Loading...
31D-096 (4) t 7 7 7 7 1 7 l l 1 1 t 1 1 1 1 1 1 1 1 1 1 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 OR a. Acoustical ceiling edge angle to irregular wall surface AP go 8. Tile: Joint Condition Sealant Type a. Tile to tile vertical,and horizontal non-traffic joints: SM b. Tile to tile, horizontal pedestrian traffic joints: HL2 9. Interior Wood: Joint Condition Sealant Type a. Wood to wood(natural or stained finishes) SC b. Wood to wood(painted opaque finishes) AP c. Wood to metal Sc d. Wood base to wall surfaces SC End of Section 0 W LPBA Architects, Inc. 07900-11 JOINT SEALERS AND FILLER City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 Joint Condition Sealant Type a. Masonry to masonry control joints: P2 b. Masonry to Gypsum board: SC c. Masonry to all items which penetrate exterior walls, SC including,but not necessarily limited to,window frames,door frames, louver frames, pipes,vents, and similar items: 3. Gypsum Board: 40 Joint Condition Sealant Type a. Gypsum board to metal or wood trim: AP b. Gypsum board to abutting surfaces at exposed tops AA am and bottoms partitions and walls: c. Gypsum board to interior door and window frames, AP penetrating conduits and piping, light-fixtures, .r. electrical cover plates,building specialty items, ductwork,grilles,supply diffusers,faucets, piping, escutcheon plates and similar items: d. Gypsum board to plumbing fixtures: SM 4. Plaster Joint Condition Sealant Type „ a. Plaster to metal or wood trim: AP b. Plaster to abutting surfaces at exposed tops and AA bottoms partitions and walls: c. Gypsum board to interior door and window frames, AP penetrating conduits and piping,light-fixtures, electrical cover plates, building specialty items, ductwork,grilles,supply diffusers,faucets,piping, escutcheon plates and similar items: d. Plaster to plumbing fixtures: SM 5. Architectural millwork and casework Joint Condition Sealant Type a. Casework to abutting materials,kitchens,toilet SM rooms and similar"wet spaces": b. Casework to abutting surfaces(except in"wet" AP spaces): c. Countertops to abutting wall surfaces and to abutting SM casework: d. Countertops to plumbing fixtures and fittings: SM 6. Interior metal: Joint Condition Sealant Type a. Metal to metal: SC b. Bedding of metal thresholds: B 7. Acoustical ceilings: Joint Condition Sealant Type "" LPBA Architects, Inc. 07900-10 JOINT SEALERS AND FILLER w. City of Northampton Forbes Library "! Masonry Repointing Project 20 West Street Northampton,MA 01060 g. Concrete to all items which penetrate exterior P1 concrete walls, including, but not necessarily limited to, door frames, louver frames, pipes,vents, and similar items: 2. Exterior Masonry: Joint Condition Sealant Type a. Masonry to abutting masonry,stone or concrete: P2 b. Masonry to abutting non-porous materials(painted SE r metals, anodized aluminum, mill finished aluminum, PVC,glass,and similar materials): c. Masonry to all items which penetrate exterior P1 masonry walls, including, but not necessarily limited to,door frames,louver frames, pipes,vents,and similar items: d. Stone to stone at parapets,cornices,and P2** ballustrades and protruding belt courses: **=Joint Sealant P2 with lead strip joint protector 3. Exterior Metal: Joint Condition Sealant Type a. Metal to metal: SE b. Metal to glass: SE 4. Exterior Wood: Joint Condition Sealant Type a. Wood to wood(natural or stained finishes): P1 b. Wood to wood(painted opaque finishes): P1 c. Wood to metal• P1 D. Interior joints(Listed by primary building material abutting sealant joints): 1. Interior Concrete: Joint Condition Sealant Type a. Concrete to concrete(including precast),vertical SC joints: b. Concrete to concrete:horizontal walkable surfaces: HL2 c. Concrete to concrete horizontal vehicular traffic BP2 surfaces(including forklift): d. Concrete and non-bituminous pavement ramps(5 to HT 12 Percent)horizontal joints at abutting vertical concrete or masonry surfaces: e. Concrete to all items which penetrate exterior SC masonry walls, including,but not necessarily limited to,door frames, louver frames,pipes,vents,and similar items: ! ' f. Precast concrete to abutting materials(vertical SC joints): 2. Interior Masonry(excluding stone): LPBA Architects, Inc. 07900-9 JOINT SEALERS AND FILLER .�r City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 3. Remove the temporary masking tape immediately after tooling, and before the sealant has taken initial set. 3.4 CLEANING A. Clean all surfaces of adjacent surfaces which have been marked or soiled by the work of this Section, removing all excess sealant and caulking materials with +� solvents which will not damage the surfaces in any way. 3.5 PROTECTION A. During the operation of sealant work, protect the work of other trades against undue soilage and damage by the exercise of reasonable care and precautions. Repair or replace any work so damaged and soiled. s 3.6 SCHEDULE A. General:Seal joints indicated and all interior and exterior joints, seams,and intersections between dissimilar materials. B. Sealant Colors: 1. Colors for Sealant Types"P2"and"HL2":Match colors furnished by the Architect,or match other building materials as directed. Should such custom colors not be available from the approved manufacturer,except at additional charge,provide all such colors at no change in Contract Sum. 2. Colors for Sealant Types"BP2", P1","HT","SC","SE",and"SM":As selected by the Architect from manufacturer's standard colors. 3. Color for Sealant Types"AA"and"AP":White. 4. Color for Sealant Type"B": Black 5. In concealed installation,and in partially or fully exposed installation where so approved by the Architect,standard gray or black sealant may be used. C. Exterior joints(Listed by primary building material abutting sealant joints} 1. Concrete: Joint Condition Sealant Type a. Concrete to concrete,vertical control joints: P2 b. Concrete foundation walls to abutting concrete,and HL2 other non-bituminous pavements,steps,platforms, and ends of ramp,(horizontal joints): c. Concrete slabs on grade to abutting non-bituminous HL2 pavements(horizontal joints,including pedestrian traffic surfaces): d. Concrete to concrete saw cut and tooled control and HL1 or isolation joints in horizontal surfaces including HL2 .w pedestrian traffic surfaces: e. Concrete to concrete control,expansion and isolation BP2 joints in horizontal vehicular traffic surfaces: f. Concrete and non-bituminous sloped(5%to 12%) HT pavement ramps(horizontal joint)at abutting concrete or masonry foundation walls: LPBA Architects, Inc. 07900-8 JOINT SEALERS AND FILLER City of Northampton Forbes Library Masonry Repointing Project 20 west Street Northampton,MA 01060 residue from joint surfaces using chemical cleaners and solvents which are acceptable to sealant manufacturer. D. If so recommended and furnished by the specific sealant manufacturer, apply primer to all joint surfaces,taking care not to stain adjacent surfaces. E. Verify that joint backing and release tapes are compatible with sealant. F. Perform preparation in accordance with ASTM C 804 and C 790 for solvent and latex base solvents, respectively. 3.3 INSTALLATION A. Install joint bead back-up in all joints in excess of 5/84nch depth,and joints that u have no back-up therein, placing the joint bead in the joint in a manner that will assure a constant depth 1/8 inch greater than the sealant and caulking material depth tolerances. 1. Set beads into joints continuously, by slightly stretching during placement,to permit compression against sides of joint,without surface wrinkles or buckles. 2. Do not stretch back-up material into joints. B. Install bond breaker in joints where shown in the Drawings and wherever recommended by the sealant manufacturer to prevent bond of the sealant to surfaces where such bond might impair the Work. C. Apply masking tape or other precautions to prevent migration or spillage of materials onto adjoining surfaces. D. Apply urethane sealant and latex caulking materials into joints in accordance with manufacturer's instructions,using mechanical or power caulking gun equipped with nozzle of appropriate size,with sufficient pressure to completely fill the joints. 1. The depth of sealant and caulking materials shall be in accordance with manufacturers recommendations for the specific joint function,but in no case exceed 1/2-inch in depth,nor less than 1/4-inch,regardless of the joint width. 2. Maintain the outer edge of the sealant and caulking materials,where side JIM faces of joints are in the same plane,back 1/8-inch from the faces. 3. Apply sealant in continuous beads without open joints,voids or air pockets so as to provide a watertight and airtight seal for the entire joint length. 4. After placement of the sealant and caulking materials,concave-tool the surfaces to uniform density,using a water-wet tool.Do not use detergents or soapy water for the tooling operations. 5. Remove the temporary masking tape immediately after tooling, and before the sealant or caulking material has taken initial set. E. Apply pouring self-leveling urethane sealant(Sealant designation HL)into horizontal joints in accordance with manufacturer's instructions,to a level approximately 1/16 inch below adjacent surfaces. 1. Apply sealant without open joints,voids or air pockets so as to provide a watertight and airtight seal for the entire joint length. 2. After placement of the sealant and caulking materials,concave-tool the surfaces to uniform density,using a water-wet tool. Do not use detergents or soapy water for the tooling operations. OR LPBA Architects, Inc. 07900-7 JOINT SEALERS AND FILLER • City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 movement capability of+25 percent,and a Shore A hardness of 20, equal to the following: 1. Dow Coming Corporation, Midland Mi.;product,7W. 2. General Electric Company,Waterford NY.; product,"Sanitary 1700". 3. Sonnebom Building Products Inc., Minneapolis MN.; product, "Sonolastic- OmniPlus". �* 4. Tremco, Beachwood OH.; product, "Proglaze". 5. Pecora Corporation, Harleysville PA.;product"898". 2.2 ACCESSORIES A. Compressible joint bead back-up:Compressible dosed cell polyethylene,extruded polyolefin foam or polyurethane foam rod, 1/3 greater in diameter than width of joint. Shape and size of compressible back-up shall be as recommended by manufacturer for the specific condition used.Provide one of the following,or equal. (only closed cell rods will be considered) 1. Applied Extrusion Technologies, Inc.,Middletown DE, product"Sof Rod". .. 2. Backer Rod Manufacturing, Inc.,Denver,CO, product"Denver Foam". 3. Sonnebom Building Products Inc., Minneapolis MN,product"Sonofoam". B. Primers: Furnish and install joint primers of the types,and to the extent, recommended by the respective sealant manufacturers for the specific joint materials and joint function. C. Bond-breaker tape,and temporary masking tape: Of types as recommended by the manufacturer of the specific sealant and caulking material used at each application, and completely free from contaminants which would adversely affect the sealant and caulking materials. PART 3-EXECUTION 3.1 EXAMINATION A. Inspect all surfaces 3.2 PREPARATION A. Weather conditions must be dry and of the temperature,as recommended by sealant manufacturer, during application operations. B. Surface receiving work of this section must be absolutely dry and dust free. All joints receiving sealant and caulking materials and be subject to the approval of the material manufacturer for proper use of the specified materials. C. Thoroughly clean all joints,removing all loose mortar,oil,grease,dust,frost,and other foreign materials that will prevent proper adhesion of primers and sealant materials. +. 1. Clean ferrous metals of all rust and coatings by wire brush,grinding or sandblasting. Remove oil,grease and protective coatings with cleaners recommended by sealant manufacturer. 2. Where sealant is indicated to replace existing,thoroughly remove existing sealant and backing,scrape and clean surfaces. Remove all existing sealant LPBA Architects, Inc. 07900-6 JOINT SEALERS AND FILLER No City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 J. Joint Sealer Type P1 (Polyurethane 1-component): Low modulus single component gun-grade polyurethane sealant, non-sagging,conforming to FS TT-S-000227E, Type II, Class A, and ASTM C 920, Type S,Class 12-1/2, Grade NS, use NT,M,A and O with a minimum movement capability of±25 percent, equal to the following: 1. Mameco International, Inc., product"Vulkem 116". r 2. Sika Corp., Lyndhurst NJ;product, "Sikaflex". 3. Sonnebom Building Products Inc., Minneapolis MN.; product, "Sonolastic NP1". 4. Tremco,Beachwood OH.;product, "Dymonic". 5. Pecora Corporation, Harleysville PA.;product"Dynatrol 1". K. Joint Sealer Type P2(Polyurethane, Multi-component): Low modulus type, Multi- ""' component non-sagging gun-grade polyurethane sealant,conforming to FS TT-S- 000227E,Type 11, Class A,and ASTM C 920, Type M, Class 25, Grade NS, use NT,M,A and O with a minimum movement capability of*50 percent,equal to the following: 1. Mameco international, Inc.,product"Vulkem 922". 2. Sonnebom Building Products Inc., Minneapolis MN.; product, "Sonolastic NP2". 3. Tremco, Beachwood OH.;product,"Dymeric 511". 4. Pecora Corporation, Harleysville PA.;product"Dynatrol II". L. Joint Sealer Type SC(Silicone,general construction):One-part medium modulus, natural cure,synthetic sealant,having a useful life expectancy of at least 20 years, conforming to ASTM C 920,Type S,NS,Class 25,use NT, G,A,M,O with a minimum movement capability of t50 percent,equal to the following: 1. Dow Coming Corporation,Midland MI.; product,"791". 2. General Electric Company(GE Silicones)Waterford NY.; product,"Silpruf. 3. Sonnebom Building Products Inc., Minneapolis MN.;product,"Sonolastic- OmniSeal". 4. Tremco,Beachwood OH.;product,"Spectrim 2". 5. Pecora Corporation, Harleysville PA.;product,"895". M. Joint Sealer Type SE(Silicone,Exterior construction):One-part low modulus, moisture curing,synthetic rubber sealant,having a useful life expectancy of at least !! 20 years,conforming to ASTM C 920,Type S,NS,Class 25,FS TT-S-001 543A, Type, Class A with a minimum movement capability of+100 percent and-50 percent,equal to the following: 1. Dow Coming Corporation, Midland MI.;product,"790". 2. Tremco, Beachwood OH.;product,"Spectrim 1". 3. General Electric Company(GE Silicones)Waterford NY.;product, "Construction 1200". N. Joint Sealer Type SM(Silicone,Mildew-resistant): USDA approved one component acetoxy silicone rubber,mildew resistant,acceptable to local health officials, conforming to U.S.Food and Drug Administration regulation 21 CFR 177.2600, FS TT-S-001 543A.Type Non-Sag,Class A,and FS TT-S-00230C,Type 11,Class A and ASTM C 920,Type S,Class 25,Grade NS,use NT,G and A with a minimum ek LPBA Architects, Inc. 07900-5 JOINT SEALERS AND FILLER City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 A,with a minimum movement capability of+50/-25 percent,equal to one of the following: 1. Mameco International, Inc., product"Vulkem 202". 2. Sonneborn Building Products Inc., Minneapolis MN.; product, "Sonomeric 2". 3. Pecora Corporation, Harleysville PA.; product"Urexpan NR-300". E. Joint Sealer Type FB(Expanding Foam type backer sealant): Low modulus secondary expanding foam sealant fabricated from stabilized acrylic impregnated expanding foam sealant and cross-linked ethylene vinyl acetate(EVA)closed cell foam equal to one of the following: 1. Emseal Joint Systems Ltd.,Westborough Ma. product"Backerseal". 2. Polytite Manufacturing Corporation,Cambridge MA.,product"Polytite B". F. Joint Sealer Type FC(Expanding Foam-Colored): Low modulus silicone faced and impregnated expanding foam sealant equal to Emseal Joint Systems Ltd., Westborough Ma. product"ColorSeai"having the following properties: •* 1. Shore A hardness per ASTM D 2240: 15 pts. 2. Staining per ASTM C 510: None. 3. Xenon arch weathermeter for 2000 hours per ASTM G26-77: No visible deterioration or performance change. 4. Surface weathering for 6000 hours per ASTM G26-77: Minimal hardness change. G. Joint Sealer Type HL1 (Horizontal-self-Leveling, 1-component): Pouring grade self- leveling modified urethane sealant, conforming to FS TT-S-000230C,Type 1,Class A,and ASTM C 920 Type S,Grade P, Class 25,with a minimum movement capability of±25 percent,equal to the following: 1. Mameco International, Inc.,product"Vulkem 45". 2. Sonnebom Building Products Inc., Minneapolis MN.; product,"SL1". 3. Tremco, Beachwood OH.;product,"Tremflex SL". H. Joint Sealer Type HL2(Horizontal-self-Leveling,2-component): Pouring grade self- ** leveling multi-component urethane sealant,conforming to FS TT-S-000227E,Type I,Class A,and ASTM C 920,with a minimum movement capability of±25 percent, equal to the following: 1. Mameco International, Inc., product"Vulkem 245/255". 2. Sika Corp, Lyndhurst NJ.; product,"Sikaflex 2CSL". 3. Sonnebom Building Products Inc., Minneapolis MN.; product, "SL2". 4. Tremco, Beachwood OH.;product,"THC-900". I. Joint Sealer Type HT(Horizontal-Trowel):Trowel grade mull-component modified urethane sealant,conforming to FS TT-S-000227E,Type 1,Class A, and ASTM C 920,with a minimum movement capability of#25 percent,equal to the following: 1. Tremco, Beachwood OH.;product,"THC-901". 2. Sonnebom Building Products Inc., Minneapolis MN.; product,"SL2(slope grade)". 3. Pecora Corporation, Harleysville PA.;product, "Dynatred". LPBA Architects, Inc. 07900-4 JOINT SEALERS AND FILLER e0 City of Northampton Forbes Library fw Masonry Repointing Project 20 West Street Northampton,MA 01060 1.7 PROJECT CONDITIONS A. Do not install single component solvent curing sealant in enclosed building spaces. B. Environmental Requirements:Maintain temperature and humidity recommended by the sealant manufacturer during and 24 hours after installation. Do not proceed with installation of joint sealers under the following conditions: 1. When ambient and substrate temperature conditions are below 40 degrees F. 2. When joint substrates are wet due to rain,frost,condensation,or other causes. C. Do not proceed with installation of joint sealers until contaminates capable of Interfering with their adhesion are removed from substrates. 1.8 WARRANTY A. Provide 5 year warranty under provisions of Section 01780-CLOSEOUT SUBMITTALS.Warranty shall include coverage of installed sealant and accessories which fail to achieve air tight and watertight seal,exhibit loss of adhesion or cohesion, or do not cure. PART 2-PRODUCTS 2.1 SEALANT MATERIALS A. Joint Sealer Type AA(Acrylic acoustical):One com po nent acrylic latex, permanently elastic, non-staining,non-shrinking,non-migrating and paintable. 1. Tremco, Beachwood OH.; product,"Acoustical Sealant". 2. United States Gypsum Company, Chicago IL.; product"USG Acoustical Sealant". 3. Pecora Corporation, Harleysville PA.;product'AC-20 FTR". B. Joint Sealer Type AP(Acrylic painters caulk):One component acrylic latex caulking compound,conforming to FS 19-TP-21 M and ASTM C 834,paintable within 24 hours after application,with a minimum movement capability of±12.5 percent, equal to one of the following: 1. Sonnebom Building Products Inc., Minneapolis MN.; product,"Sonolac". 2. Tremco, Beachwood OH.;product,"Trimflex 834". 3. Bostik; product, "Chem-Calk 600". 4. Pecora Corporation, Harleysville PA.;product'AC-20+" C. Joint Sealer Type B(Butyl):Gun-grade modified butyl and polyisobutylene sealant, conforming to FS TT-S-001657,Type I,and ASTM C-834,with a movement capability of±10 percent or better and a Shore A hardness of 24 to 28,equal to one of the following: 1. Tremco, Beachwood OH.; product,"Butyl Sealant". 2. Pecora Corporation, Harleysville PA.;product"BC-158". D. Joint Sealer Type BP2(Bitumen modified polyurethane, Multi-component): Pouring grade self-leveling bitumen modified two component urethane sealant,conforming to ASTM C920,Type M,Grade P,Class 25 and FS SS-S-00227E,Type 1,Class LPBA Architects, Inc. 07900-3 JOINT SEALERS AND FILLER 40 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 5. ASTM C 919-Use of Sealants in Acoustical Applications. 6. ASTM C 920-Elastomeric Joint Sealants. 7. ASTM C 962-Use of Elastomeric Joint Sealants. 8. ASTM C 1085-Butyl Rubber Based Solvent Release Sealants. 9. ASTM C 1193-Guide for Use of Joint Sealants. 10. ASTM D 1056-Flexible Cellular Materials-Sponge or Expanded Rubber. 11. FS TT-S-00227E-Sealing Compound: Elastomeric Type, Multi-Component. 12. FS TT-S-00230C-Sealing Compound:Elastomeric Type, Single-Component .. 13. FS TT-S-001 543A-Sealing Compound,Silicone Rubber Base. 14. FS TT-S-001657-Sealing Compound, Single Component, Butyl Rubber Based, solvent Release Type. ,. C. The following reference materials are hereby made a part of this Section by reference thereto: 1. SWRI-Sealant and Caulking Guide Specification. 1.4 SUBMITTALS A. Submit the following under provisions of Section 01330-SUBMITTAL PROCEDURES: 1. Literature: Manufacturer's product data sheets,specifications, performance data,chemical and physical properties and installation instructions for each Item fumished hereunder. 2. Manufacturer's certification that the Products supplied meet or exceed specified requirements. 3. Compatibility and adhesion test reports:Test reports from sealant manufacturer indicating that sealant proposed for use have been tested for compatibility and adhesion with actual samples of substrates to be used on this project. Include sealant manufacturer's interpretation of test results, and recommendations for primers and substrate preparation specific to this project 4. Selection samples:Sample card indicating Manufacturer's full range of colors available for selection by Architect �* 5. Verification samples: 12 inch long samples of sealant for verification of color, installed where directed by Architect. 1.5 QUALITY ASSURANCE A. Applicator specializing in applying the work of this Section with a minimum of 3 years documented experience approved by sealant manufacturer. B. Obtain joint sealers from a single manufacturer for each type specified. Conform to SWRI requirements for installation. 1.6 DELIVERY,STORAGE AND HANDLING A. Each container and package must bear an unbroken seal,test number and label of the manufacturer upon delivery to the site. Failure to comply with these requirements shall be sufficient cause for rejection of the material in question,by the Architect and his requiring its removal from the site. New material conforming to said requirements,shall be promptly furnished at no additional cost to the Contract. LPBA Architects, Inc. 07900-2 JOINT SEALERS AND FILLER City of Northampton Forbes Library Masonry Repolnting Project 20 West Street Northampton,MA 01060 SECTION 07900 JOINT SEALERS AND FILLER PART 1 -GENERAL 1.1 SECTION INCLUDES A. Prepare sealant substrate surfaces,including removal of existing sealant and backing,and thorough cleaning of joints. B. Furnish and install sealant and backing. C. Unit price window sealant replacement 1.2 RELATED SECTIONS A. Section 04810-UNIT MASONRY ASSEMBLIES: Control and expansion joints in masonry construction B. Section 07317-SLATE SHINGLES:Sealant used in conjunction with the installation of slate roofing C. Section 07620-SHEET METAL FLASHING AND TRIM:Sealant integral with flashing. D. Section 07840-FIRESTOPPING:Firestopping sealants and related backing materials. E. Section 08411 -ALUMINUM FRAMED STOREFRONT:Perimeter sealant at exterior of storefront framing. Io F. Section 08800-GLAZING:Sealant used in conjunction with setting glass. G. Section 09250-GYPSUM BOARD:Application of concealed acoustical sealant used 40 in conjunction with gypsum board work. H. Section 09300-TILE:Joints in wall and floor tile. 40 1. Section 09910-PAINTS:Caulks used in preparation of applied Finish Coatings. 1.3 REFERENCES A. The standards referenced herein are included to establish recognized quality only. Equivalent quality and testing standards will be acceptable,subject to their timely submission,review and acceptance by the Architect ON B. Comply with applicable requirements of the following standards and those others referenced in this Section,under the provisions of Section 01420-REFERENCES. Where these standards conflict with other specified requirements,the most restrictive requirements shall govern. 1. ASTM C 717-Terms Relating to Building Seals and Sealants. 2. ASTM C 790-Use of Latex Sealing Compounds 3. ASTM C 804-Use of Solvent-Release Type Sealants. 4. ASTM C 834-Latex Sealing Compounds. LPBA Architects, Inc. 07900-1 JOINT SEALERS AND FILLER w City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 4. Prime cheeks of joint to be caulked with primer immediately prior to caulking installation. Make preliminary tests to insure that primers will not stain exposed materials or deteriorate backup material. .. 5. Install closed cell backer rod to control depth of caulk joint as above. 6. Do not twist, puncture of stretch backer rod backup material during installation. 7. Use masking tape where practical to control lap of materials onto adjacent surfaces or to facilitate tooling. Remove tape immediately after sealing. r 8. Caulking will be gun applied through a nozzle opening of such diameter that a full bead is gunned into the joint, filling it completely. 9. Immediately after application, neatly tool joints using tooling agent recommended by sealant manufacturer. Repair any air pockets exposed by tooling. 10. Immediately after tooling, lightly sand all joints with fine, clean sand to match color of surrounding stone, brick or mortar joints as appropriate. 11. Apply all sealants in accordance with manufacturers written instructions and recommendations. Do not apply to damp surfaces; do not apply if surface temperature of substrates is below 40° F or above 100° F. 12. Color caulking samples to be submitted for Architect's approval. 13. Refer to Section 07900-Joint Sealers and Filler. 3.03 REPAIR CRACKS IN STONE 1. Cracks will be routed out to a depth of 5/8"and backer rod or bond breaker tape installed followed by priming the cheeks and caulking and sanding of caulk joint(final color to match face of brownstone , granite or masonry brick as in 3.03 CAULKING above. 3.04 CLEAN UP 1. All residues from any operations shall be cleaned from the premises daily. 2. All work areas shall be left in a neat and secure manner at the close of each workday. 3. All residues from operations shall be cleaned from the walls and windows of the building at the completion of work on the elevation. 4. All windows shall be washed from the exterior and interior sides at substantial completion. Substantial Completion by definition represents ninety-nine (99%) percent of the Project work complete. END OF SECTION + LPBA/Architects, Inc. 04510-6 HISTORIC MASONRY RESTORATION City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 8. Use fiber brushes for the application of the cleaning materials, do not use spray equipment for application of cleaning materials. 9. Apply cleaning materials according to the written specifications of the manufacturer. Multiple applications of cleaning materials may be required to clean the various areas of the building. 3.02 CUTTING AND POINTING: BRICK OR STONE MORTAR JOINTS !!' 1. All cutting shall be done by hand to mortar joints so as not to cut or damage brick or stone in any manner. No machine tools will be accepted to remove mortar from bed and vertical joints. Sound stone/brick damaged by the cutting process shall be replaced at the Contractor's expense. 2. Cutting shall be done only by mechanics skilled in the work. 3. Joints shall be cut to minimum depth of or to sound mortar whichever is deeper. 4. Joints shall have all new mortar and old mortar removed from the face of brick, brownstone, or granite stone. 5. No pointing shall be done if temperature of the substrate is less than 40° or will drop below 320 within the next 24 hours. 6. Joints shall be blown or brushed clean of all debris, and shall be damped with clean water by sprinkling with a wet paint brush or spray bottle. 7. After no surface water remains visible,joint will be packed with mortar in lifts of not more than 3/8" and each lift struck to compress the mortar. When joint is"thumbprint" hard, tool joint to match-approved sample joint, follow with a light pass with a wire brush to antique the joint to match adjoining work. Keep joint moist with a fine mist of water for 2 to 4 hours to retard fast drying of mortar. 8. Mortar may not be re-tempered more than 1 time and all mortar will be used within 1 hour of mixing or be discarded. 9. Clean stone and brickwork of excess mortar and mortar smears not less than 6 days after pointing of an area is completed. 