient to enable her/his supplying the necessary detail of all work contemplated hereunder, all to the approval of the City’s Technical Representative, and without extra charge. Insofar as possible, the Contractor, in carrying out her/his work, must employ such methods or means as will not cause the interruption of or interference with the work of any other Contractor, nor with the normal routine activities at the facility.

1.3 CONSTRUCTION EQUIPMENT


A. The Contractor shall furnish tools, apparatus and appliances and power for same, and

similar work or material necessary to insure convenience and safety in the execution of the Contractor except where this is identified in any Specification Section. All such items shall meet the approval of the City’s Technical Representative but responsibility for design, strength and safety shall remain with the Contractor. All such items shall comply with EPA and OSHA regulations and applicable codes and statutes.

1.4 TEMPORARY CONTROLS

A. If the Contractor locates material that is believed to be a regulated or hazardous substance during performance of project work, which has not been previously characterized in this specification section, Paragraph 1.1 of this specification or which represents a significant (greater than 10%) addition to quantities estimated, she/he shall notify the City’s Technical Representative. No work shall be done to dispose of previously unidentified material or additional quantities without the permission of the City’s Technical Representative.

B. The Contractor shall take all appropriate safety and health measures in performing work

under this Contract. The Contractor is subject to applicable federal and state laws, regulations, ordinances, codes and orders relating to safety and health in effect on the date of this Contract.

1.5 SCOPE OF WORK The following details activities to be performed during the completion of the above stipulated tasks:

96-98 Olivia Street: 1. Remove, transport and dispose of one mercury-containing thermostat that was observed

on the first floor north bay area adjacent to the stairwell. 2. Remove, transport, and dispose of the following chemical containers that were observed

in the building, and are listed below: First floor north bay- (1) 1-gallon paint, (1) tri-class dry chemical fire extinguisher, and one compressor for a storage freezer (containing freon). Northeast basement- (1) freon canister (5-gallon size), (1) car battery, (1) 5-gallon paint. Second floor kitchen- Freon in refrigerator and carbon dioxide fire extinguisher. Second floor northeast room- (6) dry chemical fire extinguishers. Third floor under attic stairs- (6) 1-gallon paints. North attached shed building- small propane tank, car battery, tractor battery, and window air conditioner unit.

3. Remove, transport and dispose of the fluorescent lighting that was observed in the

following areas of the 96-98 Olivia Street building: First floor north bay- (5) fluorescent fixtures with a total of 9 ballasts and 17 bulbs. First floor south bay- (2) fluorescent fixtures with a total of 4 ballasts and 8 bulbs. Northeast basement- (1) fluorescent fixture with a total of 1 ballasts and 2 bulbs. No information was found on the labels of the ballasts to indicate the absence or presence of PCBs.

36 Lafayette Street:


1. Remove, transport and dispose of one mercury-containing thermostat that was observed in the first floor dining room.

2. Remove for proper transport and disposal the following chemical containers that were

observed in the building, and are listed below: Second floor front bedroom- 1-gallon container of 10W-40 Motor Oil. At Back entry door to basement- (1) 5-gallon container of flammable liquid, (1) 1-gallon “Texolite Sanded Paste Stipple (paint product)”, (1) 1-gallon multi-layer paint remover (danger poison). At Driveway from Lafayette Street- one window air conditioning unit.

3. Remove the one 275-gallon aboveground storage tank (AST) that was observed in the

basement of the building. The 6 to 8-inches of oil/sludge that was observed in the bottom of the tank shall be pumped for proper transport and disposal. No oil or sludge shall remain in the tank. The tank after all product has been removed shall be sent to a metal scrap yard.