3.03 CAULKING 1. All joints to be caulked will be cut to a minimum depth of%" in depth depending on width, and to the full width of the joint. 2. Joint will be backpacked with approved pointing mortar to proper depth for the installation of backer rod and caulking. PP 3. Depth of caulk joint will depend on width of joint. Minimum sealant joint, %inch by'/< inch; depth should not exceed width of joint from %inch to Y2 inch. For joints larger than Y2 inch by'/z inch, the depth of the joint should be 50% of the width. LPBA/Architects, Inc. 04510-5 HISTORIC MASONRY RESTORATION City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 C. Caulking: 1. Shall be 2 part gun grade polyurethane caulking conforming to Federal Specification TT-S-0227E, Type II, Class A, with a cured shore"A" durometer hardness not less than 30, equal to Tremco"Dymeric", Sika"Sikaflex 2c" or Pecora"Dynatrol II". 2. Primer for caulking will be used at all caulk joints and shall be provided by the caulking manufacturer for the specific substrate. 3. Backer rod for caulking shall be closed cell polyethylene rod and shall be of various diameters, but shall be 1/8" larger than joint for joint widths up to W, and %4' larger for joint width over W. es 4. Sand or dust caulk joints with clean fine sand to match the color of the adjoining stone, brick or mortar joints as appropriate. Base color of caulk to approximate color of adjacent stone or masonry. PART 3—EXECUTION „R 3.01 CLEANING 1. No cleaning will be done if the ambient temperature drops below 500 or is expected to drop below 400 before the masonry has thoroughly dried. 2. Protect surrounding people and areas to be cleaned. Avoid over spray and spills. 3. Cleaning shall be done using various cleaning agents and low pressure(400—500 psi)water pressure with wide fan spray head on wand. Compressors shall have calibrated pressure gauge installed at compressor. 4. All surfaces to be cleaned shall be thoroughly presoaked with clean water to prevent the absorption of the cleaning solution within the pores of the masonry. 5. During the cleaning process, a continuous flow of water shall be directed below the areas being cleaned to prevent the absorption of the cleaning materials into the substrates below. 6. Cleaning shall progress generally from the bottom of the building to the top to minimize streaking. As cleaning progresses up the various elevations, the wall area below will have a continuous spray of water to keep wall saturated to minimize chemical penetration into the substrate. 7. Prior to cleaning activity, ground agricultural limestone shall be spread at the base of the wall at approximately the rate of 2lbs per lineal foot of building to neutralize the acidic waste water residue from the washing activities. Prior to starting washing, existing acidity of the soil will be check using litmus paper strips, and during the washing operation will be checked on a daily basis and the quantity of ground limestone adjusted accordingly to maintain the ambient level of acidity. LPBA/Architects, Inc. 04510-4 HISTORIC MASONRY RESTORATION on City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 w C. Manufacturer's Material Safety Data sheets on all applicable products. 1.07 COORDINATION A. Work of this section shall be coordinated with the Representative of the owner to assure the steady progress of all of the work per Contract Drawings and Specifications. 1.08 PRODUCT DELIVERY, STORAGE AND HANDLING A. Material shall be delivered, stored, and handled fully protected from the weather and other damage. 1.09 QUALITY ASSURANCE A. Masonry Restoration Contractor shall be able to demonstrate a minimum of 5 years of successful experience in the processes, materials and operations required for this project, and shall also be able to demonstrate successful experience with"historic restorations" of this size and scope. .w PART 2—PRODUCTS 2.01 MATERIALS �w A. Cleaning materials: 1. Shall be based on "Restoration Cleaner" as manufactured by ProSoCo Products. Other products as needed will be by ProSoCo as 766 Masonry Prewash", "Stand Off Heavy Duty Detergent", "Asphalt and Tar Remover', and other products as needed to clean building. Other acceptable manufacturers are Diedrich Chemical Co., and HydroClean and their comparable products. 2. Cleaning materials shall be based on sample areas of the building cleaned according to manufacturer's specifications with submitted products. 3. Ground agricultural limestone to neutralize cleaning materials. B. Mortar: 1. Shall be 1:2:7. Type I Portland cement: hydrated lime: sand, aggregate sizes to match existing. Color to the extent possible shall be developed with natural color of the aggregate. Color samples required to be mixed and set in place for sample approval with gray and red coloring. Architect shall approve sample coloring. LPBA/Architects, Inc. 04510-3 HISTORIC MASONRY RESTORATION City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 7. Remove all bituminous asphalt and other dissimilar materials from exterior face of stone. This is typically found at step flashings-roof to wall connections, or wall flashings. Clean and restore granite face to original condition. 8. Contractor to remove and reinstall all rain_Leaders, or leader boxes from ground to gutters where performing work. Store in area to prevent damage to metal rain leader. Re-install leaders as soon as possible. Include new hardware and fasteners for re- attachment. 1.04 RELATED WORK SPECIFIED ELSEWHERE A. Not Used 1.05 REFERENCE STANDARDS A. The Secretary of the Interior's Standards for the Treatment of Historical Properties. B. The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings. 1.06 SUBMITTALS A. Samples: Submit representative samples of products to be furnished under this Section for selection and approval, as follows. Delivered material and work shall match approved samples. 1. Samples of cleaned four by eight foot(4'x 8')area of the building shall be submitted using the approved methods and products for the architect's approval. Prior to cleaning, submit manufacturer's most current Specification Sheet for the approved *"s cleaning material. Multiple tests of varying concentrations shall determine composition of cleaning solutions, as required. 2. Mortar: Submit installed samples of mortar, in properly hand cut joints, to show color, aggregate, and joint style; in place on the wall, in adjoining mortar joints of not less than four(4) LF each, for the Architect's approval. 3. Mortar Analysis: Contractor to send four test samples of mortar for petrographic testing to outside and approved laboratory for determining the contents, (composition, aggregate, lime content, cement content, and color of the existing mortar. Contractor to remove representative sample mortar minimum 2two inches from face of stone in area selected by Architect. 4. Caulking: Submit color samples of the approved caulking for Architect's approval. B. Manufacturer's Literature: Copies of the manufacturer's most current Specification sheets for the cleaning materials, caulking and backer rod. LPBA/Architects, Inc. 04510-2 HISTORIC MASONRY RESTORATION City of Northampton Forbes Library W Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 04510 HISTORIC MASONRY RESTORATION PART 1 —GENERAL 1.01 GENERAL REQUIREMENTS A. Include GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, and applicable parts of Division 1 as part of this Section. B. Examine all Sections of the Specifications for requirements, which affect work of this Section whether or not such work is specifically mentioned in this section. C. The Work of this Section is shown on the Architectural Drawings. Refer to all Drawings and Specifications for Work, which shall be included under this Section. "! 1.02 FILE SUB BIDS (NOT USED) 1.03 SCOPE OF WORK A. Work included: The scope of work, without limiting the generality thereof, consists of furnishing all labor, materials, plant, transportation, equipment, accessories, appurtenances, and service necessary and/or incidental to the proper completion of all masonry restoration work as shown on the drawings, described in the specifications, or as reasonably inferred from either, in the opinion of the Architect, as being required, and includes: 1. Clean building to remove surface dirt, and stains. Clean brickwork including chimney and interior area of chimney, down to two-foot depth. Remove airborne dirt and * carbon buildup, paint residue, and stains. 2. Cut and point brick and stone in all areas and open all joints in foundation above grade to prepare for mortar pointing. 3. Cut and remove all caulk joints between stone and exterior wood window trim, including sills. 4. Rout out cracks in cracked brownstone windowsills and granite foundation and caulk with color to match the existing color conditions of brownstone sills. 5. All work shall be completed in conformance with the Secretary of the Interior's Standards for the treatment of Historic Properties. + 6. The Masonry Contractor will carry staging for masonry work. LPBA/Architects, Inc. 04510-1 HISTORIC MASONRY RESTORATION City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 B. Before starting the project, the Contractor shall provide written documentation that the existing window caulking materials have been tested for hazardous materials.All materials will be disposed of in a Massachusetts DEP approved landfill and that none be utilized for fill, recycled, nor incinerated. A signed copy of the disposal waste shipment record shall be submitted to the Owner. If tested positive separate bids will be accepted for removal by a licensed contractor. ..� 3.04 ON-SITE STORAGE A. No equipment or materials shall be stored on or within the building. B. Ground level storage areas will be provided adjacent to the facility for equipment and .. demolition containers. The size and location of these areas may be limited and shall be determined by the Authority. 3.05 REPAIR OF DAMAGES A. The Contractor shall provide a list of damaged or deteriorated elements of the building and adjacent areas to the Authority prior to demolition and shall be responsible for repair or replacement of damaged or deteriorated items not on that list when the operations of the Contractor are substantially complete. B. Damage to any portion of the building which results in disruption of or inconvenience to the Authority or his employees shall be immediately repaired or replaced by the Contractor. If such restitution is not promptly made, the Authority shall have the necessary work performed by an outside entity at the Contractor's expense. END OF SECTION LPBA Architects, Inc. SECTION 02050-6 DEMOLITION City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 u PART 3 EXECUTION 3.01 PROTECTION A. Before starting demolition, the Contractor shall be solely responsible for making all necessary arrangements and for performing any necessary measures required to ensure the safety of the public, as well as, Contractor's workforce. B. Adequate protection of persons and property shall be provided at all times. The work shall be executed in a manner to avoid interference with the use of adjacent buildings, areas or properties, and to avoid interruption of free passage to or from such buildings, areas or properties. C. Investigate and comply with any rules or regulations relative to providing and paying for uniformed Police to regulate or control traffic on existing streets which are affected by the Contractor's operation. D. Furnish signs, lights, barricades and other equipment as may be necessary for the safe execution of the work. E. If necessary for the safe execution of the work, provide ground-based personnel to direct pedestrian and vehicle traffic away from areas presenting a particular hazard. 3.02 POLLUTION CONTROL A. The Contractor shall be aware that this facility may be in limited use throughout the course of construction and that any disruption or inconvenience sustained by the Authority(or others)must be kept to an absolute minimum. The Contractor shall select equipment and procedures to mitigate noise, airborne dust and other forms of discomfort. B. All demolished materials shall be considered the property of the Contractor and shall be removed from the site in its entirety on a daily basis and be legally disposed. On site storage of discarded material will not be permitted. C. The Contractor shall supply a chute, or crane-operated scale pan for the removal of debris from the roof. This is necessary to limit the spread of dust or debris. w D. Wet down debris to prevent air pollution by dust rising from demolition. E. Contractor shall comply with the following but not limited to: The City of Northampton Air Pollution Regulation and The Commonwealth of Massachusetts Department of Environmental Protection 310 CMR 7.09 Dust Order Construction and Demolition. 3.03 DISPOSAL OF HAZARDOUS CONTAINING MATERIAL A. Disposal of all H.C.M. materials in a landfill permitted by the DEP to accept solid waste and, in accordance with the Solid Waste Management Facility Regulations, 310. CMR 19.061 "Special Waste". LPBA Architects, Inc. SECTION 02050-5 DEMOLITION City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.08 ASBESTOS A. If asbestos materials, or materials suspected to contain Asbestos, are encountered during construction, demolition, or cutting and patching the Contractor shall immediately cease work in the area of the suspect material, and immediately notify both the Authority and Architect. The Authority or Architect, or their designated representative, will investigate these materials, and determine the method for removal, disposal, or encapsulation of these materials. B. If the Contractor or Subcontractor disturbs, removes disposes, or encapsulates these materials without written authorization and instructions from the Authority or Architect; or disturbs, removes, disposes or encapsulates these materials in a manner not in accordance with the written authorizations and instructions, the Contractor and Subcontractor shall indemnify, defend, and hold harmless the Authority and Architect against any loss, damage, or liability arising, or resulting from, such unauthorized improper acts of the Contractor and Subcontractor; and further, the Authority and Architect shall not be responsible for any such loss, damage or liability arising, or resulting from the Contractor's or Subcontractor's acts. 1.09 SEQUENCE OF OPERATIONS A. The Contractor shall submit for approval the complete sequence of operations for demolition and show how it is coordinated with all other aspects of the job. Work shall not begin until such a schedule has been approved by the Architect and the Authority. B. The Contractor shall include with his sequence schedule a description of all procedures .. and equipment to be utilized to perform the demolition work. C. The Contractor shall assure that building components being demolished will be covered at the end of each day for weather protection. PART 2 PRODUCTS 2.01 MATERIALS A. Provide adequate number and size of dumpsters, refuse containers, trucks, chutes, etc. for proper execution of demolition work. All demolition removal containers shall be properly protected and maintained on a daily basis. Location of dumpsters and storage containers need to be approved by the Authority. LPBA Architects, Inc. SECTION 02050-4 DEMOLITION WIN City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 F. All debris which is removed from the site shall be properly-secured and totally covered before it is transported. G. Large-scale demolition equipment shall not be permitted. ON H. The contractor bares sole responsibility for protection of interior and exterior portions of the structure(and its contents)during demolition operations. The contractor shall provide all protection as deemed necessary by the Authority. This includes but is not limited to polyethylene sheeting, and tarpaulins as required preventing damage or contamination of the building and its contents. Only areas,which can be secured by the end of each work day, shall be opened during the course of the work. 1.06 PERMITS A. The Contractor, at his sole cost, shall obtain all necessary authorizations, including permits, licenses, and other requirements necessary for the legal execution of the work. The Contractor shall also give all necessary notices, pay all legal fees, and comply with all regulations of all authorities having jurisdiction, including State, County, and City Building and Sanitary Laws, Rules, Ordinances, or Regulations, relating to the building or preservation of public health. The Contractor shall pay all inspection fees and costs imposed by the above. A. The Contractor shall provide the Authority with evidence of the payment of any and all necessary permits, licenses, and other requirements(as outlined in the preceding paragraph). All such evidence shall be submitted with each Application for Payment. NO 1.07 REGULATORY REQUIREMENTS A. Conform to applicable codes for demolition work, safety of structure, dust control, and disposal of debris. Conform to procedures applicable when discovering hazardous materials or contaminated substances. 1. The Contractor is directed not to disturb or attempt removal of any discovered hazardous materials or contaminated substances. Immediately notify both the Authority and the Architect upon discovery. 2. Removal or containment of the hazardous materials contaminated substances shall be performed by an abatement specialist. 3. General Contractor shall comply with Local, State and Federal Regulations regarding Hazardous Materials requirements. 4. Do not close or obstruct egress width to exits. Do not disable or disrupt building „ fire or life safety systems without three days prior written notification to the Authority and Architect. LPBA Architects, Inc. SECTION 02050-3 DEMOLITION .w City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.03 RELATED WORK A. Related Sections: 1. Section 02050—Selective Demolition: Removal of existing mortar by hand cutting. 2. Section 07900—Caulking and Sealant: Sealants and fillers not specified herein. 3. Section 04510—Historical Masonry Restoration 1.04 COORDINATION A. It is the responsibility of the Contractor to coordinate the work of this Section with all other work on the project or ongoing site work. B. Conduct the work in a manner giving prime consideration to protection of the public; protection from weather, control of noise, shocks, and vibration; control of dirt and dust; orderly access for and storage of materials; protection of existing buildings; protection of adjacent surfaces and property; coordination and cooperation with the Authority at all times. C. Comply with all requirements of this contract relative to protection, scheduling and coordination with Authority. *� D. Provide necessary protection to completely cover all remaining adjacent surfaces, existing equipment, furniture and landscape during demolition operations. 1.05 JOB CONDITIONS A. The Contractor shall inspect the premises prior to the submittal of his proposal for conditions, which may affect his work. B. Demolition, storage of materials, removal of debris and construction operations shall not interfere with any Authority operations. C. Owner shall provide power for small tools at no cost to the Contractor for energy, but Contractor must employ a licensed electrician, satisfactory to the Authority, to make all connections and do all work including removal of temporary wiring. D. All hoisting, demolition and hauling equipment and machinery required for the proper and expeditious fulfillment of the work shall be furnished, installed, operated and w maintained in safe condition by the Contractor. All costs for hoisting services shall be bome by the Contractor. E. The Contractor shall remove all debris from the project site and shall legally dispose Ap of all debris generated by the project. Prior to demolition, Contractor shall furnish documentation of the disposal method used, satisfactory to the Authority, Architect and legal authorities. LPBA Architects, Inc. SECTION 02050-2 DEMOLITION City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 02050 DEMOLITION s„ PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SECTION INCLUDES A. The work of this section consists of the demolition work, including removal and legal disposal of existing materials. B. Contractor shall be required to coordinate and schedule a pro-conference meeting with Architect and Authority prior to commence removal of existing masonry mortar in vertical and bed Joints and related materials. C. Demolition work shall include but is not limited to the following: 1. The following work shall be included but not limited to: a. The complete removal and legal disposal of the existing backer rod and sealant joints, at all wood or metal window trims, loose, damaged and/or deteriorated abandoned metals and all related debris to the project work. D. Remove, salvage and provide storage for removed products, materials, equipment and furnishing indicated for re-use, including but not limited to: 1. N/A E. The drawings indicate and show limits of construction for this project. The specifications specify material and work requirements for this project. Both are complementary to each other and both shall be followed to complete the work. LPBA Architects, Inc. SECTION 02050-1 DEMOLITION aw City of Northampton Forbes Library .w Masonry Repointing Project 20 West Street Northampton,MA 01060 r PART 2 PRODUCTS ro 2.01 CLEANING MATERIALS A. General: Provide cleaning materials that will not create hazards to health nor property, and will not damage surfaces or finishes. B. Use cleaning materials and methods recommended by manufacturer of surface to be .. cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 EXECUTION 3.01 FINAL CLEANING A. Employ skilled workers for final cleaning. B. Clean and restore adjoining surfaces and other work soiled or damaged during installation; replace work damaged beyond successful restoration. Where performance of subsequent work could result in damage to complete unit or element, provide protective covering and other provisions to minimize potential for damage. *R C. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed interior and exterior surfaces. D. Complete the following cleaning operations prior to requesting inspection for Certification of Substantial Completion: 1. Remove labels that are not permanent. 2. Clean glass and mirrors. 3. Polish glossy surfaces to clear shine. 4. Clean interior and exterior finishes to a clean, dust-free condition. Remove stains, films, and similar foreign substances. 5. Leave concrete floors broom clean. 6. Vacuum and mop hard floor surfaces. 7. Vacuum carpeted floor surfaces. 8. Clean plumbing fixtures to a sanitary condition. 9. Clean site areas of rubbish, litter, and other foreign substances. Sweep paved areas broom clean; rake ground surfaces clean. ,. E. Heating, Ventilating, and Air Conditioning Systems: Clean permanent filters and replace disposable filters if units are operated during construction. Do not operate heating, ventilating and air conditioning systems without filters. F. Replace lamps in permanent light fixtures used during construction to match existing. w G. Before final completion and Authority-occupancy, inspect sight-exposed interior surfaces and work areas to verify that Work is clean. END OF SECTION LPBA Architects, Inc. 01700-8 CONTRACT CLOSEOUT "'" City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.09 WARRANTIES AND BONDS A. General: Assemble warranties, bonds, and service and maintenance contracts, executed by each of the respective manufacturers, suppliers, and subcontractors. B. Number of Original Signed Copies Required: Two each. C. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item including, product or work item, firm name, address, and telephone number. Information Required: Provide the date of beginning of warranty, bond, or service and maintenance contract, and duration of warranty, bond, or service and maintenance contract. D. Information for Authority's Personnel: Provide information on the proper procedures in case of failure. Indicate instances which might affect the validity of warranty or bond. 1h Indicate Contractor, name of responsible principal, address, and telephone number. E. Form of Submittal: Prepare duplicate packets of 8-1/2 x 11 in., punched sheets for installation in standard three-ring binder. Fold larger sheets to fit into binders. 1. Cover of Packet: Identify each packet with typed or printed title"WARRANTIES AND BONDS". List the Project title and number, and name of Contractor. 2. Binders: Bind into commercial quality, three-ring, with durable and cleanable plastic covers. F. Time of Submittals: For equipment or component parts of equipment put into service during progress of construction, submit documents within ten days after inspection and acceptance, otherwise make submittals within ten days after Date of Substantial Completion, and prior to final request for payment. 1. For items of work where acceptance is delayed materially beyond Date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.10 FINAL CLEANING A. General: General cleaning during construction operations is specified as Work of Section 01500, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS. B. Employ experienced workers or professional cleaners for Final Cleaning. Clean each surface to the condition expected in a normal building cleaning and maintenance program. Comply with manufacturer's instructions and recommendations. C. Comply with the requirements of the Authority. wA. LPBA Architects, Inc. 01700-7 CONTRACT CLOSEOUT City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 D. Format of Data: Prepare data in form of instructional manual for use by Authority's personnel. Format shall be 8-1/2 in. x 11 in., 20 pound minimum, white, typed pages. Text shall be manufacturer's printed data, or neatly typewritten. Drawings shall be bound with text, with reinforced punched binder tabs. Fold larger drawings to size of text pages. Provide fly-leaf for each separate product or each piece of operating equipment. Provide typed description of product and major component parts of equipment. Provide indexed tabs. 1. Binders: Provide commercial quality three-ring binders with durable and cleanable plastic covers,with maximum ring size of 1 in. When multiple binders are used, 2. Correlate the data into related consistent groupings. 3. Binder Cover: Identify each volume with typed or printed title"OPERATING AND MAINTENANCE INSTRUCTIONS". List title of Project, identity of separate structure as applicable, and identity of general subject matter covered in the manual. E. Content of Manual: Neatly typewritten table of contents for each volume, arranged in order corresponding with this Project Manual, indicating Contractor name and address, and a list of each product, indexed to content of the volume. Provide a separate list with each product, name, address, and telephone number of subcontractor or installer, and local source of supply for parts and replacement. 1. Provide in each volume a copy of each warranty, bond, and service contract issued. F. Submittal of Maintenance and Operating Manual: Submit two copies of preliminary draft of proposed formats and outlines of contents prior to start of Work. 1. Architect will review draft and return one copy with comments. 2. Submit one copy of complete data in final form 15 days prior to final inspection or acceptance. Copy will be returned after final inspection or acceptance, with comments. 3. Submit three copies of approved data in final form ten days after final inspection or acceptance. 1.08 INSTRUCTION OF AUTHORITY'S PERSONNEL A. Prior to final inspection or acceptance, fully instruct Authority's designated operating and maintenance personnel in the operation, adjustment and maintenance of products, equipment and systems. Provide a minimum of eight(8)hours training on all systems. B. Operating and maintenance manual shall constitute the basis of instruction. 1. Review contents of manual with personnel in full detail to explain all aspects of operation and maintenance. 40 LPBA Architects, Inc. 01700-6 CONTRACT CLOSEOUT .., City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 as 1.06 RECORD DOCUMENTS (continued) E. Drawings: Legibly mark Drawings to record actual construction, including the following: 1. Depths of various elements of foundation in relation to finish first floor datum. 2. Location of internal utilities and appurtenances Concealed in the construction, referenced to visible and accessible features of the structure. 3. Field changes of dimension and detail. 4. Changes made by Field Order or Change Order. 5. Details not in original Contract Documents. F. Specifications and Addenda: Legibly mark each Section to record: 1. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. 2. Changes made by Field Order or by Change Order. G. Submittal:At Contract Closeout,deliver Record Documents including As-Built Drawings to Architect. Accompany submittal with transmittal letter in duplicate, indicating the date, Project title and number, Contractor's name and address, title and number of Record Document, and signature of Contractor or his authorized representative. 1.07 OPERATING AND MAINTENANCE DATA A. General: Prepare and submit Operating and Maintenance Data as specified in this Section and referenced in other pertinent Sections of Specifications. Organize Operating and Maintenance Data into suitable sets, bound and indexed. Mark appropriate identification on front and spine of each binder. Include the following types of information: 1. Emergency instructions. 2. Spare parts list. 3. Copies of warranties. 4. Wiring diagrams. 5. Inspection procedures. 6. Video of major building systems showing operating and maintenance procedures. B. Instruct Authority's personnel in maintenance of products and in operation of equipment and systems. C. Preparation of data shall be done by personnel trained and experienced in maintenance and operation of described products. LPBA Architects, Inc. 01700-5 CONTRACT CLOSEOUT No City of Northampton Forbes Library Masonry Repainting Project 20 West Street Northampton,MA 01060 1.05 FINAL ACCEPTANCE (CONTINUED) D. Application for Final Payment: Submit Application for Final Payment in accordance with procedures and requirements of the GENERAL CONDITIONS and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS. 1. Architect will issue final Change Order, reflecting approved adjustments to the ** Contract Sum not previously made by Change Orders. 1.06 RECORD DOCUMENTS A. General: Maintain a complete set of Record Documents at the site. Do not use Record Documents for construction purposes. Provide access to Record Documents for Architect and Authority's reference. Generally, without limitation, Record Documents shall include the following: 1. Record Drawings: Maintain a clean set of blue or black line prints of Contract Drawings and shop drawings, marked to show actual installation. Give particular attention to concealed items. 2. Record Project Manual: Maintain a clean Project Manual, including Addenda, Change Orders, Architect Field Orders, and other modifications, marked to show changes in actual work performed. Give particular attention to substitutions, selection of options, and similar information. 3. Record Product Data: Maintain one copy of each approved Product Data submittal, marked to show changes from products delivered, work performed, and from manufacturer's recommended installation instructions. 4. Record Samples: Maintain one copy of each approved Sample submitted. 5. Record Field Test Reports: Maintain one copy of each Field Test Report. 6. As-Built Drawings: upon completion of project deliver to Architect one complete set of wash-off mylar construction document drawings as amended per addenda ^ recording all information gathered in accordance with 1.06E below, and embodying all changes made during the course of the construction. B. Maintenance of Documents and Samples: Store documents and samples in Contractor's field office apart from documents used for construction. Provide files and racks for document storage. Provide locked cabinet or secure storage space for storage of samples. File documents and samples in accordance with CSI format. Maintain documents in clean, dry, legible condition and in good order. Do not use Record Documents for construction purposes. Make documents and samples available at all times for inspection by Architect. C. Marking Devices: Provide felt tip marking pens for recording information in the color code designated by Architect as follows: Blue-Architectural Red-Structural Green-Plumbing Violet-HVAC Black-Electrical , D. Recording: Label each document"PROJECT RECORD"in neat large printed letters. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. LPBA Architects, Inc. 01700-4 CONTRACT CLOSEOUT * 09 City of Northampton so Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.05 FINAL ACCEPTANCE (CONTINUED) d* 4. Lien releases as stated in GENERAL CONDITIONS and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS. 5. Submission of updated final statement, including accounting for final additional changes to the Contract Sum. Show additional Contract Sum, additions and deductions, previous Change Orders, Total Adjusted Contract Sum, previous payments, and Contract Sum due. " 6. Submission of consent of surety. 7. Submission of evidence of final, continuing insurance coverage complying with insurance requirements. B. Transmit final Project Record Documents to Authority. 9. Certify that taxes, fees, and similar obligations have been paid. 10. Remove temporary facilities and services. 11. Remove surplus materials, rubbish and similar elements. 12. Certify Work has been inspected for compliance with Contract Documents. 13. Certify Work has been completed in accordance with Contract Documents, and deficiencies listed with Certificate of Substantial Completion have been corrected. 14. Certify equipment and systems have been tested in presence of Authority's representative, and are operational. 15. Certify Work is complete and ready for final inspection. B. Architect will inspect to verify status of completion within fourteen calendar days. C. Should Architect consider Work is incomplete or defective, he will promptly notify Contractor in writing, listing incomplete or defective work. 1. Contractor shall take immediate steps to remedy deficiencies and send a second written certification that Work is complete, and Architect will reinspect the work. 2. When Architect finds Work is acceptable, he will consider closeout submittals. 3. Reinspection Fees: Should Architect perform reinspections due to failure of Work to comply with claims made by the Contractor, Authority will compensate Architect for such additional services, and deduct the amount of such compensation from final payment to the Contractor. 410 LPBA Architects, Inc. 01700-3 CONTRACT CLOSEOUT wa City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 , 1.04 SUBSTANTIAL COMPLETION A. Prior to requesting inspection for approval of Substantial Completion, complete the following: aw 1. On the Application for Payment, show 100%completion for portions of work claimed as substantially complete. Submit punch list of incomplete items, value of incomplete work, and reasons work is not complete. 2. Submission of occupancy permits and all other permits and certifications required by the City of Boston. 3. Submission of warranties and bonds. 4. Submission of testladjust/balance records. 5. Submission of maintenance instructions. 6. Submission of meter readings. 7. Final cleaning. 8. Application for reduction of retainage. 9. Consent of surety. 10. Notification of shifting insurance coverages. B. Within twenty-one calendar days time, Architect will inspect to determine status of completion. C. Should Architect determine Work is not substantially complete, he will promptly notify Contractor in writing, giving reasons therefore. Ab D. Contractor shall remedy deficiencies, and send a second written notice of Substantial Completion. Architect will re-inspect the Work. go E. When Architect determines Work is Substantially Complete, he will prepare a Certificate of Substantial Completion in accordance with GENERAL CONDITIONS and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS. At 1.05 FINAL ACCEPTANCE A. Prior to requesting final inspection for certification of Final Acceptance and final payment, .w complete the following: 1, Submission of final payment request with releases and supporting documentation. 2. Completion of incomplete Work. 3. Assurances that unsettled claims will be settled. LPBA Architects, Inc. 01700-2 CONTRACT CLOSEOUT �" A City of Northampton Forbes Library Masonry Repainting Project 20 West Street Northampton,MA 01060 SECTION 01700 CONTRACT CLOSEOUT ,a PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. This Section specifies administrative and procedural requirements during contract closeout, including, but not limited to: 1. Substantial Completion. 2. Final Acceptance. 3. Record document submittal. 4. Operating and maintenance data. 5. Warranties and bonds. 6. Final cleaning. B. Comply with Specific requirements contained in the GENERAL CONDITIONS and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS. C. Provide all affidavits, certifications, and other requirements of local authorities having jurisdiction including the City of Northampton. 1.03 RELATED REQUIREMENTS A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that directly relate to work of this Section include, but are not limited to: e 1. GENERAL CONDITIONS and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS; Fiscal provisions, legal submittals, and additional �Ir administrative requirements. 2. Section 01010, SUMMARY OF WORK; Authority occupancy. 3. Respective Sections of Specifications: Closeout Submittals for work of the Section. ,0t LPBA Architects, Inc. 01700- 1 CONTRACT CLOSEOUT City of Northampton Forbes Library w Masonry Repointing Project 20 West Street Northampton,MA 01060 1. It is at least equal in quality, durability, appearance, strength and design; including compliance with applicable specifications and compatibility with physical space allocations provided for the item; 2. It performs at least equally the function imposed by the general design for the work. C. Where more than one product or material is specified, the choice of these shall be optional with the Contractor. dh D. Should the Contractor, after the award of the Contract, wish to use any products or materials other than those specified, he shall request written permission of the Architect. His request shall name and adequately describe (including shop drawings) the proposed substitutions, furnish any information requested by the Architect, and state what difference, if any, will be made in the Contract price, including the cost of changes in the Work,for such substitutions should they be accepted. Upon receipt of complete information from the Contractor, the Architect will consider all aspects of the proposed substitution and w. advise the Contractor in writing approving or disapproving the substitution. The principal reasons for approval or disapproval of the substitution will be enumerated by the Architect. Disapproval of the substitution shall not be cause for an increase in Contract price or a delay in schedule. E. Request constitutes a representation that Contractor: 1. Has investigated proposed Product and determined that it meets or exceeds, in all respects, specified Product. 2. Will provide the same warranty for substitution as for specified Product. 3. Will coordinate installation and make other changes which may be required for Work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. F. Substitutions will not be considered when they are indicated or implied on Shop Drawing or .� Product Data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents. G. Architect will determine acceptability of proposed substitution, and will notify Contractor of acceptance or rejection in writing within a reasonable time. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION * LPBA Architects, Inc. 01600-4 MATERIAL AND EQUIPMENT ..► on City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.07 TRANSPORTATION AND HANDLING (CONTINUED) *0 D. Promptly inspect shipments to assure that Products comply with requirements, quantities are correct, and products are undamaged. 1.08 STORAGE AND PROTECTION A. Store Products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive Products in weather tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions. B. For exterior storage of fabricated Products, place on sloped supports above ground. !" Cover Products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. w C. Store loose granular materials on solid surfaces in a well-drained area; prevent mixing with foreign matter. D. Arrange storage to provide access for inspection. Periodically inspect to assure Products are undamaged and are maintained under required conditions. E. After installation, provide coverings to protect Products from damage from traffic and construction operations, remove when no longer needed. e 1.09 PRODUCT OPTIONS A. Within 30 days after date of Contract, submit complete list of major Products proposed, with name of manufacturer, trade name, and model. ► B. Options: 1. Products specified only by reference standard: Any Product meeting that standard. 2. Products specified by naming several manufacturers: Products of any named manufacturer meeting Specifications. 3. Products specified by naming one or more manufacturers and"or equal": Submit a request for substitution for any manufacturer not specifically named. 4. Products specified by naming only one manufacturer: No option. 1.10 MATERIAL SUBSTITUTIONS A. Where products or materials are specified by a single manufacturer's name, trade name, or catalog reference, no substitution will be allowed. Proprietary items will have Authority's prior approval. B. When the words"or approved equal"is used, an item shall be considered equal to the item so named or described if in the opinion of the Architect: ex LPBA Architects, Inc. 01600-3 MATERIAL AND EQUIPMENT MSKW IM, City of Northampton Forbes Library ®, Masonry Repointing Project 20 West Street Northampton,MA 01060 1.04 MATERIAL AND EQUIPMENT INCORPORATED INTO THE WORK(continued) C. Manufactured and Fabricated Products: 1. Design, fabricate and assemble in accord with the best engineering and shop practices. 2. Manufacture like parts of duplicate units to standard size and gages, to be interchangeable. 3. Two or more items of the same kind shall be identical, by the same manufacturer. 4. Products shall be suitable for service conditions. 5. Equipment capacities, sizes, and dimensions shown or specified shall be adhered to unless variations are specifically approved in writing. D. Do not use material or equipment for any purpose other than that for which it is designed or is specified. 1.05 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. 1.06 MANUFACTURERS' INSTRUCTIONS A. When work is specified to comply with manufacturers' instructions, submit copies of said instructions, as specified in Section 01300, SUBMITTALS, distribute copies to persons involved, and maintain one set in field office. B. Perform work in accordance with details of instructions and specified requirements. *�► Should a conflict exist between Specifications and manufacturer's instructions, consult with Architect. 1.07 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accord with construction schedules, coordinate to avoid .. conflict with work and conditions at the site. B. Transport Products by methods to avoid Product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. C. Provide equipment and personnel to handle Products by methods to prevent soiling or damage. LPBA Architects, Inc. 01600-2 MATERIAL AND EQUIPMENT „� 4W City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 a SECTION 01600 MATERIAL AND EQUIPMENT PART GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0 — Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. This Section specifies administrative and procedural requirements for materials and equipment used for the Project. 1.03 RELATED REQUIREMENTS A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that directly relate to work of this Section include, but are not limited to: 1. CONTRACT FORM, GENERAL CONDITIONS, and SUPPLEMENTS AND AMEND-MENTS TO THE GENERAL CONDITIONS; Conditions of the Contract. 2. Section 01010, SUMMARY OF WORK. 3. Section 01300, SUBMITTALS. 4. Section 01700, CONTRACT CLOSEOUT. 1.04 MATERIAL AND EQUIPMENT INCORPORATED INTO THE WORK A. Conform to applicable specifications and standards. B. Comply with size, make, type and quality specified, or as specifically approved in writing by the Architect. LPBA Architects, Inc. 01600- 1 MATERIAL.AND EQUIPMENT City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.03 HAUL ROUTES (continued) D. The Contractor shall not close or obstruct any portion of any street, public or private, �. without obtaining permits therefore from the proper authorities. If any street or private way shall be rendered unsafe by the Contractor's operations, the Contractor shall make such repairs or provide such temporary ways or guards as shall be acceptable to the governing authority. E. The Contractor shall conduct the work at all times so that the abutters shall have access to their property. When public or private property is isolated by the temporary closure of a road, the Contractor shall be responsible for providing such safe means of access to a public way. .ft PART 2 PRODUCTS Not Used am PART 3 EXECUTION am Not Used. END OF SECTION do .. A* LPBA Architects, Inc. 01570-2 TRAFFIC REGULATION 40 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01570 TRAFFIC REGULATION PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.01 POLICE DETAILS A. Provide qualified police detail when construction operations encroach on The City of Northampton's Regulations and/or Traffic lanes. S. Pay all costs and fees associated with said police details. 44 1.02 CONSTRUCTION PARKING CONTROL A. Control vehicular parking to preclude interference with public traffic or parking, access by emergency vehicles, Authority's operations, or construction operations. B. Monitor parking of construction personnel's private vehicles: 1. Maintain free vehicular access to and through parking areas. 2. Prohibit parking on or adjacent to access roads, or in non-designated areas. C. Maintain fire lanes open at all times. 1.03 HAUL ROUTES A. Consult with governing authorities, establish public thoroughfares which will be used as haul routes and site access. B. Confine construction traffic to designated haul routes. C. Provide traffic control at critical areas of haul routes to expedite traffic flow and to minimize interference with normal public traffic. LPBA Architects, Inc. 01570- 1 TRAFFIC REGULATION no City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 PART 3 EXECUTION 3.01 INSPECTION A. Contractor shall visit the site and record all necessary requirements for the ! erection of the scaffolding system specified to perform the work of this contract. Contractor shall include all necessary related work which may be incidental due to specific existing conditions, Contractor shall include all necessary related and incidental work required to completely erect, install and secure a complete scaffolding system. 3.02 INSTALLATION A. Install scaffolding with skilled tradesman in accordance with approved shop drawings and Specifications. B. All installation shall comply with the standards cited in Section 1 and workmanship shall be of the finest quality. 3.03 FIELD QUALITY CONTROL A. The Owner reserves the right to conduct on-site inspections with the architect and representative of the scaffolding contractor present. 3.04 ADJUSTING AND CLEANING A. Contractor shall make all final adjustments to scaffolding and platform systems 00 before turning it over for the use of the General Contractor. END OF SECTION .0 .A No wr LPBA Architects, Inc. 01527-4 CONSTRUCTION SCAFFOLDING AND PLATFORMS 00 City of Northampton Forbes Library go Masonry Repointing Project 20 west street Northampton,MA 01060 PART GENERAL 2.01 TEMPORARY ENCLOSURES, SCAFFOLDING AND PLATFORMS A. All Components of the Scaffolding System shall be provided and assembled by an individual Contractor regularly employed in the business of scaffolding and shall be fully licensed and insured to perform such work in the Commonwealth of Massachusetts. Said Contractor shall perform the work of this section with the use of mechanics specifically trained for such work. 8. Contractor providing scaffolding and platform systems shall have documented experience of 5 years in erecting, maintaining and disassembling,and inspecting the scaffolding and fall protection system to be used. C. Staging: The Contractor shall supply all staging including swing staging, boom staging, pipe staging, or other staging with prior approval by the Authority, required for this work. Staging shall be well ventilated and dust tight for masonry work, particularly while performing repointing and demolition phases of the work. 1. Remove access to staging overnight. 2. Install and maintain throughout construction orange plastic safety fence around staging up to the first platform (8'-W minimum above grade). 3. Install and maintain throughout construction"Keep Off"sign around staging (a minimum of three signs per each staged area, one for each exposed side of the staging). Signs on continuous sections of staging shall be spaced at a minimum of four feet on center. 4. Install and maintain throughout construction orange plastic safety fence and"Keep Off"signs around staged area regardless of the type of staging used. 2.02 CONSTRUCTION DEBRIS CHUTE A. Contractor shall also include in the work of this Section the erection, maintenance and disassembling of a legal and suitable construction debris chute for the removal of demolished materials from the roof and transporting them to a dumpster at ground level. LPBA Architects, Inc. 01527-3 CONSTRUCTION SCAFFOLDING AND PLATFORMS an City of Northampton Forbes Library Masonry Repointing Project 20 west Street Northampton,MA 01060 1.04 PRODUCT HANDLING A. All temporary scaffolding and platforms shall be maintained in proper and safe conditions throughout the progress of the work. If the stability of the structure of the scaffolding becomes compromised through use or otherwise, Contractor shall provide all necessary materials and labor to restore proper condition and d* function. so 1.05 REFERENCES A. Massachusetts State Building Code, Latest Edition—780 CMR 3312.0 and other applicable sections. 00 B. ANSI (American National Standards Institute): C. ASTM (American Society for Testing and Materials): ma D. OSHA 29 CFR-Subpart L—1926.450—1926.550 E. Other applicable codes as mandated by local, state and federal laws having jurisdiction. 1.06 SUBMITTALS A. Provide submittals in a timely manner to meet required construction completion , schedule and in accordance with Section 01340. 1. Shop Drawings shall be complete and legible,and will show components complete with dimensions, material and details of anchoring and fastening. 2. Certification will be provided with compliance of required regulations and ordinances. 1.07 QUALITY ASSURANCE A. The scaffolding company who provides, installs and maintains the scaffolding equipment shall be fully licensed and insured to perform such work in the Commonwealth.This Contractor shall provide a training program for each of his employees who might be exposed to fall hazards.The contractor shall assure that each employee has been trained as necessary by a competent person qualified in the area of correct procedures for erecting, maintaining and disassembling,and inspecting the scaffolding and fall protection system to be used. .. LPBA Architects, Inc. 01527-2 CONSTRUCTION SCAFFOLDING AND PLATFORMS City of Northampton Forbes Library !" Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01527 CONSTRUCTION SCAFFOLDING AND PLATFORMS PART GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 DESCRIPTION A. Provide Temporary scaffolding, platforms and related work as necessary to properly and legally access all areas of work to be performed. Provide all temporary necessary enclosures and safeguards for the proper and safe execution of the work and to protect loose debris and equipment form falling from the level which work is being performed. The work of this Section shall also * include the erection, maintenance and disassembling of a legal and suitable construction debris chute for the removal of demolished materials from the roof and other areas and transporting them to a dumpster at ground level. B. Contractor performing the work of this section shall take all necessary precautions to protect the buildings existing finishes from damage and shall restore all surfaces and finishes damaged by the work of this Section. C. The General Contractor shall be responsible for Construction Scaffolding, Materials, labor and coordination with Filed Sub-Bidders for the erection, maintenance and disassembling of scaffolding, staging, platforms and lifts. 1.03 RELATED WORK A. Documents affecting the work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division One of these Specifications. B. Except that equipment furnished by Subcontractors shall comply with the requirements of pertinent safety regulations, such equipment normally furnished by the individual trades in execution of their own portions of the work are not part of this Section. LPBA Architects, Inc. 01527- 1 CONSTRUCTION SCAFFOLDING AND PLATFORMS City of Northampton Forbes Library ' Masonry Repointing Project 20 West Street Northampton,MA 01060 2.05 SECURITY AND PROTECTION FACILITIES (continued) ++ G. Storage: Provide secure, locked facilities for areas where materials and equipment are stored. 1. In the event that special security arrangements have to be made, for example, in connection with protection of recently paved concrete or work outside normal building hours, the costs of such security must be paid by the Contractor. Coordinate with Authority and building management. H. Responsibility for Vandalism: Contractor is responsible for costs related to repair vandalized work. PART 3 EXECUTION 3.01 MAINTENANCE, TERMINATION,AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. Limit waste and abuse, B. Maintenance: Maintain temporary facilities in operating condition; repair damages immediately upon discovery. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour per day basis. Comply with requirements of Authority. C. Termination and Removal: Unless otherwise requested by Authority, remove each temporary facilities when no longer useful, or when replaced by permanent facility. Clean and renovate permanent facilities that have been used during construction period, including: 1. Replace air filters and clean inside of ductwork and housings. 2. Replace worn parts. END OF SECTION LPBA Architects, Inc. 01500-9 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS w City of Northampton Forbes Library OR Masonry Repointing Project 20 West Street Northampton,MA 01060 2.05 SECURITY AND PROTECTION FACILITIES (CONTINUED) 6. Security procedures. ,. 7. Protection of property and furnishings in occupied units. B. Temporary Fire Protection: Provide and maintain suitable fire protection equipment and services. Establish procedures for fire protection for welding and other potentially hazardous construction operations. Ascertain and comply with requirements of Project Insurance carrier, the City's Fire Department and the Commonwealth of Massachusetts State Fire Marshal. Permanent fire protection system may be activated to meet these requirements. Replace fusible link heads and other expended or discharged components at time of Substantial Completion. Store combustible materials in containers in fire-safe locations that meet the approval of the Authority. 1. Provide one type ABC dry chemical type portable fire extinguisher per 6,000 sq. ft. throughout the premises, in convenient locations. oft 2. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire protection facilities, stairways, and other access routes. 3. Provide minimum 48-hour notice to Authority prior to the temporary shut-down of fire and other alarm systems. In the event that the work unintentionally alerts the 4. City of Northampton's Fire Department through an alarm signal, the Contractor , shall be liable for any fees or charges levied by the City Fire Department in connection with such alarm. C. Barricades, Warning Signs, and Lights: Provide and maintain barricades, warning signs, warning lights, railings,walkways, and the like. Paint signs and barricades with appropriate colors, graphics, and warnings to inform public and job-site personnel of hazards. D. Flagmen and Traffic Control: Provide temporary flagmen and traffic control as required; Refer to Specifications Section 01570, TRAFFIC REGULATION. E. Temporary Site Control Fence: Prior to start of work at the Project site, install chain-link •� control fence with suitably locked entrance gates. Locate fence to enclose substantially entire Project site, or that portion the Contractor establishes as required to encompass entire Project construction operation. Locate vehicular entrance gates in suitable relation to construction facilities; and to avoid interference with traffic on public thoroughfares. 