44 Lafayette Street: 1. Remove, transport and dispose of one mercury-containing thermostat that was observed

in the kitchen of unit 17C (south unit lowest level). 2. Remove for proper transport and disposal the chemical containers that were observed in

the building, and are listed below: Upper units for 42, 44 and 46 Lafayette Street- no chemical containers were observed. Attic- (1) 1-gallon paint. Middle level unit 42A- (1) 6-volt battery in the living room. Middle level unit 46A kitchen- (1) 5-gallon paint. Middle level exterior entry door to unit 46A- (1) 5-gallon container of paint and (1) 1-gallon container of paint. Unit 17C laundry room- (1) 1-gallon paint and (1) 1-pint paint. Basement under Unit 17B, Entry Area- 1-gallon “Thoroseal” masonry wall coating, (3) 14.1 oz. propane fuel, (1) 1-quart “Devoe Marine Paints and Coatings Formula 201”. Basement under Unit 17B, By Back Work Bench- (1) 5-pound Asphalt Cement, (1) 1-gallon “BPS Gloss-Lux Enamel”, (1) 5-gallon container labeled flammable liquid, (1) 1-gallon “Erco Pure White Shellac”, (1) 32 oz. “Peterman’s Discovery - Kills Bed Bugs, Ants & Fleas”, (2) 1-quart “Sherwin-Williams Flat-tone Alkyd Finish”, (1) 1-quart “Sherwin-Williams Mar-not Gloss Varnish”, (3) 1-gallon old paint, (2) 1-quart unknown metal containers, (2) 32 oz. glass jars solid white powder inside, (2) 1/2-pint glass jars with oily liquid inside, (1) 32 oz. glass jar oily liquid inside, (1) 1/2-quart metal jar unknown contents, (1) 32 oz. jar with white crystals inside, (1) 12 oz. Auto Body Solder, (4) empty quart sized containers, (1) 10 oz. “Steel Cement for Boilers”, (1) 5-pound container labeled “Lubricant”, (1) 1-pint “Walker Interior Semi-gloss Enamel Lead-Free”. Basement under Unit 17C- (2) 1-gallon paints, (1) 1-gallon polyurethane varnish, (1) 1-quart wood stain, (2) 1-quart paints, (1) 5-gallon container of Plastic Roof Cement.

3. Remove, transport and dispose of the fluorescent lighting that was observed in the

following areas of the 44 Lafayette Street building: Unit 17A bathroom- (1) fluorescent fixture with 1 ballast and 1 bulb. Unit 17B kitchen- (1) fluorescent fixture with 1 ballast and 1 bulb. No information was found on the labels of the ballasts to indicate the absence or presence of PCBs.

4. Remove the freon for proper transport to a coolant recycling facility for the three

refrigerators that are located in the following units: 17A, 17B, 42B. 5. Remove the one aboveground storage tank (AST) that was observed in the basement

underneath unit 17B. This AST was observed to be empty at the time of the inspection.


Oil stained concrete was observed adjacent to the oil fired boiler. The contractor shall remove all the petroleum stained concrete in the basement for proper transport and disposal. The oil stained concrete measured approximately 6 feet by 15 feet. The empty AST shall be sent to a metal scrap yard.

42 Fifth Street: 1. Many of the areas in the building were inaccessible due to the building interior floors and

roof being collapsed at the time of our inspection. During the demolition of the building, any hazardous materials observed (e.g., mercury, PCBs, containers, and storage tanks) shall be identified for proper handling, transport and disposal by a certified hazardous materials contractor.

END OF SECTION

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SECTION 02800 - SITE RESTORATION

PART 1 - GENERAL

1.01 WORK INCLUDED A. The work of this section includes surface preparation; rough grading of all disturbed

areas, and removal of all remaining surficial debris including but not limited to wood, glass, and metal. The entire area of the respective demolition sites will need to be restored after demolition activities are complete.

PART 2 - PRODUCTS

2.01 SOILS

A. Common Fill: Refer to Section 02200- Earthwork. Provide consistent grading across site

and positive drainage from the site.

B. Topsoil: Provide a minimum of four inches of topsoil over entire site, poutside existing paved areas.

C. HydroSeeding: Provide hydroseeding by local landscaping firm to cover all demolition

sites in the Spring of 2009. Hydroseeding shall conform to current CT DOT specifications. CONTRACTOR shall be responsible for fertilizing and watering seed until ground cover is well established.

PART 3 - EXECUTION

3.01 FINAL GRADING A. CONTRACTOR shall replace topsoil stripped from the excavated area(s) and take out all

vegetation, roots, and stones larger than 2 inches, and other deleterious objects, prior to seeding.