1. Construct chain link fence in accordance with industry standards, and as shown on Drawings. Unless otherwise indcated, fence height shall be 6 ft. minimum. ., F. Security Procedures: Contractor or sub-contractor personnel must sign-in at the beginning and end of each work day. The"Sign-In"sheets shall be maintained in a central location check in with building security staff each time they enter the building. Secure project against unauthorized entry at all times. Provide secure, locked, temporary entrances to prevent vandalism, theft, and similar violations of security. LPBA Architects, Inc. 01500-8 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS •. City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 2.03 TEMPORARY CONSTRUCTION AND SUPPORT FACILITIES (continued) K. Pollution Control: Provide methods, means, and facilities required to prevent contamination of soil,water, or atmosphere by the discharge of noxious substances from as construction operations. Provide equipment and personnel, perform emergency measures required to contain any spillage and to remove contaminated soils or liquids. L. Dust Control: The Contractor shall supply and maintain a dust-proof site during the course of the work This shall be accomplished through the use dust tight, ventilated staging or other method approved by the Authority and the Architect.Apply dust control materials to minimize raising dust from construction operations. Provide positive means to prevent air- borne dust from dispersing into the building mechanical system and adjacent occupied areas of the building. 1. The Contractor shall not proceed with the work unless all windows in apartments and interior public areas affected by the work are shut tight. The Contractor shall, through their Tenant Coordinator, notify all resident of the work and assure that all the windows in affected areas are shut so that the progress of the work is not hindered in any manner. 2. The Contractor shall also notify the residents upon completion of the work that they may once again open their windows without the possibility of dust(or other debris)resulting from the work entering their units. 3. All air conditioners shall be protected from dust and debris resulting from the work. The Contractor, through their Tenant Coordinator, shall instruct the resident not to leave their air conditioner on while it is covered for their protection. M. Snow Removal and De-Icing: Provide snow removal and de-icing from construction areas, access roads, and construction parking areas. 1. Snow Removal: Remove snow, transport off-site and legally dispose of off of property. 2. De-Icing: Spread sand on icy roads and parking areas. The use of salts or other de-icing chemicals is strictly prohibited. 2.05 SECURITY AND PROTECTION FACILITIES A. Scope: Security and protection facilities includes, but is not limited to: 1. Temporary fire protection. 2. Barricades, warning signs, lights. 3. Temporary flagmen and traffic control. 4. Temporary separation of access routes. 5. Temporary site control (construction)fence. LPBA Architects, Inc, 01500-7 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS City of Northampton Forbes Library Masonry Repointing Project "" 20 West Street Northampton,MA 01060 ww 2.03 TEMPORARY CONSTRUCTION AND SUPPORT FACILITIES (CONTINUED) E. Staging: The Contractor shall supply all staging including swing staging, boom staging, pipe staging, or other staging with prior approval by the Architect and Authority, required for this work. Staging shall be well ventilated and dust tight for work, particularly while performing demolition work. 1. Remove access to staging overnight. .� 2. Install orange plastic safety fence at staging perimeter up to the first platform (8'-0" minimum above grade). 3. Install "Keep Off"sign around staging. A minimum of four signs per each staged area, one for each exposed side of staging. Signs on continuous sections of staging shall be spaced at a minimum of four feet on center. 4. Install orange plastic safety fence and"Keep Off'signs around staged area regardless of the type of staging used. F. Waste Disposal: Maintain all areas under Contractor's control free of extraneous debris. Initiate and maintain a specific program to prevent accumulation of debris at construction site, storage and parking areas, or along access roads and haul routes. 1. Provide containers for deposit of debris. 2. Prohibit overloading of trucks to prevent spillage on access and haul routes. 3. Provide periodic inspection of traffic areas to enforce requirements. 4. Schedule periodic collection and disposal of debris. 5. Provide additional collections and disposals of debris whenever the periodic .. schedule is inadequate to prevent accumulation. G. Contractor shall be responsible not to disturb, and/or damage all existing site utilities below •� and above ground. No heavy equipment will be allowed over walkways, and or landscaped areas without approval from Authority. H. Water Control: Provide methods to control surface water to prevent damage to Project, site, and adjoining properties. Control fill, grading, and ditching to direct surface drainage away from excavations, pits, tunnels, and other construction areas; and to direct drainage to proper runoff. 1. Provide, operate, and maintain hydraulic equipment of adequate capacity to control surface and ground water. 2. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the site or to adjoining areas and properties LPBA Architects, Inc. 01600-6 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS „� City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 so 2.03 TEMPORARY CONSTRUCTION AND SUPPORT FACILITIES A. Scope: Temporary construction and support facilities include, without limitation: 1. Temporary heat(if required). 2. Field offices and storage areas. 3. Waste disposal services. 4. Water control. 5. Rodent and pest control. 6. Pollution and dust control. 7. Snow removal and de-icing. B. Not Used C. Temporary Enclosures: Provide temporary weather tight enclosures of exterior walls as Work progresses. Design and construct temporary enclosures to provide acceptable working conditions, to provide weather protection for materials, to allow effective temporary heating, and to prevent entry of unauthorized persons. 1. Provide temporary exterior doors with self-closing hardware and padlocks. 2. Design enclosures to be removable to allow handling of materials. 3. Do not leave temporary closed in place for longer than one week at a time. This is in consideration of residents who may become claustrophobic or otherwise affected due to a lack of natural sunlight. D. Construction Aids: Provide construction aids and equipment required by personnel to facilitate execution of the Work; Scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, hoists, cranes, chutes, and other such facilities and equipment. Refer to respective sections for particular requirements for each trade. Sanitary Facilities: 1. The Roofing Contractor shall provide portable sanitary facilities for the use of their personnel. 2. Maintain washroom in clean and sanitary condition and supply exhaustible materials such as water, soap, hand towels, and toilet tissue on daily basis. LPBA Architects, Inc. 01600-5 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS ON City of Northampton Forbes Library .. Masonry Repointing Project 20 West Street Northampton,MA 01060 2.02 TEMPORARY UTILITIES A. Scope: Temporary utility work includes, but is not limited to: 1. Water service and distribution. 2. Electric power and light. 3. Telephone service. B. Temporary Water Service and Distribution: Water is available in limited quantities at the Project Site. Make arrangements with Authority and building manager for hookup locations. Provide piping and hoses for construction purposes, including water for drinking and fire protection. Install branch piping with taps located so water is available through hoses throughout construction. Authority will pay for water used for construction purposes. C. Temporary Electric Power and Light: Electric service is available at Project site. Arrange with Authority and building manager for hookup locations. 1. Provide circuit and branch wiring, with area distribution boxes located so power .. and lighting is available throughout construction by use of construction-type power cords. 2. Provide adequate artificial lighting where natural light is not adequate for work, •• and for areas accessible to public. 3. Work shall meet applicable requirements of Massachusetts Electrical Code, NFPA 70, and Division 16-ELECTRICAL. " 4. Authority will pay for electricity used for construction purposes. D. Temporary Telephone Service:Arrange with Authority and building management to provide direct line telephone service at construction site for personnel and employees. Pay costs for installation, maintenance, and removal, and pay service charges for local calls. Toll charges shall be paid by party who places call. Service required shall include: *� 1. One direct line instrument in each of the Contractor's Field Office and in the Project Representative's Office. 2. One direct line for facsimile(fax) machine in each of the Contractor's Field Office and in the Project Representative's Office. .M 3. Other instruments at the option of the Contractor, or as required by regulations. LPBA Architects, Inc. 01500-4 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS "' City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.07 PROJECT CONDITIONS A. Temporary Utilities: At earliest feasible time, when acceptable to the Authority, change from use of temporary service to use of permanent service. B. Conditions of Use: Maintain temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner. Take necessary fire prevention measures. Do not overload temporary facilities. Do not allow hazardous, dangerous, or unsanitary conditions to develop on site. C. Protection of Property in Occupied Units: The Contractor shall be responsible for the providing proper protection against damage, loss,or theft, any personal property or belongings in occupied buildings and individual units during construction under the work of this Contract. The Contractor may relocate furnishings on a daily basis with the prior approval of the occupants of the unit(s)affected, and the building management. The Contractor shall pay all costs of moving furniture(including providing all protective ., coverings), and all costs for safeguarding existing units and property of the unit's occupants. D. The Contractor shall be aware that special consideration must be made to the fact that they are working in a family development. Tools, construction equipment, and construction materials are not to be left unattended at any time. Open areas left during the course of construction must be covered or otherwise made safe.Any considerations made for the safety of the residents and their families shall made to the Authority's approval. E. The Contractor shall, at all times, leave an unobstructed way along corridors, roadways and walks. The Contractor shall maintain barriers and lights for protection of all persons and property in all locations where he/she has material stored or work going on and during the entire time such work is going on or material is stored. F. Comply with the requirements of the Authority. PART 2 PRODUCTS 2.01 MATERIALS, GENERAL A. Materials may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. B. Lumber and Plywood: Provide materials that conform to requirements of Section 06100, ROUGH CARPENTRY, and as follows: 1. Signs and Directory Boards: Provide exterior grade, Medium Density Overlay (MDO) plywood, conforming to USDC PS1, of size and thickness indicated. 2. Fences, Vision Barriers, and Safety Barriers: Provide exterior grade, C-D veneered plywood. LPBA Architects, Inc. 01500-3 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS City of Northampton Forbes Library Masonry Repointing Project ** 20 West Street Northampton,MA 01060 1.04 REFERENCES A. Comply with applicable requirements of the following standards. Where these standards conflict with other specified requirements, the most restrictive requirements shall govem. 1. American National Standards Institute(ANSI): A10 Safety Requirements for Construction and Demolition 2. National Electrical Contractors Association(NECA): NJG-6 Temporary Job Utilities and Services 3. National Fire Protection Association (NFPA): 70 National Electrical Code 241 Building Construction and Demolition Operations 4. U.S. Department of Commerce(USDC): PS 1 Plywood PS 20 American Softwood Lumber Standard 5. Commonwealth of Massachusetts dW Manual on Uniform Traffic Control Devices. 4W 1.05 SUBMITTALS A. Schedule: Submit a schedule indicating implementation and termination of each temporary utility within fifteen days of date established for Commencement of the Work. 1.06 (QUALITY ASSURANCE A. Comply with requirements of authorities having jurisdiction, codes, utility companies, OSHA, and industry standards including, but not limiting to those listed above under Par. References. B. Electric Service: Comply with NEMA, NECA, and UL standards and regulations for temporary electric service. Install service in compliance with NFPA 70. ++ C. Inspections: Arrange for authorities having jurisdiction to inspect and test temporary utilities prior to use. Obtain required certifications and permits. LPBA Architects, Inc. 01500-2 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 uw SECTION 01500 ` CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS , ► PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 --General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. This Section specifies construction facilities and temporary controls, including, but not limited to: 1. Temporary construction and support facilities. 2. Temporary signage. 3. Security and protection. 4. Traffic Regulations. B. Comply with the instructions of the Authority. 1.03 RELATED REQUIREMENTS A. Examine Contract Documents for requirements that affect the Work of this Section. Other Specification Sections that directly relate to Work of this Section include, but are not limited to: 1. CONTRACT FORM, GENERAL CONDITIONS, and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS; Conditions of the Contract. 2. Section 01010, SUMMARY OF WORK. 3. Section 01570, TRAFFIC REGULATION. 4. Section 04510, HISTORIC MASONRY RESTORATION 5. Section 07600, FLASHINGS AND SHEET METAL 6. Section 07900, JOINT SEALERS AND FILLERS LPBA Architects, Inc. 01500- 1 CONSTRUCTION FACILITIES AND , , TEMPORARY CONTROLS City of Northampton Forbes Library go Masonry Repointing Project 20 West Street Northampton,MA 01060 1.10 CONDUCT OF INSPECTIONS AND TESTS A. The Contractor shall notify the Authority, Architect, and Testing Laboratory in sufficient time before the performance of work to permit the proper conduct of Authority-authorized inspections and tests. B. Representatives of Testing Laboratory shall inspect the manufacture, assembly, and placement of materials as required and as authorized by the Authority, and shall report their findings to the Architect, Owner, and Contractor. C. Work shall be checked as it progresses, but failure to detect any defective work or materials shall in no way prevent later rejection when such defect is discovered nor shall it obligate the Authority to accept such work. PART 2 PRODUCTS Not Used. FART 3 EXECUTION Not Used. END OF SECTION LPBA Architects, Inc. 01400-5 QUALITY CONTROL City of Northampton Forbes Library Masonry Repointing Project *�+ 20 West Street Northampton,MA 01060 1.09 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel, provide access to Work, and to Manufacturer's •�► operations. 1. Monitor each inspection, sampling, and test. 2. Provide Laboratory or Agency with written acknowledgment of each inspection, sampling, and test. 3. Within 24 hours notify Architect and the Authority in writing of reasons for not acknowledging Laboratory results. B. Secure and deliver to the Laboratory adequate quantities of representational samples of ,. materials proposed to be used and which require testing. C. Provide to the Laboratory the preliminary design mix proposed to be used for concrete, and other materials mixes which require control by the testing laboratory. D. Furnish copies of Product test reports as required. E. Fumish incidental labor and facilities: 1. To provide access to Work to be tested. 2. To obtain and handle samples at the Project site or at the source of the Product to be tested. 3. To facilitate inspections and tests. 4. For storage and curing of test samples. F. Furnish verification of materials and equipment compliance with Contract Documents. G. Identify materials to be tested or inspected by Testing Laboratory or Agency. H. After determination of need for testing or inspecting by the Authority, notify Laboratory sufficiently in advance, minimum five days, of operations to allow for its assignment of personnel and scheduling of tests. 1. When tests or inspections cannot be performed after such notice, reimburse the Authority for laboratory personnel and travel expenses incurred due to Contractor's negligence. ••� I. Make arrangements with laboratory and pay for additional samples and tests required: 1. For the Contractor's convenience; or 2. When initial tests indicate Work does not comply with Contract Documents. 08 LPBA Architects, Inc. 01400-4 QUALITY CONTROL City of Northampton 40 Forbes Library Masonry Repointing Project - 20 West Street Northampton,MA 01060 g. 1.07 LABORATORY DUTIES (continued) D. Promptly notify the Authority, Architect, and Contractor of irregularities or deficiencies of Work or Products which are observed during performance of services. E. Promptly submit written report of each test and inspection; one copy each to Architect, the Authority, Contractor, and one copy to Project Record Documents File. Each report shall include: 1. Date issued. 2. Project title and number. 3. Testing laboratory name, address, and telephone number. 4. Name and signature of laboratory inspector. 5. Date and time of sampling or inspection. 6. Record of temperature and weather conditions. 7. Date of test. 8. Identification of Product and Specification section. 9. Location of sample or test in the Project. 10. Type of inspection or test. 11. Results of tests and compliance with Contract Documents. 12. Interpretation of test results, when requested by Architect. 13. Observations regarding compliance with Contract Documents. F. Perform properly authorized additional services as required by and paid for by the Authority. sw 1.08 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory is not authorized to: 1. Release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Approve or accept any portion of the Work, except as specifically authorized by the Specifications. !!" 3. Perform any duties of the Contractor. �, LPBA Architects, Inc. 01400-3 QUALITY CONTROL am City of Northampton Forbes Library ON Masonry Repointing Project 20 West Street Northampton,MA 01060 1.05 REFERENCES M A. Comply with applicable requirements of the following standards. Where these standards conflict with other specified requirements, the most restrictive requirements shall govern. 1. American Council of Independent Laboratories(ACIL): * Ref. 1 Recommended Requirements for Independent Laboratory Qualification 2. American Society for Testing and Materials(ASTM): C 1077 Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation C 1093 The Accreditation of Testing Agencies for Unit Masonry D 3740 Evaluation of Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction E 329 Use in the Evaluation of Testing and Inspection Agencies as Used in Construction E 543 Determining the Qualification of Nondestructive Testing Agencies 1.06 QUALITY ASSURANCE A. Laboratory shall be pre-qualified complying with applicable provisions of ACIL Ref. 1, ASTM references above and requirements of local, state, and federal authorities having jurisdiction. Qualifications of laboratories shall be based on industry standards established for the particular work and materials requiring testing or inspection, including but not limited to the following: 1.07 LABORATORY DUTIES *� A. Cooperate with Contractor; provide qualified personnel promptly on notice. B. Acquaint Architect and Contractor's superintendent with testing procedures and with all special conditions encountered at the site. C. Inspections, sampling, and testing of materials and construction methods shall be as specified in individual technical specification sections. 1. Comply with specified standards, ASTM,ANSI, AWI, and other recognized authorities. 2. Conduct and interpret the tests and state in each report whether the test specimens comply with the requirements, and specifically state any deviations therefrom. 3. Obtain Contractor's written acknowledgment of each inspection, sampling, and test made. LPBA Architects, Inc. 01400-2 QUALITY CONTROL '" City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01400 QUALITY CONTROL PART1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. This Section specifies administrative and procedural requirements for quality control including independent testing laboratory services required for the Project. 1.03 REQUIREMENTS A. The Authority reserves the right, at his sole discretion, to engage an Independent Testing Laboratory to perform specified services and testing as may be in the Authority's best interest. Costs for such services shall be paid for by the Contractor, unless specifically otherwise indicated. 1. Contractor shall cooperate with the laboratory to facilitate the execution of its services. 2. Employment of the laboratory shall in no way relieve Contractor's obligations to perform the Work of the Contract. 1.04 RELATED REQUIREMENTS A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that directly relate to work of this Section include, but are not limited to: 1. CONTRACT FORM, GENERAL CONDITIONS, and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS; Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public authorities. 2. Respective sections of specifications: Certification of products. LPBA Architects, Inc. 01400- 1 QUALITY CONTROL City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.12 ARCHITECT'S ACTION A. General:Architect will review submittals, stamp and indicate action, and return to Contractor. Architect will review submittals for conformance with information given and the design concept expressed in the Contract Documents. Architect's review and approval of submittals shall be held to limitations stated in the Conditions of the Contract. In no case shall approval or acceptance by Architect be interpreted as release of Contractor of responsibility to fulfill requirements of Contract Documents. No acceptance or approval of submittals, nor any indication or note marked by Architect on submittals, shall constitute authorization for increase in Contract Sum. B. Action Stamp: Architect will stamp each submittal with an action stamp. Stamp indicate action taken as follows: 1. "APPROVED": No corrections, no marks: Resubmission not required. 2. "APPROVED AS NOTED": Minor amount of corrections; all items can be ..� fabricated without further corrections to original submittal; checking is Complete and all corrections are deemed obvious without ambiguity. Resubmission not required. 3. "APPROVED EXCEPT AS NOTED": Minor corrections required; items noted shall not be fabricated until further corrections of original submittal is completed and Architect-approval is obtained; checking is complete; clarify details of items noted by checker for approval; items without marks may be fabricated without further submittal. Resubmission required. 4. "DISAPPROVED": Submittal does not conform to Contract Documents, and �+ requires too many corrections, or is rejected for other justifiable reasons. Architect will state reasons for rejection. Correct and resubmit. Do not fabricate. C. Other Action: Submittal for information or record purposes will be returned with no action marked. D. Required Re-submittals: Make corrections or changes to submittals required by Architect .,. and resubmit until approved. Revise initial shop drawings or product data, and resubmit as specified for initial submittal. Indicate changes made other than those requested by Architect. Submit new samples as required for initial submittal. 1.13 DISTRIBUTION BY CONTRACTOR A. Distribution: When submittal is marked"APPROVED", or"APPROVED AS NOTED", make prints and copies and distribute to subcontractors, suppliers, fabricators, and other parties ` requiring information from submittal for proper coordination and performance of Work. Print copies of shop drawings from approved reproducible only. PART 2 PRODUCTS(Not Used.) PART 3 EXECUTION (Not Used.) END OF SECTION LPBA Architects, inc. 01300-8 SUBMITTALS �„ City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.10 DAILY PROGRESS REPORTS (CONTINUED) B. Distribution: Distribute copies to Architect weekly. 1.11 CONSTRUCTION PHOTOGRAPHS A. General: Employ competent photographer to take construction record photographs monthly during course of Work. B. Provide photographs taken monthly, and at completion of major stages of construction, including: 1. Demolition and roof replacements with related work. 2. Exterior wall work including masonry restoration and cleaning, flashing, sealants and all other work. 3. Mechanical and electrical equipment installations. 4. All other work as indicated. C. View and Quantities Required:At each specified time, photograph Project from three different views approved by Architect. Provide three prints of each view. D. Negatives: Negatives shall remain property of photographer. Require that photographer maintain negatives for two years from Date of Substantial Completion of Project. E. Costs of Photography: Pay costs for specified photography and prints. Parties requiring additional photography or prints will pay photographer directly. Furnish additional prints to Authority and Architect at commercial rates applicable at time of purchase. F. Prints: Provide 8 in. x 10 in. black and white prints on single weight print paper, neutral black image tone, with white base. Provide smooth surface, glossy finish. G. Identify each print on back, listing name of Project, orientation of view, date and time of exposure, name and address of photographer, and numbered identification of exposure. H. Techniques: Provide factual presentation, with correct exposure and focus, with high resolution and sharpness, maximum depth-of-field, and minimum distortion. I. Views Required: Illustrate condition of construction and state of progress.At successive periods of photography, take at least one photograph from same overall view as previously. Consult with Architect at each period of photography for instructions concerning views required. J. Delivery of Prints: Deliver prints as soon as processed, one set each to Authority, Architect, and Project Record File. LPBA Architects, inc. 01300-7 SUBMITTALS go City of Northampton Forbes Library Masonry Repointing Project am 20 West Street Northampton,MA 01060 .N 1.08 PRODUCT DATA(CONTINUED) E. Installer Copy:Verify that installer of Work possesses a current copy of Architect-approved product data prior to installation. 1.09 SAMPLES A. Submit samples identical with materials and products to be installed.Where indicated, prepare samples to match Architect's sample. Label sample with description, source, manufacturer's name, and catalog number. Submit samples along with certifications that products comply with referenced standards. B. Architect Review. Architect will review samples for confirmation of visual intent, color, pattern, texture, and type. Architect will not test samples for compliance with other specified requirements, which shall remain exclusive responsibility of Contractor. C. Submittal Quantities: When variation in color, pattern, or texture can be expected in finish ., work, submit multiple samples(minimum of three)to show approximate limits of variations. Submit samples in following quantities: 1. Initial Selection: For initial selection of color, texture, and pattern, submit one(1) full set of manufacturer's available samples. 2. Verification Samples: Submit two(2)sets of samples selected. .A D. Distribution: Distribute additional sets of approved samples to subcontractors, suppliers, installers, and others required for proper performance of Work. Indicate distribution on transmittal forms. ,. 1.10 DAILY PROGRESS REPORTS A. Prepare daily construction Progress Reports. Record following information concerning events on Project site: 1. List of subcontractors at site. .. 2. General weather conditions. 3. Accidents and unusual events. 4. Meetings and significant decisions. 5. Orders and requests by governing authorities. 6. Change orders received. , 7. Equipment or system tests and start-ups. 8. Partial completions and occupancies. 9. Authorized substantial completions. LPBA Architects, inc. 01300-6 SUBMITTALS �1e City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.07 SHOP DRAWINGS A. Provide accurately prepared, large scale and detailed shop drawings prepared specifically for this Project on reproducible sheets. Show adjacent conditions and related work. Show accurate field dimensions where appropriate. Identify materials and products shown. Note special coordination required. Standard information prepared without specific reference to Project is not considered shop drawings. B. Shop drawings include fabrication and installation drawings, setting diagrams, schedules, patterns, templates, and similar drawings. C. Show every component of fabricated item, notes regarding manufacturing process, coatings and finishes, identifying numbers conforming to Contract Documents(i.e. stair numbers, door numbers, etc.), dimensions, and appropriate trade names. Show anchorage and fastening details, including type, size and spacing. Show material gage and thickness. Indicate welding details and joint types. D. Shop Drawing Sheet Size: Except for templates, patterns, and other full-size drawings, submit shop drawings on sheets at least 8-1/2 in. x 11 in., but no larger than 36 in. x 48 in. E. Submittal Quantities: Submit shop drawings in following quantities: 1. Architectural: For shop drawings submitted for Architect's review, submit one reproducible(sepia transparency)and six black line prints of each sheet. 2. Consultants: For shop drawings that require Consultant's review, submit one reproducible and seven black line prints of each sheet. 1.08 PRODUCT DATA A. Definition: Product data includes manufacturer's standard published literature, such as installation instructions, catalog cuts, color charts, rough-in diagrams, and wiring diagrams. When product data must be prepared specifically because standard published data is not suitable for use, submit as shop drawing. B. Preparation: Mark each copy of product data to show applicable choices and options. Where published product data includes information on several products and choices, mark copies to clearly indicate information applicable to this Project. C. Do not submit product data until compliance with requirements of Contract Documents has been confirmed. D. Submittal Quantities: Submit product data in following quantities: 1. Architectural Work: Submit seven copies. 2. Consultant's Work: Submit seven copies, plus an additional one copy to be retained by Consultant, and an additional one copy to Architect. Forward copy of transmittal to Consultant. Consultant's review and comments will be made on copies returned to Architect,who wilt forward them to Contractor. LPBA Architects, inc. 01300-5 SUBMITTALS ww City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.05 PROGRESS SCHEDULE A. Timing: Submit progress schedule within 15 calendar days of Award of Contract for approval of Authority and Architect. B. Preparation of Progress Schedule: Prepare fully developed, critical path method construction schedule or other schedule acceptable to the Authority and Architect. C. Format of Listings: Order chronologically by start of each unit of Work. List units of Work by Specification Section title. D. Content of Progress Schedule: Show complete sequence of construction by activity. Show dates of beginning and completion of each major element of construction. E. Distribution: Print and distribute progress schedule to Architect, Authority, subcontractors, AIR and other parties affected. Post copies in field office. Instruct recipients to report promptly to Contractor in writing, problems apparent from projections shown on schedule. F. Revisions: Update and reissue progress schedule monthly in conjunction with Application .. for Payment, 1.06 SUBMITTAL SCHEDULE .. A. Timing: Prepare and issue complete Submittal Schedule no later than ten working days after Authority and Architect accept Progress Schedule. s, B. Preparation: Coordinate Submittal Schedule with Progress Schedule, and Schedule of Values. C. Content of Submittal Schedule: Prepare schedule in order by Specification Section. Provide the following information for each submittal: 1. Scheduled date of initial submittal. 2. Specification Section number. 3. Submittal type. 4. Name of subcontractor or supplier. D. Distribution: Print and distribute Submittal Schedule to Authority and Architect, subcontractors, and other parties affected. Post copies in field office. E. Revisions: Update and reissue Submittal Schedule monthly in conjunction with Application .. for Payment. LPBA Architects, inc. 01300-4 SUBMITTALS City of Northampton Forbes Library fm Masonry Repointing Project 20 West Street Northampton,MA 01060 go 1.04 SUBMITTAL PROCEDURES (continued) 2. Review by Architect and Consultant: Allow ten business days for review and processing of submittals by Architect, and an additional five business days for review by each consultant. 3. Reprocessing of Submittals: For submittals not approved initially, allow ten business days for review and reprocessing of submittals by Architect, and an additional five business days for review by each consultant. 4. No extension of Contract Time will be authorized due to failure to transmit submittals sufficiently in advance of scheduled performance of Work. C. Contractor's Preparation of Submittals: Place permanent label or title block on each submittal for identification. Indicate Project Name, Architect's Project Number, Specification Section number and title, date of submittal, name and address of Architect, name and Address of Contractor, name and address of subcontractor and/or supplier, name of manufacturer, Drawing number and detail reference. D. Contractor's Review and Action Stamp: Provide suitable space on label or title block for Contractor's review and action stamp. Stamp and sign each submittal to show Contractor's review and approval prior to transmittal to Architect. Submittals not signed and stamped by Contractor will be returned without action. E. Architect's Review and Action Stamp: Provide minimum 4 in. x 4 in. space on label or title block for Architect's review and action stamp. Deliver submittals to Architect at address !'+ listed on cover of Project Manual. F. Modify and customize submittals as required to show interface with adjacent work and attachment to building. G. Transmittal of Submittals: Transmit each item with Architect-accepted transmittal form. Identify Project, Contractor, subcontractor, major supplier, identify pertinent Drawing sheet and detail number, and Specification section number, as appropriate, on transmittal form. 1. Source: Submittals received from sources other than Contractor will be returned without action. 2. Deviations from Contract Documents: When products, materials, or systems submitted deviate from Contract Documents, record deviations clearly on transmittal form, or separate attached sheet. H. Comply with progress schedule for submittals related to Work progress. *�! I. After Architect reviews submittal, revise and resubmit as required. Identify changes made since previous submittal. J. Distribute copies of reviewed submittals to subcontractors and all other concerned persons. Instruct recipients to promptly report inability to comply with provisions. K. In addition, submit within 10 calendar days after approval, four(4) prints thereof to the Authority. LPBA Architects, inc. 01300-3 SUBMITTALS City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 40 1.02 SUMMARY(continued) C. Related Documents: .o 1. This Section supplements Articles 9 and 10 of the GENERAL CONDITIONS. 2. Refer to individual Specification Sections for specific submittals required under those Sections and for further details and descriptions of the requirements. D. Materials: 1: Whenever a manufacturer's name or style number is used, the intention is not to be restrictive, but is simply an identification of the type and quality of the materials and services required. In all cases, approval must be obtained in writing from the Authority for final selection of any such materials and services. The Authority's decision shall be final with no appeal therefrom. .w 1.03 RELATED REQUIREMENTS A. Examine Contract Documents for requirements that affect Work of this Section. Other Specification Sections that directly relate to Work of this Section include, but are not limited to: 1. GENERAL CONDITIONS and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS; Conditions of the Contract. 2. Section 01010, SUMMARY OF WORK. .. 3. Section 01040, COORDINATION; Coordination drawings. 4. Section 01600, MATERIAL AND EQUIPMENT. 5. Section 01700, CONTRACT CLOSEOUT; Closeout submittals, including operating and maintenance instructions and instructions of Authority's personnel. 1.04 SUBMITTAL PROCEDURES A. Coordination of Submittals: Coordinate timing of submittals with construction activities. Transmit submittals well enough in advance of performance of Work to avoid delays. Coordinate submittals of related elements of Work. d. 1. Architect may reject, or withhold action on submittals requiring coordination with other submittals until related submittals are received. .A B. Processing of Submittals:Allow sufficient review time to ensure installation will not be delayed because of time required to process submittals. Minimum processing times are as follows: 1. Review by Architect's Office Only:Allow ten business days for review and processing LPBA Architects, inc. 01300-2 SUBMITTALS ,,� City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01300 aw SUBMITTALS PART1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section.The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. This Section specifies administrative and procedural requirements for submittals required for performance of Work, including: 1. Progress schedules. 2. Submittal schedule. 3. Shop drawings. 4. Product data. 5. Samples. 6. Progress reports. 7. Construction photographs. B. Administrative Submittals: Refer to requirements specified in other Division 1 Specification Sections, and other Contract Documents, for administrative submittals, including: 1. Permits. 2. Applications for payment. 3. Performance bond and payment bond. 4. Insurance Certificates. 5. List of subcontractors. LPSA Architects, inc. 01300- 1 SUBMITTALS ON City of Northampton Forbes Library M, Masonry Repointing Project 20 West Street Northampton,MA 01060 1.06 PROGRESS MEETINGS A. Architect shall conduct regularly scheduled progress meetings, at place, dates, and times agreed upon at Pre-construction meeting. B. Conduct additional meetings as required by progress of the Work. C. Location of the meetings: As designated by the Architect. D. Attendance: Require and notify the following to attend: 1. General Contractor's Representative and Site Superintendent. 2. Subcontractors as appropriate to the agenda. 1.07 COORDINATION MEETINGS A, Contractor shall conduct Coordination Meetings as necessary to properly coordinate the trades. Require representation of parties involved in coordination or planning of activities involved. 1.08 SPECIAL MEETINGS A. The Architect may conduct Special Meetings with the Contractor and subcontractors as required throughout the course of the Work. Special meeting issues may include, but are not limited to: 1. Safety issues. 0 2. Labor issues. 3. Special schedule issues. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION LPBA Architects, Inc. 01200-3 PROJECT MEETINGS City of Northampton Forbes Library ., Masonry Repointing Project 20 West Street Northampton,MA 01060 1.03 RELATED REQUIREMENTS A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that directly relate to work of this Section include, but are not limited to: 1. Section 01300, SUBMITTALS. 2. Section 01700, CONTRACT CLOSEOUT. 1.04 PRE-CONSTRUCTION MEETING A. Authority will schedule within 10 days after execution of Contract and prior to commencement of work. B. Location: Unless otherwise directed by the Architect, location for Pre-construction meeting shall be Forbes Library Offices(Authority), 20 West Street, Northampton, MA 01060. C. Attendance: 1. Authority's Representative, (Contracting Officer). 2. Authority's Contract Compliance Coordinator w 3. Authority's Contract Coordinator. 4. Architect and his/her professional consultants. 5. General Contractor's Representative and Site Superintendent. 6. Major subcontractors. 7. Major suppliers. 8. Others as appropriate. D. Submittals. 1. Distribution and discussion of Projected Construction Progress Schedule. 1.05 PRE-INSTALLATION CONFERENCES A. Contractor shall conduct pre-installation conferences at site prior to construction which require coordination. Subcontractors, installer, manufacturer's representative, and fabricators of materials or system affected shall be required to attend. Notify Architect and Authority prior to conference date. LPBA Architects, Inc. 01200-2 PROJECT MEETINGS ""• City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01200 OPP PROJECT MEETINGS PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. Architect will schedule and administer project meetings throughout the progress of the Work, including but not limited to: 1. Pre-Construction Meeting. 2. Progress Meetings. 3. Coordination Meetings. 4. Special Meetings. B. Architect will: 1. Prepare agenda for meetings. 2. Notify all parties required to attend meetings. 3. Preside at meetings. 4. Record the minutes including significant proceedings and decisions. 5. Reproduce and distribute copies of minutes to participants at meeting within seven [7]days of each meeting. C. Representatives of Contractor, subcontractors, and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. D. The Authority may attend meetings to ascertain that Work is expedited consistent with Contract Documents and construction schedules. E. Location of meetings shall be at the project site unless otherwise directed by the Architect. ,�, LPBA Architects, Inc. 01200- 1 PROJECT MEETINGS City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 3.04 TRANSITION FROM EXISTING TO NEW WORK A. When new work abuts or finishes flush with existing work, make smooth transition. Patched work shall match existing adjacent work in texture and appearance so that patch or transition is not visible from 5 feet away. ' B. When finished surfaces are cut so that smooth transition with new work is not possible, terminate existing surface in a neat manner along straight line at natural line of division. Provide trim appropriate to finished surface. END OF SECTION LPBA Architects, Inc. 01120-5 ALTERATION PROJECT PROCEDURES City of Northampton Forbes Library Masonry Repointing Projiect 20 West Street Northampton,MA 01060 C. Provide products, finishes, and types of construction for patching, extending and matching shall be performed as necessary to make work complete and consistent to identical standards of quality. ..� PART 3—EXECUTION 3.01 PERFORMANCE A. Patching of existing construction to accommodate work of various Sections shall be performed under Sections that specify methods and materials similar to adjacent existing construction, in the following areas: 1. Holes adjacent to penetrations for electrical conduit, plumbing pipes and ductwork where exposed to view. 2. Holes adjacent to penetrations through firewalls for electrical conduit, plumbing and HVAC pipes and ductwork through fire walls as required by code. 3. Areas adjacent to installation of new doors and windows and other framed wall and ob partition penetrations. 4. Removal and patching of damaged material where indicated. B. Patch and extend existing work using skilled workers who are capable of matching existing quality of workmanship. Quality of patched or extended work shall be equal to that specified for new work. ..� 3.02 ADJUSTMENTS A. Where partitions and/or existing floor materials are removed, patch floors, walls, and ceilings, with finish materials to match existing. w 1. Where removal of partitions results in adjacent spaces becoming one, rework floors and ceilings to provide smooth planes without breaks, steps, or bulkheads. Where extreme change of plane of%inch or more occurs, request instructions from Architect as to method of making transition. 3.03 DAMAGED SURFACES fop A. Patch and replace parts of existing finished surface which is found to be damaged, lifted, discolored, or otherwise imperfect, with matching materials. 1. Provide adequate support of substrate before patching finish. 2. Refinish patched portions of painted and coated surfaces to produce uniform color and texture over entire surface. 3. When existing surface finish cannot be matched, refinish entire surface to nearest intersections. LPBA Architects, Inc. 01120-4 ALTERATION PROJECT PROCEDURES City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.04 ALTERATIONS, CUTTING, AND PROTECTION (continued) 2. Provide weather protection, waterproofing, and heat and humidity control as necessary to prevent damage to remaining existing work and to new work. 3. Comply with applicable requirements of Massachusetts General Laws regarding weather protection and temporary enclosures. G. Provide temporary enclosures to separate work areas from existing building and from areas occupied by Authority, and to provide weather protection. Maintain a barrier between units at the end of each workday. H. Discovery of construction, furnishings, and articles with historic or private value shall remain in possession of Authority. 1. Promptly notify Architect. 2. Protect discovery from damage from weather conditions and construction operations. 3. Architect will promptly transmit Authority's decision for disposition of discovery. 4. Store items to be retained by Authority in safe, dry place on site. Dispose of items which Authority releases to Contractor's disposition. PART 2-PRODUCTS 2.01 SALVAGED MATERIALS FOR REUSE A. Salvage sufficient quantities of cut and remove materials to replace damaged work of existing construction when material is not readily obtainable on current markets. 1. Store salvaged items in dry, secure place on site. 2. Items not required for use in repair of existing work shall remain Authority's property. 3. Do not incorporate salvaged or used materials in new construction without Architect's approval. 2.02 PATCHING, EXTENDING, AND MATCHING A. Provide same products or types of construction as those in existing structure, as needed to patch, extend, and match existing work. „ B. Generally, Contract Documents do not define products or standards of workmanship present in existing construction; determine products and workmanship by inspection and testing.Architect will judge workmanship and materials against existing as a sample of comparison. LPBA Architects, Inc. 01120-3 ALTERATION PROJECT PROCEDURES WIN City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.03 RELATED REQUIREMENTS A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that directly relate to work of this Section include, but are not limited to: 1. Section 01040, COORDINATION 2. Section 01045, CUTTING, PATCHING, AND CORING 3. Section 01500, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 4. Section 02050, DEMOLITION 5. Section 07510, COLD PROCESS BUILT-UP ROOFING 6. Section 07600, FLASHINGS AND SHEET METAL 7. Section 07900, JOINT SEALERS AND FILLERS 8. Section 015400, PLUMBING 9. Section 15600, HVAC(Filed Sub-bid required) " 10. Section 16000, Electrical 1.04 ALTERATIONS, CUTTING, AND PROTECTION A. Ensure that work is performed by workers qualified for each condition and material encountered. B. Cutting of existing construction required to install equipment under various Sections shall be done by coring or sawing method under Section appropriate to materials and construction. C. Cut and remove minimum materials necessary and avoid damage to adjacent work intended for reuse. D. Cut finish surfaces such as masonry, tile, plaster, stucco, concrete, metals, and other materials by methods that terminate surfaces in a straight line at natural points of division. E. Cutting and patching work shall comply with requirements of Section 01045, CUTTING, PATCHING,AND CORING. F. Protect existing finishes, equipment, and adjacent work scheduled to remain from damage from weather and extremes of temperature. 1. Maintain existing interior work above 60 degrees F. LPBA Architects, Inc. 01120-2 ALTERATION PROJECT PROCEDURES 46 04 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01120 ALTERATION PROJECT PROCEDURES PART 1 -GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review SON of all specification sections and other Contract Documents. 1.02 REQUIREMENTS INCLUDED A. Coordinate Work and schedule elements of alterations and renovation work by procedures and methods that expedite completion of the Work. B. In addition to demolition specified in Section 02050, SELECTIVE DEMOLITION, and indicated on Drawings, cut, move and remove miscellaneous existing work as necessary to provide access and to allow alterations and new work to proceed. Include but do not limit + ► work to: 1. Repair and removal of hazardous and unsanitary conditions and materials. 2. Removal of abandoned items and items that serve no useful purpose, such as abandoned piping, conduit and wiring. 3. Removal of unsuitable and extraneous materials not marked for salvage, such as abandoned furniture, furnishings and equipment, and debris such as rotted wood, rusted metals, and deteriorated concrete, etc. 4. Cleaning of surfaces and removal of surface finishes as needed to install new work and finishes. C. Patching, repair, and refinishing existing work intended for reuse, to specified condition for each material, with suitable transition to adjacent new items of construction. LPBA Architects, Inc. 01120- 1 ALTERATION PROJECT PROCEDURES City of Northampton Forbes Library .. Masonry Repointing Project 20 West Street Northampton,MA 01060 do 1.05 DEFINITIONS (CONTINUED) H. Installer. The Contractor or entity engaged by the Contractor, either as an employee, or subcontractor, or sub-subcontractor for performance of a particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. Wo 1. Replace: Remove and dispose of existing in accordance to all local, state, and federal laws and ordinances; furnish and install new in accordance with these contract documents. Am 1.06 SPECIFICATION FORMAT AND CONTENT A. Specification Format: These Specifications are organized into Divisions and Sections based on the Construction Specifications Institute's(CSI) 16 Division format and master format numbering system. B. Specification Content: These Specifications use certain conventions in the use of language , and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: 1. Abbreviated Language: Language used in Contract Documents is abbreviated. Implied words and meanings will be appropriately interpreted. Singular words will be interpreted as plural, and plural words interpreted as singular where applicable. 2. Imperative Language: In general, imperative language is used in the Specifications. Except where specifically indicated otherwise, the subject of imperative statements is the Contractor. At certain locations in the text, for clarity, subjective language is used to describe responsibilities to be fulfilled indirectly by the Contractor, or others when so noted. PART 2 PRODUCTS * (Not Used). PART 3 EXECUTION (Not Used). .. END OF SECTION LPBA Architects, Inc. 01090-4 REFERENCES ! City of Northampton Forbes Library w Masonry Repointing Project 20 West Street Northampton,MA 01060 1.04 ABBREVIATIONS AND NAMES OF ORGANIZATIONS(continued) PCA Portland Cement Association PCI Prestressed Concrete Institute PS Product Standard SCPI Structural Clay Products Institute SDI Steel Deck Institute SDI Steel Door Institute SIGMA Sealed Insulating Glass Manufacturers Association SJI Steel Joint Institute SMACNA Sheet Metal and Air Conditioning Contractors' National Association SPRI Single Ply Roofing Institute SSPC Steel Structures Painting Council SWRI Sealant, Waterproofing &Restoration Institute TAS Technical Aid Series TCA Tile Council of America, Inc. UL Underwriters' Laboratories, Inc. WCLIB West Coast Lumber Inspection Bureau 1.05 DEFINITIONS A. General: Basic Contract definitions are included in the GENERAL CONDITIONS and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS. ' B. Indicated: The word"indicated"refers to graphic representations, notes or schedules on Drawings, Paragraphs or schedules in Specifications, and similar requirements in Contract Documents. Terms such as"shown", "noted", "scheduled", and"specified"are used to help locate a reference. No limitation on location is intended except as specifically noted. C. Directed: Terms such as"directed", "requested", "authorized", "selected", "approved", "required", and"permitted", are hereby defined as"directed by Architect", "requested by Architect", "authorized by Architect", etc. No implied meaning shall be interpreted to extend the Architect's responsibility into the Contractor's area of construction supervision. D. Approved: The term"approved"when used in conjunction with the Architect's action on the Contractor's submittals, applications, and similar requests, is limited to the duties and responsibilities of the Architect as stated in GENERAL CONDITIONS and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS. Such approval shall not release the Contractor from responsibility to fulfill Contract requirements unless otherwise provided in the Contract Documents. E. Furnish: Supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations. F. Install: Operations at Project site, including unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. G. Provide: To furnish and install, complete and ready for intended use. LPBA Architects, Inc. 01090-3 REFERENCES City of Northampton Forbes Library Masonry Aepointing Project 20 West Street Northampton,MA 01060 AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute 1.04 ABBREVIATIONS AND NAMES OF ORGANIZATIONS (continued) AMCA Air Movement and Control Association ANSI American National Standards Institute ARI Air-Conditioning and Refrigeration Institute ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers •! ASME American Society of Mechanical Engineers ASPA American Sod Producers Association ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood-Presenters'Association AWS American Welding Society AWWA American Water Works Association MHA Malden Housing Authority CDA Copper Development Association .. CPSC Consumer Product Safety Commission CRSI Concrete Reinforcing Steel Institute CSI Construction Specifications Institute EJMA Expansion Joint Manufacturer's Association FGMA Flat Glass Marketing Association FM Factory Mutual System Fed. Spec. Federal Specification GA Gypsum Association HUD U.S. Department of Housing and Urban Development IEEE Institute of Electrical and Electronics Engineers IMIAC International Masonry Industry-All Weather Council ISA International Society of Arboriculture MHD Massachusetts Highway Department MIL Military Specification MUSFA Metal Lath/Steel Framing Association NAAMM National Association of Architectural Metal Manufacturers NCMA National Concrete Masonry Association NEBB National Environmental Balancing Bureau NEMA National Electrical Manufacturers'Association NFPA National Fire Protection Association NRCA National Roofing Contractors Association NSWMA National Solid Waste Management Association NTMA National Terrazzo and Mosaic Association NWMA National Woodwork Manufacturers Association LPBA Architects, Inc. 01090-2 REFERENCES „� City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01090 REFERENCES PARTi GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. This Section identifies abbreviations and acronyms and includes definitions of words and phrases used in Contract Documents, definitions of standard Specification language, and explanation of Specification format and content. 