B. All areas shall be rough graded to meet the existing grade slopes of the area and to

promote drainage toward existing catch basins and/or otherwise match existing drainage patterns, as directed by ENGINEER.

3.03 FINAL CLEANUP

A. The Site shall be free of all construction demolition debris, solid waste, trash, and other

miscellaneous materials not natural to the surrounding environment.

END OF SECTION

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FIGURES

EXHIBITS

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CHRO-CONTRACT COMPLIANCE REGULATIONS NOTIFICATION TO BIDDERS

The contact to be awarded is subject to contract compliance requirements mandated by Sections 4a-60 and 4a-60a of the Connecticut General Statutes; and, when the awarding agency is the State, Sections 46a-7 I (d) and 46a-81i (d) of the Connecticut General Statutes. There are Contract Compliance Regulations codified at Section 46a-68j-21 through 43 of the Regulations of Connecticut State Agencies which establish a procedure for the awarding of all contracts covered by Sections 4a-60 and 46a-71(d) if the Connecticut General Statutes. According to Section 46a-68j-30 (9) of the Contract Compliance Regulations, every agency awarding a contract subject to the contract compliance requirements has an obligation to “aggressively solicit the participation of legitimate minority business enterprises as bidders, contractors and suppliers of materials.” “Minority business enterprise” is defined in Section 4a-60 of the Connecticut General Statutes as a business wherein fifty-one percent or more of the capital stock, or assets belong to a person or persons: “(1) who are active in daily affairs of the enterprise; (2) who have the power to direct the management and policies of the enterprise; and (3) who are members of a minority, as such term is defined in subsection (a) of Section 32-9n. “Minority” groups are defined in Section 32-9n of the Connecticut General Statutes as “(1) Black Americans… (2) Hispanic Americans… (3) persons who have origin in the Iberian Peninsula.. (4) Women. (5) Asian Americans and Pacific Islanders; (6) American Indian.” An individual with a disability is also a minority business enterprise as provided by Section 32-9e of the Connecticut General Statutes. The above definitions apply to the contract compliance requirements by virtue of Section 46a-68j-21 (11) of the Contract Compliance Regulations. The awarding agency will consider the following factors when reviewing the bidder’s qualifications under the contract compliance requirements: (a) the bidder’s success in implementing an affirmative action plan; (b) the bidders success in developing an apprenticeship program complying with

Sections 46a-68-1 to 46a-68-17 of the Regulations of Connecticut State Agencies, inclusive;

(c) the bidder’s promise to develop and implement a successful affirmative action plan,

(d) the bidder’s submission of EEO-1 data indicating that the composition of its workforce is at or near parity when compared to the racial and sexual composition of the workforce in the relevant labor market area; and

(e) the bidder’s promise to set aside a portion of the contract for legitimate minority business enterprises. See section 46a-68j-30(10)(E) of the Contract Compliance Regulations.

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DEMOLITION PERMIT CHECKLIST

REGULATION SECTION 1. a.) Waiting period before granting permit? C.G.S. 29-406 _ C.G.S. 7-147y b.) Local ordinance governing demolition? C.G.S. 29-253(b) 2. Written evidence of a Certificate of Insurance C.G.S. 29-406 3. Public utilities Certificate of Notice C.G.S. 29-406 4. Contractor’s Certificate of Registration C.G.S. 29-406 5. Signature of both owner and demolition contractor on permit C.G.S. 29-406 6. Asbestos – inspection, notification – abatement C.G.S. 19a-332a 7. Notice to adjoining property owners C.G.S. 29-407 8. Fencing required or waived? C.G.S. 29-408 9. Sidewalk shed required or waived? C.G.S. 29-409 10. Disposal of debris C.G.S. 29-412 C.G.S. 29-413 11. Basement filled to grade C.G.S. 29-413 12. Workmen’s compensation coverage? P.A. 95-277 13. Taxes P.A. 95-320 14. Zoning Compliance? 15. Assessed Value of Building To determine fee 16. Firewatch (City of Derby Ordinance) Sec. 89-14

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