1.03 QUALITY ASSURANCE A. Application: When a standard is specified by reference, comply with requirements and recommendations stated in that standard, except when requirements are modified by the Contract Documents, or applicable codes establish stricter standards. B. Publication Date: The publication in effect on the date of issue of Contract Documents, except when a specific publication date is specified. 1.04 ABBREVIATIONS AND NAMES OF ORGANIZATIONS A. Obtain copies of standards referenced in specifications direct from publication source, when needed for proper performance of Work, or when required for submittal by Contract Documents. For abbreviations not listed, and for addresses and phone numbers, refer to the"Encyclopedia of Associations", published by Gale Research Co., Inc., available in most public libraries. AA Aluminum Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturers Association AASHTO American Association of State Highway and Transportation Officials. ACI American Concrete Institute ADC Air Diffusion Council AGC Associated General Contractors of America Al Asphalt Institute ,�, LPBA Architects, Inc. 01090- 1 REFERENCES City of Northampton Forbes Library Masonry Repointing Project 20 West street Northampton,MA 01060 1. The Contractor shall stamp, sign and submit coordination drawings originals to Architect for review. 2. Do not commence work in areas describe in the coordination drawings until receipt of Architect's comments. 1.06 EXISTING UTILITIES ! " A. Contractor shall notify public and private utility companies as required by law in advance of construction so that existing utilities may be accurately located and identified by the appropriate agency or utility. Contractor shall comply with the requirements of the"Dig Safe"Massachusetts Utilities Underground Plant Damage Prevention System; telephone 1-500-322-4844. B. Contractor shall give advance notice to public and private utility companies as required by Ob law, and provide proper disposition, subject to Architect approval of existing pipe lines, conduits, sewers, drains, poles, wiring, and other utilities that interfere with work, whether or not they are specifically indicated on Drawings. The Contractor shall immediately notify Architect and appropriate authorities when coming across an unknown utility line, and await decision as to how to dispose of same. When an existing utility line must be cut and plugged or capped, moved, or relocated, or has become damaged, Contractor shall notify Architect and utility company involved, and assure protection, support, or moving of utilities to adjust them to new work Contractor shall be responsible for damage caused to existing, active utilities under work of this Contract, whether or not such utilities are indicated on Drawings, including resultant damages or injuries to persons or properties. PART 2 PRODUCTS (Not Used). PART 3 EXECUTION (Not Used). END OF SECTION w. LPBA Architects, Inc. 01040-3 COORDINATION City of Northampton Forbes Library , Masonry Repointing Project 20 West Street Northampton,MA 01060 6. Section 01500, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS. 7. Section 01700, CONTRACT CLOSEOUT. 1.04 COORDINATION BY CONTRACTOR A. The General Contractor shall coordinate the Work of the Contract, including mechanical and electrical work, and other subcontractors. The Contractor shall anticipate areas where the installation of mechanical and electrical work will be restricted, congested, or difficult. The Contractor shall consult various affected subcontractors. B. The Contractor shall hold weekly coordination meetings with major subcontractors. 1.05 COORDINATION DOCUMENTS A. General: Prepare coordination drawings for areas where close coordination is required for installation of products and materials fabricated off-site by separate entities, and where limited space necessitates maximum utilization of space for efficient installation of different components. 1. Coordinate Drawings to include, but are not necessarily limited to: a. Sealants. B. Timing: Prior to fabricating materials or beginning work, supervise and direct the creation of one complete set of coordination drawings showing complete coordination and integration of work, including, but not limited to, structural, architectural, mechanical, plumbing, fire protection, elevators, and electrical disciplines. .� C. Intent: Coordination drawings are for the Contactor's use during construction and are not to be construed as replacing shop drawings or record drawings. Architects review of submitted coordination drawings shall not relieve the Contractor from his overall responsibility for the coordination of the Work of the Contract. D. Base sheets: Contractor shall prepare and provide one accurately scaled set of building coordination drawings"base sheets°on reproducible transparencies showing all architectural and structural work. Base sheets shall be at appropriate scale; congested areas and sections through vertical shafts shall be at larger scale. E. Contractor shall circulate coordination drawings to the following subcontractors and any other installers whose work might conflict with other work. Each of these subcontractors shall accurately and neatly show actual size and location of respective equipment and Ab work. Each subcontractor shall note apparent conflicts, suggest alternate solutions, and return drawings to Contractor. F. Review and modify and approve coordination drawings in cooperation with individual aw installers and Filed-subcontractors to assure conflicts are resolved before work in field is begun and to ensure location of work exposed to view is as indicated or as approved by Architect. LPBA Architects, Inc. 01040-2 COORDINATION w* City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 4 SECTION 01040 COORDINATION PART GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section.The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. This Section specifies supervisory and administrative requirements for coordination of Work, including, but not limited to: 1. Coordination of work of employees and subcontractors. 2. Coordination drawings(where requested by the Architect). 3. Expedition of work to assure compliance with schedules. 4. Coordination of Work with that of other contractors and work by the Authority. 5. Compliance with orders and instructions of Architect or the Authority. 1.03 RELATED REQUIREMENTS A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that directly relate to work of this Section Include, but are not limited to: 1. CONTRACT FORM, GENERAL CONDITIONS, and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS;Authority and responsibilities of the Contractor. 2. Section 01027, APPLICATION FOR PAYMENT. 3. Section 01045, CUTTING, PATCHING, AND CORING. 4. Section 01200, PROJECT MEETINGS. 5. Section 01300, SUBMITTALS. 6. Section 01500, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS. �„ LPBA Architects, Inc. 01040-1 COORDINATION City of Northampton Forbes Library ' Masonry Repointing Project 20 West Street Northampton,MA.01060 1.07 UNIT PRICE CHANGE ORDER(continued) w. 4. The Architect will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. 5. Authority and Contractor will sign and date the Change Order to indicate their agreement with the terms therein. 1.08 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. Periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum. B. Periodically revise the Construction Progress Schedule to reflect each change in Contract Time. C. Revise sub-schedules to show changes for other items of work affected by the changes. D. Upon completion of work under a Change Order, enter pertinent changes in Record Documents. PART 2 PRODUCTS (Not Used). PART 3 EXECUTION (Not Used). END OF SECTION LPBA Architects, Inc. 01035-5 CONTRACT MODIFICATION PROCEDURES AO City of Northampton Forges Library ,,,I Masonry Repointing Project 20 West Street Northampton,MA 01060 oft, 1.05 PRELIMINARY PROCEDURES (continued) 3. The Contractor must support each quotation for a lump-sum proposal, and for each unit prig which has not previously been established, with sufficient substantiating data to allow Architect to evaluate the quotation. ..• 1.06 PREPARATION OF CHANGE ORDERS A. The Architect will prepare each Change Order. B. Form: Change Order form acceptable to Authority and Architect. C. Change Order will describe changes in the Work, both additions and deletions,with attachments of revised Contract Documents to define details of the change. 1.07 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on, either. 1. Architect's definition of the scope of the required changes. 2. Contractor's Proposal for a change, as recommended by Architect. 3. Survey of completed Work. B. The amounts of the unit prices to be: 1. Those stated in the Agreement. .. 2. Those mutually agreed upon between Authority and Contractor. C. When quantities of each of the items affected by the Change Order can be determined • prior to start of the Work: 1. The Authority and Architect will sign and date the Change Order as authorization for Contractor to proceed with the changes. 2. Contractor shall sign and date the Change Order to indicate agreement with the terms therein. „ D. When quantities of the items cannot be determined prior to start of the Work: 1. Architect and Authority will issue a Construction Change Authorization directing Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit prices and reasonable estimate of quantities. 2. At completion of the change, Architect will determine the cost of such work based ' on the unit prices and quantities used. 3. Contractor shall submit documentation to establish the number of units of each �• item and any claims for a change in Contract Time. LPBA Architects, Inc. 01035-4 CONTRACT MODIFICATION PROCEDURES .. City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.05 PRELIMINARY PROCEDURES (continued) 4. Regardless of the manner in which the Authority directs a change, the General Contractor must proceed with the work as changed. C. Change Orders initiated by the Contractor: 1. The Contractor's initiates the process by preparing a proposal or otherwise notifies the Contracting Officer in writing of what he/she regards as a change(reference Article 29. Changes; paragraph(d)}.The Contractor shall include the following: a) Description of the proposed changes. b) Statement of the reason for making the changes. C) State of the effect on the Contract Sum and the Contract Time. d) Statement of the effect on the work of separate contractors. 2. The Contractor must provide a detailed proposal in accordance to the General Conditions of the Contract For Construction;Article 29. Changes; paragraph(f). Failul`g to provide back-up information as describO herein will result in Proposal rejection. The Contractor is responsible for preparing detailed, accurate proposals based on the following: w a) An itemized breakdown of direct costs. b) Contract wage rates, with labor burdens previously approved by the !O Contracting Officer. Union Contractors Shall provide a copy of the union bargaining agreement-documenting rates,which exceed the contract wage rates. C) Documentation from the insurer if the amount claimed for Workers' Compensation exceeds twenty(20)percent. d) Back-up documentation as requested by the Contracting Officer for the following: 1d. costs the A/E or Contracting Officer find unreasonable 2d. significant costs 3d. back-up which is readily available(i.e., cost of materials, delivery slips) 4d. back-up for work directed to perform on a time and material basis e) A schedule(for Time Extensions only)indicating how the additional work affects the Critical Path of the project(ref. Article 29; paragraph(g)). Time extensions MUST be requested relative to the work proposed--NOT after the fact. f) Indirect Costs, such as overhead, profit, bonds and insurance. g) Subcontractor's proposals prepared in a similar manner. LPBA Architects, Inc. 01035-3 CONTRACT MODIFICATION PROCEDURES am City of Northampton Forbes Library Masonry Repointing Project .. 20 West Street Northampton,MA 01060 .R 1.04 DEFINITIONS as A. Change Order: See GENERAL CONDITIONS. B. Change Directive: A written order to the Contractor, signed by Authority,which amends the Contract Documents as described, and authorizes Contractor to proceed with a change, which affects the Contract Sum or the Contract Time, for inclusion in a subsequent Change Order. C. Architect's Supplemental Instructions:A written order, instructions, or interpretations, signed by Architect making minor changes in the Work not involving a change in Contract Sum or Contract Time. D. Proposal Request: A request to the Contractor, signed by the Architect, for submission of an itemized quotation for changes in the Contract Sum or Contract Time. This is not a Change Order or a direction to proceed with the Work. 1.05 PRELIMINARY PROCEDURES A. Either the General Contractor or the Authority may initiate a Change Order. B. Change Orders initiated by the Authority: 1. The Authority may make a change to the contract at any time. The Authority, may initiate change by having the Architect submit a PROPOSAL REQUEST, signed by the Architect, to the Contractor. The PROPOSAL REQUEST will include: a) Detailed description of the Change, Products, and location of the change in the Project. b) Supplementary or revised Drawings and Specifications. C) The projected time span for making the change, and a specific statement as to whether overtime work is, or is not, authorized. d) A specific period of time during which the price will be considered valid. e) Such request is for information only, and is not an instruction to execute .� the changes, nor to stop Work in progress. 2. Oral directives from the Authority Representative(not any other Forbes Library �* employee) may be considered a change to the contract provided that the GC notifies the Authority in writing as such. Usually, this notification is in the form of a Proposal for the work; however, written confirmation from the GC per Article 29 Changes, paragraph (b)is all that is required within thirty(30)days of the order. The Contracting Officer may also elect to utilize weekly job meeting minutes as means to document oral directives in writing in lieu of preparing formal CHANGE DIRECTIVES. 3. The Authority may elect to issue a CHANGE DIRECTIVE without receiving and/or negotiating the cost of the work if it feels that it is in the best interest of the Authority to do so. +�* LPBA Architects, Inc. 01035-2 CONTRACT MODIFICATION PROCEDURES aw City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01035 CONTRACT MODIFICATION PROCEDURES PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements, which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. This Section specifies administrative and procedural requirements required for handling modifications to the Contract, including, but not limited to: 1. Preliminary procedures, 2. Documentation of proposals and claims. + ► 3. Preparation of Change Orders. 1.03 RELATED REQUIREMENTS A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that directly relate to work of this Section include, but are not limited to: 1. CONTRACT FORM; Agreement between Authority and Contractor. 2. GENERAL CONDITIONS and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS: Conditions of the Contract; methods of determining cost or credit to Authority resulting from changes in Work made on a time and material basis, and Contractor's claims for additional costs. 3. Section 01027, APPLICATION FOR PAYMENT. r 4. Section 01300, SUBMITTALS. 5. Section 01600, MATERIAL AND EQUIPMENT; Substitutions. 6. Section 01700, CONTRACT CLOSEOUT. LPBA Architects, Inc. 01035-1 CONTRACT MODIFICATION PROCEDURES City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1.04 ALTERNATES (continued) ■• B. Alternate Requirements: Schedule of Alternates is included at the end of this Section. Each alternate is defined using abbreviated language, recognizing that the Contract Documents define the requirements. Coordinate related work to ensure that work affected by each alternate is complete and properly interfaced with work of each selected alternate. C. Provide written proposals for each alternate on the Bid Form for Authority's consideration. • Each proposal amount shall include the entire cost of the alternate portion of the work including overhead, profit, and other costs including cost of interfacing and coordinating the alternate with related and adjacent work. D. Notification: Immediately following award of Contract, prepare and distribute to each entity a notification of status of each alternate. Indicate which alternates have been accepted, rejected, or deferred for consideration at a later date. Include full description of negotiated 4" modifications to alternates, if any. 1.05 SCHEDULE OF ALTERNATES MW A. Add Alternate No. 1 — 1. Work as called out in the Drawings and Specifications. a. West elevation: cut and repoint masonry as required in plans and specifications. .� 1. Refer to the following Specification Sections for the work of Alternate No. 1: a. Refer to Part B—Technical Specifications B. Add Alternate No.2— 2. Work as called out in the Drawings and Specifications. b. North elevation: cut and repoint masonry as required in plans and specifications. 2. Refer to the following Specification Sections for the work of Alternate No. 1: a. Refer to Part B—Technical Specifications PART2 PRODUCTS (Not Used). PART 3 EXECUTION (Not Used). END OF SECTION LPBA Architects, Inc. 01030-2 ALTERNATES ' City of Northampton Forbes Library 00 Masonry Repointing Project 20 West Street Northampton,MA 01060 ear SECTION 01030 ALTERNATES PART1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. The Schedule of Alternates included in this Section lists all the Alternates which appear in the Contract Documents, and the Specification Sections which are affected by each w Alternate. B. For each of the alternates scheduled at the end of this Section, state the amount in the proposal to be added to or deducted from the Contract Sum for the work. C. Consult the individual Specification Sections for detailed requirements of each Alternate. 1.03 GENERAL INSTRUCTIONS A. Each Bidder shall be held fully responsible for examining the scope of the Alternates generally defined herein and for recognizing any modifications to his work caused by any Alternate. B. The Bid Alternate Price shall be complete cost, including overhead, profit, bonds, insurance, transportation, and all other costs connected with, or incidental to the work described. ✓ C. Alternates listed below in the Schedule of Alternates are listed in order of priority. The Authority's acceptance of each Alternate must be in sequence. 1.04 ALTERNATES A. Definition: "Alternates"are alternate products, materials, equipment, systems, methods, units of work or major elements of the construction, which may, at the Authority's option and under the terms established by the Contract or Agreement, be selected for the work in lieu of the corresponding requirements of the Contract Documents. 40 LPBA Architects, Inc. 01030- 1 ALTERNATES City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 5. Consent of surety. 6. Notification of shifting insurance coverage. ° 7. Final progress photographs. 8. List of incomplete Work, recognized as exceptions to Architect's Certificate of .. Substantial Completion. G. Preparation of Final Application for Payment: Fill in Application form as specified for progress payments. Use continuation sheet for presenting the final statement of accounting as specified in Section 01700, CONTRACT CLOSEOUT. Administrative actions and submittals that must precede submittal of final Application for Payment, include the following: 1. Completion of Project closeout requirements. 2. Completion of incomplete Work. 3. Assurances that unsettled claims will be settled. 4. Transmittal of Project record documents to Owner. 5. Proof that fees and similar obligations have been paid. 6. Removal of temporary facilities and services. 7. Removal of surplus materials, rubbish, and similar elements (except that material specified for additional stock to be provided at conclusion of Work). H. Submittal Procedure: Submit Application for Payment to Architect at intervals stipulated in the Agreement, and as follows: 1. Number of Copies: Five copies of each Application. 2. When Architect finds Application properly completed and correct, he will transmit Certificate for Payment to Owner,with copy to Architect. PART 2 PRODUCTS(Not Used). PART 3 EXECUTION(Not Used). END OF SECTION LPBA Architects, Inc. 01027-4 APPLICATION FOR PAYMENT ,,,,, City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 6. Lien bond and all others required 7. Performance bond and payment bond. 8. Unit price schedule. 9. MBENVBE dollar value. 10. Evidence of insurance. D. Preparation of Application for Payment: Execute each Application for Payment consistent with previous applications and payments certified by Architect and paid for by Owner. Provide full lien waivers for completed Work Fill in required information, including Change Orders information executed prior to date of Submittal of this application. Fill in summary of dollar values to agree with respective totals indicated on continuation sheets. Execute certification with signature of responsible officer of Contractor. Fill out continuation sheets as follows: 1. Fill in total list of scheduled component items of Work, with item number and scheduled dollar value for each item. 2. Fill in dollar value in each column for each scheduled line item when work has been performed or products stored. Round off values to nearest dollar, or as specified for Schedule of Values. 3. List each Change Order executed prior to date of submission at end of continuation sheets. List by Change Order Number, and description, as if an original item of work. 4. Submit to Owner pencil copy of application and monthly payroll records of Contractor and subcontractors. E. Substantiating Data for Progress Payments: When Owner or Architect requires substantiating data, submit suitable information with cover letter, identifying Project name, application number and date, and detailed list of enclosures. Submit one copy of data and cover letter for each copy of application. 1. For stored products, identify Item number and identification as shown on application along with description of specific material. F. Application for Payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment. Show on this Application for Payment any Certificates of Partial Substantial Completion issued previously for Owner Occupancy of portions of the Work. Administrative actions and submittals that must precede submittal of this Application for Payment, include the following: 1. Occupancy permits. 2. Warranties, 3. Final cleaning. 10 4. Application for reduction of retainage. LPBA Architects, Inc. 01027-3 APPLICATION FOR PAYMENT City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 B. When requested by Architect, submit substantiating data supporting the values submitted. C. Intent: Unless objections are stated by Architect, the Schedule of Values will be used as the basis for the Contractor's Applications for Payment. D. Form and Content of Schedule of Values: Type schedule on 8-1/2 in. x 11 in. white paper. Contractor's standard forms and automated printout will be considered for approval by the .. Owner upon Contractor's request. Identify schedule with title of Project and location, the Owner's job number, name and address of Architect, name and address of Contractor, Contract number, and date of submission. 1. Line Item Categories: Follow the Table of Contents of Project Manual for major category items. 2. List installed value of component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. E. Sub-Values: For each major line item, list sub-values of major products or operations .w under the item. F. Overhead and Profit: For the various portions of the Work, include a directly proportional amount of the Contractor's overhead and profit. G. Stored Material: For items on which progress payments will be requested for stored on-site materials only, break down the value into the following sub-values: 1. the cost of material, delivered and unloaded at Project Site, with taxes paid. 2. Installation cost including overhead and profit. + H. The sum of all values listed in the schedule shall equal the total Contract Sum. I. Change Orders: Amount shown in approved Schedule of Values may be used to determine Change Order values for credit and add. 1.05 APPLICATION FOR PAYMENT A. Format: Unless otherwise directed by the Owner, submit itemized applications typed on forms provided by the Owner. ** B. Provide itemized data on continuation sheet. Format, schedules, line items and values shall match those of the Schedule of Values accepted by Architect. d, C. Initial Application for Payment:Administrative actions and submittals that must precede submittal of initial application for payment, include the following: 1. List of subcontractors, suppliers, and fabricators. 2. Schedule of values. 3. Progress schedule. 4. Submittal schedule. 5. Copies of permits and other communications from authorities. LPBA Architects, Inc. 01027-2 APPLICATION FOR PAYMENT «� City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01027 APPLICATION FOR PAYMENT PART1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements,which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 SUMMARY A. This Section specifies administrative and procedural requirements for submitting the following: 1. Schedule of values. 2. Applications for Payment. B. Comply with all applicable laws and regulations pertaining to the processing of payment applications and the payment of moneys owed to the Contractor, including all applicable retainages and related items. C. The Authority is tax exempt. Refer to the Conditions of the Contract for tax exempt number. 1.03 RELATED REQUIREMENTS A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that directly relate to work of this Section include, but are not limited to: 1. CONTRACT FORM; Agreement between Owner and Contractor. 2. GENERAL CONDITIONS and SUPPLEMENTS AND AMENDMENTS TO THE GENERAL CONDITIONS; Progress Payments, Retainages, and Final Payment. 3. Section 01700, CONTRACT CLOSEOUT; Final payment. 1.04 SCHEDULE OF VALUES A. Timing: Submit Schedule of Values allocated to the various portions of the Work within ten days after award of Contract. LPBA Architects, Inc. 01027- 1 APPLICATION FOR PAYMENT City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01025 UNIT PRICES PART 1 —GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0— Bidding Documents, Contract Forms, and Conditions of the Contract and Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. 1.02 UNIT PRICE REQUIREMENTS A. Purpose of Unit Prices: The Unit Prices for items of work set forth in the Owner/Contractor Agreement of Schedule of Unit Prices shall be used to determine adjustments to the Contract Sum when changes in the work involving unit price items are made with the Owner's prior approval. B. Unit Prices Include: Unit Prices shall include their pro-rata share of all costs for overhead, - profit, bond, labor, materials, disposal, and equipment to perform the unit price work item complete and in its entirely. C. Owner's Written Authorization Required: No Unit Price work shall be done without first obtaining the Owner's written authorization in the form of a Contract Modification issued by OR the Owner shall no obligation to pay for any Unit Price work done without the Owner's prior written authorization. D. Quantity Range: Unit Prices shall apply to additional or less work within the range of plus of minus 50 percent of the Base Bid quantity of unit price work indicated. E. Unit Price Continuity: Unit Prices shall be valid throughout the duration of the Contract. All END OF SECTION LPBA/Architects, Inc. 01025-1 UNIT PRICES City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 Interior public spaces are to be left as clean as they were prior to the commencement of the work every day. Should any debris or dust fall into any common area in the Library or office as a result of construction activity, the Contractor shall, by the end of each work day: 1. Dust furniture and surfaces, using oil or other cleaning supplies. 2. Mop floors using a cleaning agent and water. 3. Vacuum rugs. Professionally clean rugs if vacuuming is inadequate to remove debris. 4. Clean and polish windows and other glass or plastic glazing surfaces. 5. Clean and polish all metal surfaces, including architectural hardware. 6. Use only cleaning materials recommended by the manufacturer of the surface to be cleaned, which will not create a hazard to the health or property, which will not damage surfaces, and which are approved by both the occupants and the Owner. 7. Remove grease, mastic, adhesive, dust, dirt, debris, stains, labels, fingerprints, and other foreign materials from sight-exposed interior surfaces. 8. Polish glossy surfaces to a clear shine. .� 9. Replace filters and clean ducts, blowers, and coils if units were affected by work during construction. H. The Owner's responsibility for cleaning commences at Completion of all Contract Work. 1.20 CLEANING AFTER CONSTRUCTION 1. Exterior Masonry wall cleaning. Clean all exterior surfaces of excessive mortar or efforescence where work has been performed. 2. Clean all debris from exterior grounds. 3. Contractor responsible to professionally wash all exterior upper, lower, fixed sash and storm windows (interior window glass excluded). Use mild solvents and scouring motions to remove grit and dirt. Masonry mortar residue may take other means. Use standard industry workmanship. Number of windows- North elevation 48, East elevation 14, South elevation 25, West elevation 46. END OF SECTION LPBA/Architects, Inc. 01010-8 SUMMARY OF WORK ""�" City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 another designated area. The Contractor representative must check in daily with the Librarian's Office prior to the start of the work. E. The Contractor is responsible for obtaining any keys necessary for access to work areas in a timely manner in order to prevent delay of the work. Keys shall be returned to the Owner at times approved by the Owner. !" F. The Contractor is responsible for the security of partially completed work until the Owner finally accepts the project. G. Workers shall refrain from smoking while performing any work inside buildings. The Contractor shall remove from the project workers who consistently violate this provision. H. The Contractor shall develop a project schedule and work sequence indicating the time periods and sequence for completion of work. The project schedule and sequence upon approval shall be adhered to. Any deviations from the schedule could be subject to penalties at the discretion of the Architect and the Owner. The Contractor's schedule shall be made available to the Architect and Owner a minimum of two weeks before the start of any construction work. I. Architect and Owner to approve Contractor's construction sequence prior of commencing work. 1.19 CLEANING DURING CONSTRUCTION A. Conduct cleaning and disposal operations with local ordinances and anti-pollution laws. 1. Do not burn rubbish and waste materials on site. 2. Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains. 3. Do not dispose of wastes into streams or waterways. B. Wet down dry materials and rubbish to lay dust and prevent blowing dust. C. Do not allow materials and rubbish to drop free or be thrown from upper floors but remove by use of a material hoist or rubbish chutes. D. Maintain the site free from accumulations of waste, debris, and rubbish. Broom clean exposed concrete surfaces, paved surfaces,window sills, roof areas, patios, or other areas below the work as often as reasonably required in order to maintain a clean site throughout the work acceptable to the Owner. E. Provide on-site covered containers for collection of waste materials and rubbish. F. At the end of each workday, remove and legally dispose waste materials and rubbish from site. Disposal shall be in compliance with all applicable laws, ordinances, codes, and by- + " laws. Contractor to remove all construction debris, sweep site each day after work is complete and before leaving site at end of day. G. All precautions must be made so that the interior of the buildings are not dirtied by the work. LPBA/Architects, Inc. 01010-7 SUMMARY OF WORK City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 wA 1.13 CONTRACT DOCUMENTS (PLANS AND SPECIFICATIONS) A. The Owner will furnish to the Contractor, without charge, all copies of the Contact Documents (Drawings and Specifications) reasonably necessary for performance of Work. 1.14 WORK BY THE CONTRACTOR'S OWN WORK FORCE A. Except as required to meet the Minority Participation Provision Requirements, the Contractor shall use workers on his/her own payroll for performing work under these specifications. 1.15 NOT USED 1.16 PREVAILING WAGE RATES *" A. Wage Rates: The Contractor is required under the provisions of this Contract to pay the Prevailing Rate or Total Rate, as applicable for the Classification, to the Contractor's employees and its subcontractor's employees working on this Project in accordance with the requirements of the Contract Documents; refer to: B. PREVAILING WAGE RATES- Exhibit A. 1.17 NOT USED 1.18 CONDUCT OF THE WORK A. The work must be completed in a continuous non-interrupted operation. The Contractor must use sufficient personnel and adequate equipment to complete all the necessary work requirements within a minimum period of time. B. The Contractor must retain on the Work during its progress, a competent, non-working full- time representative satisfactory to the Owner. The representative shall not be changed, except with the consent of the Owner. The representative must be fully licensed to perform this work in the State of Massachusetts and shall be in full charge of the work and all instructions given to this person by the Architect shall be binding (minimum Massachusetts construction supervisor license). A copy of the representative's current licenses (or the licenses of any representative under consideration for change) shall be provided to the Owner before he/she begins the work. C. The Contractor must supply to the Owner name and telephone/pager number of a responsible person who may be contacted during off-hour emergencies on the Project. The Contractor shall remain "on call"24 hours per day in the event of an emergency. • Response time shall be within forty-five(45)minutes of receiving verbal notification of an emergency. The Project Manager and/or Project Superintendent on site must be able to be reached immediately during the hours of work via beeper or telephone. Any work which is directly connected to the Scope of Work as outlined in this contract shall be corrected as soon as possible. D. All personnel working on site must sign in daily on "Sign In" sheets at the site office or at .� LPBA/Architects, Inc. 01010-6 SUMMARY OF WORK * City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 3. If the work shall affect the occupants in any manner, or if the Contractor must gain access to the interior of specific rooms, the Contractor shall notify the Owner minimum of 72 hours in advance. 4. The work shall be done with as little inconvenience as reasonably possible and without danger to the occupants and to the permanent structures within the project area. Any damage to buildings, roads, public roads, bituminous concrete areas, fences, lawn areas, trees, shrubbery, electric or telephone poles, underground utilities, etc. shall be repaired by the Contractor at his/her own expense. Damaged property shall be returned to its original condition prior to the damages within a reasonable time period, except all utility outages shall be repaired immediately. 5. The Contractor shall be aware that special consideration must be made to the fact they are working in a family development. Tools, construction equipment, and construction materials are not to be left unattended at any time, unless in a secured area with no public access. Open areas left during the course of construction must be covered or otherwise made safe. Any considerations made for the safety of the residents and their families shall be made to the Owner's approval. 6. The Contractor shall, at all times, leave an unobstructed way along the roadways and walks, and shall maintain barriers and lights for the protection of all persons and property in all locations where he has material stored or work going on for the entire time such work is going on or materials are stored. 7. The Contractor shall not gain access to the exterior walls and roof areas by use of interior stairs, roof hatch, elevators, public spaces, or offices. The contractor shall gain access to the exterior walls and roof by the use of exterior ladders, temporary stairs, and/or lifts. 8. Only materials and/or equipment intended and necessary for immediate use shall be brought to the site. At the end of each workday and at the completion of each phase of work, equipment and leftover or unused materials shall be removed from the work area and stored in storage container brought to the site by the Contractor at Contractor's expense. There shall be no storage of materials, tools, and/or equipment within the building. Any storage on site must be authorized by the Owner, in writing. 9. Openings generated by the construction that cannot be permanently closed by the end of the work day, shall be made secure, watertight, and temporarily closed overnight or until the opening can be permanently closed. 1.12 COMMUNICATIONS A. All notices, demand, requests, instructions, approvals, and claims must be in writing. B. Any such notice shall be deemed to have been given as of the time of delivery, or of actual receipt by hand or, in the case of mailing, when it should have been received in due course of post. C. For communicating purposes, the office address of the Contractor shall be that stated on the signature page of the Contract; that of the Owner shall be as stated in the Notice to Contractors. Any subsequent change in address of either party shall be communicated to the other in writing. LPBA/Architects, Inc. 01010-5 SUMMARY OF WORK City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 C. Assume full responsibility for the protection and safekeeping of Products under this Contract, stored on the site. Any injury, which may come to it from frost, water, accident, or any other cause, and any injury, which may come to any of the work, shall be repaired immediately by the Contractor at his own expense and without additional cost to the Owner. This shall also apply to any abutting or adjoining work on/or adjacent to the premises. The Contractor shall be responsible for any damage. In the event of such damage, the Contractor shall repair the damage immediately at his own cost and without additional cost to the Owner. D. Move any stored Products, under Contractor's control, which interfere with operations of the •+� Owner or separate contractor. E. Contractor is not allowed to use interior building stairs and elevator to access roof area. Contractor shall be responsible for lift, or temporary stairs to access exterior wall or roofs. F. Obtain and pay for the use of additional storage or work areas needed for operations. .w G. Debris of any nature shall be completely removed from the site at the end of each days work and disposed of in accordance with all Federal, State and local regulations. 1. At the Pre-construction Conference, the Contractor shall list and identify the disposal contractor, and the dump site to be used for this work. The disposal contractor and proposed dumpsite are subject to the Owner's approval, and shall not be changed without the written approval of the Owner. **� 1.11 OWNER'S OCCUPANCY A. Full Occupancy by the Owner: The Owner will occupy the site and existing buildings during the entire construction period. The Contractor will perform work under the Contract in a manner so as not to interfere with the Owner's operations and will cooperate with the �. Authority at all times in order to minimize conflicts and facilitate Authority's usage. 1. The Contractor's attention is especially called to the fact that continuous operation of services for this Masonry Repointing Project is mandatory. During the period of construction of the new work the progress and sequence of installation shall be carefully planned and approved by the Owner. If the project is to be left without heat, hot water, city water, electricity, gas, sanitary facilities, or any other services, the Contractor shall provide 72 hours written notification to the Owner before proceeding. B. Considerations for occupants during construction: 1. The Contractor shall take all necessary precautions to ensure the public safety and convenience of the occupants during construction. 2. If the building is left without heat, hot water, domestic water, electricity, gas, sanitary .� facilities, or any other services, the Owner must notify occupants a minimum of 72 hours in advance of any shutdown of services. If the Authority will not allow this shutdown, but wants instead a temporary means of supplying said services, the Contractor shall supply all labor, materials, and whatever may be required to supply said temporary services at no extra cost to the Owner and in accordance with the state and local regulations on health and safety. LPBA/Architects, Inc. 01010-4 SUMMARY OF WORK "' City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 1. Commonwealth of Massachusetts, State Building Code, 780 CMR. 2. Commonwealth of Massachusetts, Fire Protection Code. 3. Commonwealth of Massachusetts 521 CMR, Rules and Regulations of the Architectural Access Board. 4. Uniform State Plumbing Code and Massachusetts Fuel Gas Code, 248 CMR- BOCA Mechanical Code. 5. National Electric Code, including Massachusetts modifications, 527 CMR. 6. City of Northampton, Air Pollution Regulation 7. Commonwealth of Massachusetts 310 CMR, Department of Environment Protection, 7.09 Dust Order Construction and Demolition. 1.09 HOURS OF WORK A. Unless specifically authorized by the Owner, in writing, the work must be conducted between the hours of 8:00 AM and 4:30 PM Monday through Friday. No work shall be conducted on holidays in the City of Northampton, Saturdays, or Sundays other than for emergencies or unless specifically authorized by the Owner. B. Construction shall conform to the Construction Project Schedule and Conditions of the Contract established by the Owner/Authority and in accordance with the Contract between the Authority and the Contractor. C. If such work is authorized by the Owner, a representative of the Owner must be present on site at all times at the expense of the Contractor. The Contractor shall reimburse the Owner for the worker's time at their hourly rate established in their contract with the Owner, including, but not limited to, overtime pay, fringe benefits, and labor burden. The Contractor ! shall reimburse the Owner with a check made out to the City of Northampton and delivered to the designated Contracting Officer for the work. The Contractor shall not directly compensate the Owner's representative. 1.10 CONTRACTOR'S USE OF PREMISES A. Contractor shall limit his use of the premises for the Work and for storage, to allow for: 1. Owner occupancy. 2. Employee occupancy. 3. Public use. 4. Work by other Contractors. 5. The Owner has determined the rear parking area may be used for contractor's trucks, and equipment, and the area are to be designated by Owner. Contractor's equipment may be stored in parking areas with consent by the Owner. B. Coordinate use of exterior premises under direction of Architect and the Owner. LPBA/Architects, Inc. 01010-3 SUMMARY OF WORK City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 B. In addition, the Owner may assess the Contractor, additional Liquidated Damages if the project is not completed within the Construction Contract Time of EIGHTY days (80 days) for the Architect. The Architect shall be compensated One Hundred Twenty-Five Dollars per hour($125.00/hour)for review of work, shop drawings, site visits, or time necessary to complete the Contract Work after EIGHTY days (80 days).Any authorized extension of time will delay the commencement of Liquidated Damages. 1. For purposes of liquidated damages, Substantial Completion means that the value of the work remaining to be done is, in the estimate of the Architect, less than one percent of the original contract price. When the Contractor considers the work to be complete, he shall request, in writing, a final inspection, which may be arranged by the Architect. 2. Any deficiencies in the work shall be noted in a'Punch List" by the Architect. If the monetized punch list amounts to be less than 1% of the original contract amount, the work shall be considered to be substantially complete as of the date of written request for a substantial completion inspection. If the itemized punch list amount to more than 1% of the original contract price, the work shall be considered not .■ substantially complete. When punch list items are complete, the Contractor shall request a final inspection, which can be arranged by the Owner. 3. This procedure shall be repeated for further punch list review until final (100%) completion is achieved. ON 1.05 AWARD OF CONTRACT A. A contract will be awarded by the Owner or Authority as it deems in its best interest to the lowest eligible and responsible bidder as determined in accordance with Massachusetts *" General Laws Chapter 149, Sections 44A through H, or Massachusetts General Laws Chapter 30, Section 39M, whichever is applicable. B. The work shall commence at Award of Contract and shall be pursued continuously under .. the full time supervision of the General Contractor. 1.06 COMPLETE COST .w A. The proposed contract price shall be complete costs, including overhead, profit, insurance, transportation, and all other costs connected with, or incidental to the work described. 1.07 CONTRACT AND CONTRACT PROVISIONS A. Contract Coordination: Briefly without limitation, the work of this Contract includes coordination with other contractors performing work under separate contracts with the Owner and their tenants. 1.08 CODES AND STANDARDS A. Unless otherwise specifically indicated, work and materials shall conform to these Contract Documents and is to be constructed in accordance with the all applicable codes and ordinances, including, but not limited to, the following editions of the referenced codes: LPBA/Architects, Inc. 01010-2 SUMMARY OF WORK "•"' City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including General and Special Conditions of Contract for Construction and Part A, Bidding Documents, Contract Forms, and Contract Documents, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements, which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough review of all specification sections and other Contract Documents. C. This Section contains general information that applies to all work performed under this Contract and is inherently made a part of each Specification Section. 1.02 PROJECT IDENTIFICATION AND DESCRIPTION OF WORK A. Project Identification: The name of the Project on Contract Documents is: City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 B. Abbreviated Summary of Work: The Project consists of masonry repointing including all improvements as indicated on the drawings and specifications, at the Forbes Library located in Northampton, Massachusetts. Contract Documents were prepared by the Architect; LPBA/Architects, Inc. 1.03 TIME FOR COMPLETION A. In accordance with GENERAL CONDITIONS, the work shall be commenced at the time stipulated in the Notice To Proceed to the Contractor and shall be substantially complete within 80 (eighty) consecutive calendar days inclusive of material acquisition from that stipulated date. 1.04 LIQUIDATED DAMAGES A. As actual damages for any delay in completion are impossible to determine, the Contractor op and his sureties shall be liable for and shall pay to the Owner, the sum of Four Hundred Dollars ($400.00)as fixed, and agreed liquidated damages for each calendar day of delay beyond the contract completion date EIGHTY DAYS, (80) until the work is complete. LPBA/Architects, Inc. 01010- 1 SUMMARY OF WORK MR City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 compensation will be granted for additional work caused by unfamiliarity with site conditions that are visible or readily construed by experienced observers. 4. Existing Building Drawings Provided to the Contractor: Fallowing award of Contract and upon request by the Contractor, one copy of existing building drawings(to the extent available)will be made available to the Contractor for his use. 5. Concealed Conditions: Construction drawings for existing building(s)contain important information regarding existing concealed conditions, which cannot readily be determined from a site visit. A complete and thorough understanding of existing conditions included concealed conditions as indicated on the existing building drawings is required of all Contractors and all Bidders. Change orders relating to concealed conditions will be issued only if actual concealed existing conditions are significantly different than conditions indicated on the existing conditions drawings .. and other existing conditions information made available to Bidders and Contractors and only if the conditions could not be determined by a thorough field investigation prior to bidding. 6. Roof Leaks Report: (To be provided by the Library)The building has received water damage to ceilings and walls in rooms and offices on all floors. Before beginning work, it is the responsibility of the Contractor to verify and confirm the extent of water damage in specific rooms, offices, corridors, stairwells, etc. The Owner will coordinate access in view all rooms in the building. PART 2—PRODUCTS Not Used .. PART 3—EXECUTION 3.01 EXISTING CONDITIONS INFORMATION A. Refer to the Plans and Specifications END OF SECTION LPBA/Architects, Inc. 00230-2 EXISTING CONDITIONS City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 SECTION 00230 EXISTING CONDITIONS PART 1 —GENERAL 1.01 RELATED DOCUMENTS A. All of the Contract Documents, including the General and Supplementary Conditions and Division 0—Bidding Documents, Contract Forms, and Conditions of the Contract and ®„ Division 1 —General Requirements, apply to the work of this Section. B. Carefully examine all the Contract Documents for requirements, which affect the work of this Section. The exact scope of this Section cannot be determined without a thorough *" review of all specification sections and other Contract Documents. 1.02 RELATED WORK A. Examine Contract Documents for requirements, which affect the work of this Section. Other specification sections which directly relate to the work of this Section include, but are not limited to: 1. Division 1 —GENERAL REQUIREMENTS 1.03 EXISTING CONDITIONS INFORMATION AVAILABLE A. Information regarding existing conditions, such as property surveys, existing building(s) dimensions, existing building(s)conditions, existing building(s)construction drawings, existing building(s)'as-built°drawings, and similar information and data,which is bound in the Project Manual,or otherwise included as part of the Contract Documents, or otherwise made available to the Contractor was obtained by the Owner for use by the Architect in the design of the Project. 1. Not in Contract Documents, This information and data is not part of the Contract Documents but is made available to the Contractor for information only. Bidders shall be fully responsible for becoming thoroughly and completely familiar with existing conditions information prior to bidding. 2. Accuracy and Completeness: Information referenced on the Drawings and/or in the Project Manual relating to existing conditions is from the best sources presently available. Such information is furnished only for the information and convenience of the Contractor, and the accuracy or completeness of this information is not guaranteed. The Owner and the Architect do not warrant or contend that this information is accurate or complete. The Contractor may use this information at his sole risk and judgement. 3. Field verification is directed since actual locations, dimensions and levels are existing. Verify that the existing conditions and areas shown are suitable to receive the work intended. Notify the Owner of any discrepancies before beginning the work. Renovation work requires careful examination before bidding. No LPBA/Architects, Inc. 00230-1 EXISTING CONDITIONS City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 IF PART B CONSTRUCTION PRODUCTS AND ACTIVITIES Architecture 28 Penniman Road Planning Boston,MA 02134 Interiors Tel 617/782/9131 LPBA/ Architects, Inc. Construction Fax 617/782/9141 Management Email info @lpba.com COMMONWEALTH OF MASSACHUSETTS Division of Occupational Safety Minimum wage rates for apprentices employed on public works projects are listed below as a percentage of the pre-determined hourly wage rate established by the Commissioner under the provisions of the Massachusetts General Laws,Chapter 149,Sections 26 through 27D,as ammended All apprentices must be registered with the Division of Apprentice Training in accordance with M.G.L.Chapter 23,Sections 11 E-11 L City/Town: NORTHAMPTON All steps are 6 months(1000 Hours)unless otherwise specified** ROOFER(REROOFING) 1:1 60 65 70 75 80 85 90 95 Steps are 600 hrs. SHEET METAL WORKER 1:3 45 50 55 60 65 70 75 80 85 90 SIGN ERECTOR 1:1 50 55 60 65 70 75 80 85 90 Steps are 4 mos. SPRINKLER FITTER 1:1 40 45 50 55 60 65 70 75 80 85 rw TELECOMMUNICATION 1:1 50 55 60 65 70 75 80 85 TECHNICIAN we Ob .r, * Ratios are expressed in allowable number of apprentices to journeymen or fraction thereof. ** Multiple ratios are listed in comment field. **The job site ratio of 2 apprentices for every 3 journeymen is allowed as follows: 1 journeyman may 04 supervise not more than 1 apprentice;2 to 3 journeymen may supervise not more than 2 apprentices;4 to 6 journeymen may supervise not more than 4 apprentices;7 to 9 journeymen may supervise not more than 6 apprentices; 10 to 12 journeymen may supervise not more than 8 apprentices; 13 to 15 journeymen may supervise not more than 10 apprentices;etc. Not more than 50%of the apprentices on a job site may have 46 standing as a 1 st year apprentice. All other apprentices must have 2nd,3rd,4th,or 5th year standing. Issue Date: 1/7/2005 Rate Sheet: NORTHAMPTON Job ID: 93229 raw COMMONWEALTH OF MASSACHUSETTS. Division of Occupational Safety Minimum wage rates for apprentices employed on public works projects are listed below as a percentage of the pre-determined hourly wage rate established by the Commissioner under the provisions of the Massachusetts General Laws,Chapter 149,Sections 26 through 27D,as ammended All apprentices must be registered with the Division of Apprentice Training in accordance with M.G.L.Chapter 23,Sections 11 E-11 L City/Town: NORTHAMPTON All steps are 6 months(1000 Hours)unless otherwise specified- Classification Ratio* 1 2 3 4 5 6 7 8 9 10 ASBESTOS INSULATOR(Pipes& 1:4 50 60 70 80 Tanks) Steps are 1 year BOILERMAKER 1:5 65 65 70 75 80 85 90 95 BRICK/PLASTER/CEMENT MASON 1:5 50 60 70 80 90 95 CARPENTER ** 50 55 60 70 80 85 90 95 **1: 1-5,2:6-8,3:9-11 Steps are 6 mos(600 hrs.) ELECTRICIAN 2:3— 50 55 60 65 70 75 Steps 1-2 are 1000 hrs;Steps 3-6 are 1500 hrs. ELEVATOR CONSTRUCTOR 1:1 50 55 65 70 80 Steps 1-2 are 6 mos.;Steps 3-5 are 1 year FLOORCOVERER 1:1 50 55 60 65 70 75 80 85 Steps are 950 hrs. GLAZIER 1:1 50 56.3 62.5 68.8 75 81.3 88 94 HOIST/PORT.ENG. 1:5 60 70 80 90 Steps 1-2 are 1000 hrs.;Steps 3-4 are 2000 hrs. IRONWORKER 50 60 65 75 85 95 Structural 1:6;Ornamental 1:4 LABORER 1:5 60 70 80 90 t MILLWRIGHT 1:5 50 55 60 65 70 75 80 85 PAINTER 1:1 50 55 60 65 70 75 80 90 Steps are 750 hrs. PILE DRIVER 1:3 60 65 70 75 80 85 90 95 PLUMBER/PIPEFITTER 1:5 45 50 60 70 80 Steps are 2000 hrs. ROOFER 1:3 60 65 70 75 80 85 90 95 Steps are 600 hrs. * Ratios are expressed in allowable number of apprentices to journeymen or fraction thereof. ** Multiple ratios are listed in comment field. *"*The job site ratio of 2 apprentices for every 3 journeymen is allowed as follows: 1 journeyman may supervise not more than 1 apprentice;2 to 3 journeymen may supervise not more than 2 apprentices;4 to 6 journeymen may supervise not more than 4 apprentices;7 to 9 journeymen may supervise not more than 6 apprentices; 10 to 12 journeymen may supervise not more than 8 apprentices;13 to 15 journeymen may do supervise not more than 10 apprentices;etc. Not more than 50%of the apprentices on a job site may have standing as a 1st year apprentice. All other apprentices must have 2nd,3rd,4th,or 5th year standing. Issue Date: 117/2005 Rate Sheet: NORTHAMPTON Job ID: 93229 1111 W THE COMMONWEALTH OF MASSACHUSETTS . DEPARTMENT OF LABOR ------------ ,, DIVISION OF OCCUPATIONAL SAFETY , SI Prevailing Wage Rates " MITT ROMNEY As determined by the Commissioner under the provisions of the ANGELO R.BUONOPANE Govenor Massachusetts General Laws,Chapter 149,Sections 26 to 27H Director KERRY HEALEY ROBERT J.PREZIOSO Lt,Govenor Commissioner Awarding Authority: CITY OF NORTHAMPTON Contract Number: City/Town: NORTHAMPTON Description Of Work: FORBES LIBRARY MASONRY REPOINTING WORK Job Location: 20 WEST STREET Classification Effective Dates and Total Rates wr "If 30%or more of surfaces to be painted are new construction,NEW paint rate shall be used. *"The Residential Wood Frame Carpenter classification applies only to the construction of new,wood frame residences that do not exceed four stories including the basement. a �w .�t w ,w This wage schedule must be posted at the work site in accordance with M.G.L.ch. 149,sec.27 . t Failure of the employer to pay"prevailing wage rates,"which are the minimum wage rates listed above,on public works projects is a violation of M.G.L.ch. 149,sec.27B. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices,100 Cambridge Street,Boston,MA 02108; Tel: (617)727-3465. 04 Issue Date: 1/712005 Rate Sheet: NORTHAMPTON Job ID: 93229 Page: 6 THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR , ' DIVISION OF OCCUPATIONAL SAFETY Prevailing Wage Rates f� MITT ROMNEY As determined by the Commissioner under the provisions of the ANGELO R BUONOPANE Govenor Massachusetts General Laws,Chapter 149,Sections 26 to 27H Director KERRY HEALEY ROBERT J.PREZIOSO Lt Govenor Commissimer Awarding Authority: CITY OF NORTHAMPTON Contract Number: City/Town: NORTHAMPTON Description Of Work: FORBES LIBRARY MASONRY REPOINTING WORK Job Location: 20 WEST STREET Classification Effective Dates and Total Rates SPECIALIZED EARTH MOVING EQUIP<35 TONS 12/1/2004 $36.020 6/1/2005 $36.520 8/1/2005 $36.920 12/1/2005 $37.620 6/1/2006 $38.120 8/1/2006 $38.520 12/1/2006 $39.220 6/1/2007 $39.720 8/1/2007 $40.750 12/1/2007 $40.920 6/1/2008 $41.420 8/1/2008 $41.920 to 12/1/2008 $42.620 SPECIALIZED EARTH MOVING EQUIP>35 TONS 12/1/2004 $36.310 6/1/2005 $36.810 8/1/2005 $37.210 12/1/2005 $37.910 6/1/2006 $38.410 8/1/2006 $38.810 12/1/2006 $39.510 6/1/2007 $40.010 8/1/2007 $40.510 12/1/2007 $41.210 6/1/2008 $41.710 8/1/2008 $42.210 12/112008 $42.910 SPRINKLER FITTER 8/1/2004 $44.200 5/1/2005 $45.200 TELECOMMUNICATIONTECHNICIAN 6/1/2004 $28.600 6/1/2005 $29.370 1/1/2006 $29.880 TERRAZZO FINISHERS 9/6/2004 $33.980 3/7/2005 $35.480 9/5/2005 $36.930 3/6/2006 $38.430 9/4/2006 $39.930 3/5/2007 $41.330 TEST BORING DRILLER 12/112004 $37.650 6/1/2005 $38.800 12/1/2005 $39.900 6/112006 $41.050 12/112006 $42.150 6/1/2007 $43.300 12/1/2007 $44.400 5/31/2008 $44.900 TEST BORING DRILLER HELPER 12/112004 $36.370 6/1/2005 $37.520 12/1/2005 $38.620 6/1/2006 $39.770 12/112006 $40.870 6/1/2007 $42.020 12/1/2007 $43.120 5/31/2008 $43.620 TEST BORING LABORER 12/1/2004 $36.250 6/1/2005 $37.400 12/1/2005 $38.500 6/1/2006 $39.650 12/1/2006 $40.750 6/1/2007 $41.900 12/1/2007 $43.000 5/31/2008 $43.500 TRACTORS 12/1/2004 $35.080 6/1/2005 $36.080 12/1/2005 $37.080 TRAILERS FOR EARTH MOVING EQUIPMENT 12/112004 $36.600 6/1/2005 $37.100 8/1/2005 $37.500 12/1/2005 $38.200 6/1/2006 $38.700 8/1/2006 $39.100 12/1/2006 $39.800 6/1/2007 $40.300 8/1/2007 $40.800 12/1/2007 $41.500 6/1/2008 $42.000 8/1/2008 $42.500 12/112008 $43.200 TUNNEL WORK(COMP.AIR HAZ.WASTE) 12/1/2004 $49.130 6/1/2005 $50.530 12/1/2005 $51.780 6/1/2006 $53.180 40 12/1/2006 $54.430 6/112007 $55.830 12/1/2007 $57.580 TUNNEL WORK(COMPRESSED AIR) 12/1/2004 $47.130 6/112005 $48.530 12/1/2005 $49.780 6/1/2006 $51.180 12/1/2006 $52.430 6/112007 $53.830 12/1/2007 $55.580 TUNNEL WORK(FREE AIRHAZ.WASTE) 12/1/2004 $41.200 6/112005 $42.600 12/1/2005 $43.850 6/1/2006 $45.250 12/1/2006 $46.500 6/1/2007 $47.900 12/1/2007 $49.650 TUNNEL WORK(FREE AIR) 12/1/2004 $39.200 6/112005 $40.600 12/1/2005 $41.850 6/112006 $43.250 12/1/2006 $44.500 6/1/2007 $45.900 12/1/2007 $47.650 VAC-HAUL 12/112004 $36.020 6/1/2005 $36.520 8/1/2005 $36.920 12/1/2005 $37.620 6/1/2006 $38.120 8/1/2006 $38.520 12/1/2006 $39.220 6/1/2007 $39.720 8/1/2007 $40.220 12/1/2007 $40.920 6/1/2008 $41.420 8/1/2008 $41.920 12/1/2008 $42.620 WAGON DRILL OPERATOR 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 WAGON DRILL OPERATOR(HEAVY&HIGHWAY) 12/1/2004 $29.630 6/1/2005 $30.780 12/1/2005 $31.460 6/1/2006 $32.610 12/1/2006 $33.290 6/1/2007 $34.440 12/1/2007 $35.120 5/31/2008 $35.620 WATER METER INSTALLER 8/1/2004 $42.210 2/1/2005 $43.460 8/1/2005 $44.460 2/1/2006 $45.710 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149,sec.27 Failure of the employer to pay"prevailing wage rates,"which are the minimum wage rates listed above,on public works projects is a violation of M.G.L.ch.149,sec.27B. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices,100 Cambridge Street,Boston,MA 02108; Tel:(617)727-3465. Issue Date: 1/7/2005 Rate Sheet: NORTHAMPTON Job ID: 93229 Page: 5 " THE COMMONWEALTH OF MASSACHUSETTS --�-�"' DEPARTMENT OF LABOR .Mt fit DIVISION OF OCCUPATIONAL SAFETY L ,. Prevailing Wage Rates Styr r MITT ROMNEY As determined by the Commissioner under the provisions of the ANGELO R.BUONOPANE ° Govenor Massachusetts General Laws,Chapter 149,Sections 26 to 27H Director KERRY HEALEY ROBERT J.PREZIOSO Lt.Govenor Commiesirner Awarding Authority: CITY OF NORTHAMPTON Contract Number: City/Town: NORTHAMPTON Description Of Work: FORBES LIBRARY MASONRY REPOINTING WORK Job Location: 20 WEST STREET Classification Effective Dates and Total Rates PAINTER(SPRAY OR SANDBLAST,REPAINT) 1/1/2005 $31.760 7/1/2005 $32.760 1/1/2006 $33.760 00 PAINTER(TRAFFIC MARKINGS) 12/1/2004 $29.380 6/1/2005 $30.530 12/1/2005 $31.210 6/1/2006 $32.360 12/1/2006 $33.040 6/1/2007 $34.190 12/1/2007 $34.870 5/31/2008 $35.370 PAINTER/TAPER(BRUSH,NEW)* 1/1/2005 $33.440 7/1/2005 $34.440 1/1/2006 $35.440 PAINTER/TAPER(BRUSH,REPAINT) 1/1/2005 $30.760 7/1/2005 $31.760 1/1/2006 $32.760 PANEL&PICKUP TRUCKS DRIVER 12/1/2004 $35.560 6/1/2005 $36.060 8/1/2005 $36.460 12/1/2005 $37.160 6/1/2006 $37.660 8/1/2006 $38.060 12/1/2006 $38.760 6/1/2007 $39.260 8/1/2007 $39.760 12/1/2007 $40.460 6/142008 $40.960 8/1/2008 $41.460 12/1/2008 $42.160 PIER AND DOCK CONSTRUCTOR(UNDERPINNING 8/1/2004 $42.450 AND DECK) aw PILE DRIVER 8/1/2004 $42.450 PIPELAYER 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 PIPELAYER(HEAVY&HIGHWAY) 12/1/2004 $29.630 6/1/2005 $30.780 12/1/2005 $31.460 6/1/2006 $32.610 " 12/1/2006 $33.290 6/1/2007 $34.440 12/1/2007 $35.120 5/31/2008 $35.620 PLUMBER&PIPEFITTER 8/1/2004 $42.210 2/1/2005 $43.460 8/1/2005 $44.460 2/1/2006 $45.710 PNEUMATIC CONTROLS(TEMP.) 8/1/2004 $42.210 2/1/2005 $43.460 8/142005 $44.460 2/1/2006 $45.710 PNEUMATIC DRILL/TOOL OPERATOR(HEAVY& 12/1/2004 $29.630 6/1/2005 $30.780 12/1/2005 $31.460 6/1/2006 $32.610 HIGHWAY) 12/1/2006 $33.290 6/1/2007 $34.440 12/1/2007 $35.120 5/31/2008 $35.620 POWDERMAN&BLASTER 12/6/2004 $29.950 6/6/2005 $30.950 12/5/2005 $31.950 6/5/2006 $32.950 12/4/2006 $34.190 POWDERMAN&BLASTER(HEAVY&HIGHWAY) 12/1/2004 $30.380 6/1/2005 $31.530 12/1/2005 $32.210 6/1/2006 $33.360 12/1/2006 $34.040 6/1/2007 $35.190 12/1/2007 $35.870 5/31/2008 $36.370 POWER SHOVEL/TREE SHREADER 12/1/2004 $36.030 6/1/2005 $37.030 12/1/2005 $38.030 PUMP OPERATOR(CONCRETE) 12/1/2004 $36.030 6/1/2005 $37.030 12/1/2005 $38.030 PUMP OPERATOR(DEWATERING,OTHER) 12/1/2004 $35.570 6/1/2005 $36.570 12/1/2005 $37.570 RESIDENTIAL WOCD FRAME CARPENTER** 10/1/2004 $30.170 4/1/2005 $30.920 RIDE-ON MOTORIZED BUGGY OPERATOR 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 ROLLER OPERATOR 12/1/2004 $35.080 6/1/2005 $36.080 12/1/2005 $37.080 ROOFER(Inc.Roofer Waterproofing&Roofer Damproofg) 9/1/2004 $34.420 7/1/2005 $35.870 91142005 $36.420 SELF-POWERED ROLLERS AND COMPACTORS 12/1/2004 $35.080 6/1/2005 $36.080 12/1/2005 $37.080 (TAMPERS) SELF-PROPELLED POWER BROOM 12/1/2004 $32.860 6/1/2005 $33.860 12/1/2005 $34.860 SHEETMETAL WORKER 1/1/2005 $39.850 SIGN ERECTOR 6/1/2004 $27.500 6/1/2005 $29.070 SLATE/TILE/PRECASTCONCRETE ROOFER 9/1/2004 $35.200 7/1/2005 $36.650 9/1/2005 $37.200 w� This wage schedule must be posted at the work site in accordance with M.G.L.ch.149,sec.27 wt� Failure of the employer to pay"prevailing wage rates," which are the minimum wage rates listed above,on public works projects is a violation of M.G.L.ch. 149,sec.27B. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices,100 Cambridge Street,Boston,MA 02108; Tel: (617)727-3465. A* Issue Date: 1/7/2005 RateSheet: NORTHAMPTON Job ID: 93229 Page: 4 THE COMMONWEALTH OF MASSACHUSETTS ,� DEPARTMENT OF LABOR DIVISION OF OCCUPATIONAL SAFETYy�,f. Prevailing Wage Rates MITT ROMNEY As determined by the Commissioner under the provisions of the ANGELO R.BUONOPANE Govenor Massachusetts General Laws,Chapter 149,Sections 26 to 27H Director KERRY HEALEY ROBERT J.PREZIOSO Lt.Govenor Commissioner Awarding Authority: CITY OF NORTHAMPTON Contract Number: City/Town: NORTHAMPTON Description Of Work: FORBES LIBRARY MASONRY REPOINTING WORK Job Location: 20 WEST STREET Classification Effective Dates and Total Rates HYDRAULIC DRILIS(HEAVY&HIGHWAY) 12/1/2004 $30.130 6/1/2005 $31.280 12/1/2005 $31.960 6/1/2006 $33.110 12/1/2006 $33.790 6/1/2007 $34.940 12/1/2007 $35.620 5/31/2008 $36.120 INSULATOR(PIPES&TANKS) 9/1/2004 $41.280 9/1/2005 $43.280 ON IRONWORKER/WELDER 7/6/2004 $40.790 JACKHAMMER&PAVING BREAKER OPERATOR 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 LABORER 12/6/2004 $28.950 6/6/2005 $29.950 12/5/2005 $30.950 6/5/2006 $31.950 12/4/2006 $33.190 LABORER(HEAVY&HIGHWAY) 12/1/2004 $29.380 6/1/2005 $30.530 12/1/2005 $31.210 6/1/2006 $32.360 12/1/2006 $33.040 6/1/2007 $34.190 12/1/2007 $34.870 5/31/2008 $35.370 LABORER:CARPENTER TENDER 12/6/2004 $28.950 6/6/2005 $29.950 12/5/2005 $30.950 6/5/2006 $31.950 12/4/2006 $33.190 LABORER:CEMENT FINISHER TENDER 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 LABORER:HAZARDOUS WASTE/ASBESTOS REMOVER 12/1/2003 $36.150 LABORER:MASON TINDER 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 ► LABORER:MASON TINDER(HEAVY&HIGHWAY) 12/1/2004 $29.630 6/1/2005 $30.780 12/1/2005 $31.460 6/1/2006 $32.610 12/1/2006 $33.290 6/1/2007 $34.440 12/1/2007 $35.120 5/31/2008 $35.620 LABORER:MULTI-TRADE TENDER 12/6/2004 $28.950 6/6/2005 $29.950 12/5/2005 $30.950 6/5/2006 $31.950 12/4/2006 $33.190 LABORER:TREE REMOVER 12/6/2004 $28.950 6/6/2005 $29.950 12/5/2005 $30.950 6/5/2006 $31.950 12/4/2006 $33.190 LASER BEAM OPERATOR 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 LASER BEAM OPERATOR(HEAVY&HIGHWAY) 12/1/2004 $29.630 6/1/2005 $30.780 12/1/2005 $31.460 6/1/2006 $32.610 12/1/2006 $33.290 6/1/2007 $34.440 12/1/2007 $35,120 5/31/2008 $35.620 MARBLE&TILE FINISHERS 9/6/2004 $33.980 3/7/2005 $35.480 9/5/2005 $36.930 3/6/2006 $38.430 9/4/2006 $39.930 3/5/2007 $41.330 MARBLE MASONS TILELAYERS&TERRAZZO MECH 9/6/2004 $40.900 3/7/2005 $42.400 9/5/2005 $43.850 3/6/2006 $45.350 9/4/2006 $46.850 3/5/2007 $48.250 MECH.SWEEPER OPERATOR(NON-CONSTRUCTION) 7/1/2004 $24.570 7/1/2005 $25.070 7/1/2006 $25.570 MECHANIC/WELDER/BOOM TRUCK 12/1/2004 $35.570 6/1/2005 $36.570 12/1/2005 $37.570 MILLWRIGHT 10/1/2004 $44.700 4/1/2005 $45.700 10/1/2005 $46.550 4/1/2006 $47.550 A�► MORTAR MIXER 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 OILER 12/1/2004 $33.220 6/1/2005 $34.220 12/1/2005 $35.220 OTHER POWER DRIVEN EQUIPMENT-CLASS VI 12/1/2004 $30.280 6/1/2005 $31.280 12/1/2005 $32.280 PAINTER(BRIDGES/TANKS) 1/1/2005 $51.770 7/1/2005 $53.270 1/1/2006 $54.770 PAINTER(SPRAY OR SANDBLAST,NEW)* 1/1/2005 $34.440 7/1/2005 $35.440 1/1/2006 $36.440 go This wage schedule must be posted at the work site in accordance with M.G.L.ch.149,sec.27 Failure of the employer to pay"prevailing wage rates,"which are the minimum wage rates listed above,on public works projects is a violation of M.G.L.ch. 149,sec.27B. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices, 100 Cambridge Street,Boston,MA 02108;Tel: (617)727-3465. Issue Date: 1/712005 Rate Sheet: NORTHAMPTON Job ID: 93229 Page: 3 .w. THE COMMONWEALTH OF MASSACHUSETTSr`" " DEPARTMENT OF LABOR ' DIVISION OF OCCUPATIONAL SAFETY 1,5 dft r' Prevailing Wage Rates MITT ROMNEY As determined by the Commissioner under the provisions of the ANGELO R.BUONOPANE Govenor Massachusetts General Laws,Chapter 149,Sections 26 to 27H Director KERRY HEALEY ROBERT J.PREZIOSO Lt.Govenor Commissioner Awarding Authority: CITY OF NORTHAMPTON Contract Number: City/Town: NORTHAMPTON Description Of Work: FORBES LIBRARY MASONRY REPOINTING WORK Job Location: 20 WEST STREET Classification Effective Dates and Total Rates CARBIDE CORE DRILL OPERATOR 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 00 12/4/2006 $33.440 CARPENTER 10/4/2004 $36.550 CEMENT MASONRY/PLASTERING 9/6/2004 $40.900 3/7/2005 $42.400 9/5/2005 $43.850 3/6/2006 $45.350 9/4/2006 $46.850 3/5/2007 $48.250 CHAIN SAW OPERATOR 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 COMPRESSOR OPERATOR 12/1/2004 $35.570 6/1/2005 $36.570 12/1/2005 $37.570 CRANE/BACKHOEIFRONT-END LOADER OPERATOR 12/1/2004 $36.030 6/1/2005 $37.030 12/1/2005 $38.030 DELEADER(BRIDGE) 1/112005 $51.770 7/1/2005 $53.270 1/1/2006 $54.770 DIVER 8/112004 $55.340 8/1/2005 $57.650 8/1/2006 $59.960 8/1/2007 $62.270 00 DIVER TENDER 8/112004 $44.370 8/1/2005 $46.020 8/1/2006 $47.670 8/1/2007 $49.320 DIVER TENDER(EFFLUENT) 8/1/2004 $58.090 8/1/2005 $59.740 8/1/2006 $61.390 8/1/2007 $63.040 DIVER/SLURRY(EFFLUENT) 8/1/2004 $74.540 8/1/2005 $76.190 8/1/2006 $77.840 8/1/2007 $79.490 ELECTRICIAN 111/2005 $39.660 'ft ELEVATOR CONSTRUCTOR 1/1/2005 $47.970 1/1/2006 $50.940 1/1/2007 $53.910 ELEVATOR CONSTRUCTOR HELPER 1/1/2005 $38.080 1/1/2006 $41.050 1/1/2007 $44.020 FENCE&GUARD RAIL ERECTOR(HEAVY& 12/112004 $29.630 6/1/2005 $30.780 12/112005 $31.460 6/1/2006 $32.610 A HIGHWAY) 12/1/2006 $33.290 6/1/2007 $34.440 12/1/2007 $35.120 5/31/2008 $35.620 FIELD ENG-PARTY CHIEF(BLDG,SITE,HVY CONST) 6/1/1999 $30.230 FIELD ENG-CHIEF OF SURVEY(BLDG,SITE,HVY 6/1/1999 $31.230 CONST) FIELD ENG-INST./RODPERSON(BLDG,SITE,HVY 6/111999 $27.740 CONST) FIRE ALARM INSTALLER 1/112005 $39.660 FIRE ALARM REPAIR/MAINTENANCE 6/1/2004 $28.600 6/1/2005 $29.370 1/112006 $29.880 FIREMAN 12/1/2004 $35.570 6/1/2005 $36.570 12/1/2005 $37.570 FLAGGER&SIGNALER(HEAVY&HIGHWAY) 12/112004 $25.330 6/1/2005 $26.480 12/1/2005 $27.160 6/1/2006 $28.310 12/112006 $28.990 6/1/2007 $30.140 12/1/2007 $30.820 5/31/2008 $31.320 FLOORCOVERER 10/112004 $45.650 4/1/2005 $46.900 FORK LIFT 12/1/2004 $35.770 6/1/2005 $36.770 12/1/2005 $37.770 GENERATORS/LIGHTING HANTS 12/112004 $32.860 6/112005 $33.860 12/1/2005 $34.860 , GLAZIER(GLASS PLANVAIR BARRIERANTERIOR 6/1/2004 $38.130 SYSTEMS) GRADER/TRENCHTNGMACHINE/DERRICK 12/1/2004 $36.030 6/1/2005 $37.030 12/112005 $38.030 HVAC(DUCTWORK) 1/1/2005 $39.850 HVAC(ELECTRICAL CONTROLS) 1/1/2005 $39.660 HVAC(PIPE) 8/1/2004 $42.210 2/1/2005 $43.460 8/1/2005 $44.460 2/1/2006 $45.710 HVAC(TESTING AND BALANCING-AIR) 1/1/2005 $39.850 HVAC(TESTING AND BALANCING-WATER) 8/1/2004 $42.210 2/1/2005 $43.460 8/112005 $44.460 2/1/2006 $45.710 This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149,sec.27 Failure of the employer to pay"prevailing wage rates,"which are the minimum wage rates listed above,on public works projects is a violation of M.G.L.ch. 149,sec.27B. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices,100 Cambridge Street,Boston,MA 02108; Tel: (617)727-3465. Issue Date: 1/7/2005 Rate Sheet: NORTHAMPTON Job ID: 93229 Page: 2 A�r' THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR .r DIVISION OF OCCUPATIONAL SAFETY Prevailing Wage Rates'' MITT ROMNEY As determined by the Commissioner under the provisions of the " ' Massachusetts General Laws,Chapter 149,Sections 26 to 27H ANGELOIReBU ONOPANE Govenor ° KERRY HEALEY ROBERT J.PREZIOSO Lt.Govenor Commissioner Awarding Authority: CITY OF NORTHAMPTON Contract Number: City/Town: NORTHAMPTON Description Of Work: FORBES LIBRARY MASONRY REPOINTING WORK Job Location: 20 WEST STREET Classification Effective Dates and Total Rates (2 AXLE)DRIVER-EQUIPMENT 12/1/2004 $35.730 6/1/2005 $36.230 8/1/2005 $36.630 12/1/2005 $37.330 6/1/2006 $37.830 8/1/2006 $38.230 12/1/2006 $38.930 6/1/2007 $39.430 8/1/2007 $39.930 12/1/2007 $40.630 6/1/2008 $41.130 8/1/2008 $41.630 12/1/2008 $42.330 (3 AXLE)DRIVER-EQUIPMENT/READY-MIX 12/1/2004 $35.800 6/1/2005 $36.300 8/1/2005 $36.700 12/1/2005 $37.400 CONCRETE 6/1/2006 $37.900 8/1/2006 $38.300 12/1/2006 $39.000 6/1/2007 $39.500 8/1/2007 $40.000 12/1/2007 $40.700 6/1/2008 $41.200 8/1/2008 $41.700 12/1/2008 $42.400 (4&5 AXLE)DRIVER-EQUIPMENT/READY-MIX 12/1/2004 $35.920 6/1/2005 $36.420 8/1/2005 $36.820 12/1/2005 $37.520 CONCRETE 6/1/2006 $38.020 8/1/2006 $38.420 12/1/2006 $39.120 6/1/2007 $39.620 8/1/2007 $40.120 12/1/2007 $40.820 6/1/2008 $41.320 8/1/2008 $41.820 12/1/2008 $42.520 AIR TRACK OPERATOR 12/6/2004 $29.700 6/6/2005 $30.700 12/5/2005 $31.700 6/5/2006 $32.700 12/4/2006 $33.940 �Ibu AIR TRACK OPERATOR(HEAVY&HIGHWAY) 12/4/2004 $30.130 6/1/2005 $31.280 12/1/2005 $31.960 6/1/2006 $33.110 12/1%2006 $33.790 6/1/2007 $34.940 12/1/2007 $35.620 5/31/2008 $36.120 ASBESTOS WORKER(PIPES&TANKS) 6/1/2004 $29.250 ASPHALT RAKER 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 ASPHALT RAKER(HEAVY&HIGHWAY) 12/1/2004 $29.630 6/1/2005 $30.780 12/1/2005 $31.460 6/1/2006 $32.610 12/1/2006 $33.290 6/1/2007 $34.440 12/1/2007 $35.120 5/31/2008 $35.620 !! AUTOMATIC GRADER-EXCAVATOR(RECLAIMER) 12/1/2004 $36.060 6/1/2005 $37.030 12/1/2005 $38.030 BARCO-TYPE JUMPING TAMPER 12/6/2004 $29.200 6/6/2005 $30.200 12/5/2005 $31.200 6/5/2006 $32.200 12/4/2006 $33.440 BATCH/CEMENT PLANT-ON SITE 12/1/2004 $35.570 6/1/2005 $36.570 12/1/2005 $37.570 BLOCK PAVER,RAMMER/CURB SETTER 12/6/2004 $29.700 6/6/2005 $30.700 12/5/2005 $31.700 6/5/2006 $32.700 12/4/2006 $33.940 BLOCK PAVER,RAMMER/CURB SETTER(HEAVY& 12/1/2004 $30.130 6/1/2005 $31.280 12/1/2005 $31.960 6/1/2006 $33.110 HIGHWAY) 12/1/2006 $33.790 6/1/2007 $34.940 12/1/2007 $35.620 5/31/2008 $36.120 BOILERMAKER 10/1/2004 $47.170 10/1/2005 $48.170 BRICK/STONE/ARTIFICIALMASONRY(INCL. 9/6/2004 $40.900 3/7/2005 $42.400 9/5/2005 $43.850 3/6/2006 $45.350 MASONRY WATERPROOFING) 9/4/2006 $46.850 3/5/2007 $48.250 BULLDOZER/SCRAPER I 12/1/2004 $35.570 6/1/2005 $36.570 12/1/2005 $37.570 CAISSON&UNDERPINNING BOTTOM MAN 12/1/2004 $37.206 6/1/2005 $38.350 12/1/2005 $39.450 6/1/2006 $40.600 12/1/2006 $41.700 6/1/2007 $42.850 12/1/2007 $43.950 5/31/2008 $44.450 CAISSON&UNDERPINNING LABORER 12/1/2004 $36.250 6/1/2005 $37.400 12/1/2005 $38.500 6/1/2006 $39.650 12/1/2006 $46.750 6/1/2007 $41.900 12/1/2007 $43.000 5/31/2008 $43.500 CAISSON.&UNDERPINNING TOP MAN, 12/1/2004 $36.250 6/1/2005 $37.400 12%1/2005 $3$.500 6/1/2006 $39.650 12/1/2006 $40.750 6/1/2007 $41.900 12/1/2007 $43.000 5/31/2008 $43.500 an This wage schedule must be posted at the work site in accordance with M.G.L. ch. 149,sec.27 Failure of the employer to pay"prevailing wage rates,"which are the minimum wage rates listed above,on public works projects is a violation of M.G.L.ch. 149,sec.27B. Employees not receiving such rates should report the violation to the Office of Fair Labor and Business Practices,100 Cambridge Street,Boston,MA 02108; Tel:(617).727-3465. Issue Date: 1/7/2005 Rate Sheet: NORTHAMPTON Job ID: 93229 Page: 1 A C7* � - o w + �, � � 0 w + � 33 " u 0 Z Q L �- � r. b o v� C3 c o O tn o � W U ca 3 ct a oC'jc _ s � 3 L L o c cl p L L O O z r C ca � a`i c�C Up 0 'C A E N CL c rs C V H cn .y Y O tn 3 3 o c x � � U cd 4. � O U .D O � 'O r r C � N o v U � L o p 3 U r � o � c c co N z cc a W L 0 C z � o ¢ z C ,0 WE,EKLY PAYROLL RECORDS REPORT & STATEMENT OF COMPLIANCE In accordance with Massachusetts General Law c. 149, §27B, a true and accurate record must be kept of all persons employed on the public works project for which the enclosed rates have been provided. A Payroll Form has been printed on the reverse of this page and includes all the information required to be kept by law. Every contractor or subcontractor is required to keep these records and preserve them for a period of three years from the date of completion of the contract. In addition, every contractor and subcontractor is required to submit a copy of their .. weekly payroll records to the awarding authority. This is required to be done on a weekly basis. Once collected, the awarding authority is also required to preserve those records for three years. In addition, each such contractor, subcontractor, or public body shall furnish to the Department of Labor/Division of Occupational Safety within fifteen days after completion of its portion of the work a statement, executed by the contractor, subcontractor or public body who supervises the payment of wages, in the following form:1 STATEMENT OF COMPLIANCE , 200 (Name of signatory party) (Title) do hereby state: A* That I pay or supervise the payment of the persons employed by on the (Contractor,subcontractor or public body) (Building or project) w and that all mechanics and apprentices, teamsters, chauffeurs and laborers employed on said project have been paid in accordance with wages determined under the provisions of sections twenty-six and twenty-seven of chapter one hundred and forty nine of the General Laws. Signature .. Title DIVISION OF OCCUPATIONAL SAFETY,399 WASHINGTON STREET, 5TH FLOOR,BOSTON,MA.02108 1 IMPORTANT: Please note that, effective September 8, 2004, Statement of Compliance forms must be filed with the awarding authority directly, rather than DOS, within fifteen days after completion of the work. THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENTS OF LABOR AND WORKFORCE DEVELOPMENT d DIVISION OF OCCUPATIONAL SAFETY PREVAILING WAGE PROGRAM www.mass.gov/dos/pw w MITT ROMNEY ROBERT J. PREZIOSO Governor Commissioner KERRY HEALEY Lieutenant Governor JANE C. EDMONDS Director,DWD ,.NGELO R. BUONOPANE Director,DOL The Massachusetts Prevailing Wage Law M.G.L. c. 149, §§26-27 NOTICE TO AWARDING AUTHORITIES ➢ The enclosed wage schedule applies only to the specific project listed at the top of the schedule, and these rates will remain in effect for the duration of the project. ➢ You should request an updated wage schedule from the Division of Occupational Safety if you have not opened bids or selected a contractor within 90 days of the date of issuance of the enclosed wage schedule. ➢ The wage schedule shall be incorporated in any advertisement or call for bids for the project for which it has been issued. ➢ Once a contractor has been selected by the awarding authority, the wage schedule shall be made a part of the contract for that project. NOTICE TO CONTRACTORS 01➢ The enclosed wage schedule must be posted in a conspicuous place at the work site during the life of the project. IF`> The wages listed on the enclosed wage schedule must be paid to employees on public works projects regardless of whether they are employed by the prime contractor, a filed sub-bidder, or any sub- contractor. The enclosed wage schedule applies to all phases of the project, including the final clean-up. 00 Contractors whose only role is to perform final clean-up must pay their employees according to this wage schedule. ➢ All apprentices must be registered with the Massachusetts Division of Apprenticeship Training(DAT) in order to be paid at the lower apprentice rates. If a worker is not registered with DAT, they must be paid the "total rate" listed on the wage schedule regardless of experience or skill level. For further information,please call (617) 626-5409, or write to DAT, 19 Staniford Street, Floor 1, P.O. Box .,,146759, Boston, MA 02114. 399 Washington Street • 5`h Floor • Boston,Massachusetts 02108 • Tel: 617-727-3492 • Fax: 617-727-0726 .a LABOR AND MATERIAL PAYMENT BOND Now, THEREFORE, THE CONDITION or THIS t)stiGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor anti material used or reasonably required for use in the performance of the 0s Contract, then this obligation shall be void, otherwise it shall remain in full force and effect,subject,however,to the fol- lowing conditions: 1. A claimant is defined as one having a direct con accuracy the amount claimed and the name of the party me tract with the Principal or with a Subcontractor of the to whom the materials were furnished', or for whom Principal for labor, material, or both, used or reasonably the, work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by,mailing the same by registered mail labor and material being construed to include that part of or certified maili postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place am service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need an jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the fast of such claimant's it being understood, however, that if any limitation em- `e work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law, -. claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses c)in and f and f than in a State Court of competent jurisdiction of any such suit. or the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the s+ by any claimant: district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and ,us notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount so for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this day of 19 so (Principal) (Start 'at' (Witnc scl thik.) �wr kSun•Iyl IScaq tTitk•) I t CAUTION: You should sign an original AIA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A311 - t'MORMANCt BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA b ttSWARY 117o Et).-THE AMERICAN INSTITUTE Of ARCHITECTS,17t%NY.AVE.,N.W.,WA5H1NCTON,D,C.'!o()or, 4 LPBA/Architects,Inc. 00615 LABOR AND MATERIAL PAYMENT BOND Page 2 of 2 `�" ItAll THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND AN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE Of THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that More insert full name and addrets or legal title of Contractor) as Principal, hereinafter called Principal, and, (Here insert full name and address at legal title of Surely) as Surety, hereinafter called Surety, are held and firmly bound unto Were insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of tHeitt Insert a sum equal to at least one-half of the contract price). Dollars ($ for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and Severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 entered into a contract with Owner for (Here insert full name,UMMS and description of prolet) in accordance with Drawings and Specifications prepared by Mote insert full name and,addtess or legal title of A(chitectl which contract is by reference made a part hereof, and is hereinafter referred to as the Contract, AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT 90NO * AIA a FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS.17315 N.Y.AVE.,N-W,,WASHINGTON,D.C.2OW6 3 Ali LPBA/Architects,Inc. 00615 LABOR AND MATERIAL PAYMENT BOND Page 1 of 2 ON PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void otherwise it shalt remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner, arranged tinder this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; to be in default under the Contract, the Owner having but not exceeding, including other costs and damages ,Surety for which the Surety may be rabic hereunder, the amount performed Owner's obligations thereunder, the may promptly remedy the default, or shat! promptly set forth in the first paragraph demo(. The term"balance of the contract price," as used in this paragraph, shall .� 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount,properly paid by Owner to Contractor. a) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with Its terms and conditions, And upon de- the.expiration of two fa) years from the.date on which termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the final payment under the Contract falls due: Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (evert Owner named herein or the heirs, executors, adminis- though there should be a default ar, ,a succession of trators or successors of the Owner. Signed and sealed this day of 19 �tane;it>.�lt i3r,tt rw {Witness} ITit{c) w fAlrol.) ISrrU (Witnekx) .w I Title) MCAUTION: You should sign an original AIA document which has this caution printed in red, An origin aI assures that Changes will not be obscured as may occ ur when documents are reproduced, Ak# AIA DOCUMENT Aitt ! PERrbitMANti BOND AN5 tABt1R AND MA11 RtAt PAYMENT BOND • AIA 0 rEkRUAIty 19M EO.•THE AMERICAN INSTITUTE(V ARCHITECTS,1 735 N.Y.AVE.,N.'W.,WASHINGTON,O.C.at)OOt 2 LPBA/Architects,Inc. 00614 PERFORMANCE BOND Oki, Page 2 of 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A317 Performance Bond KNOW ALL MEN BY THESE PRESENTS. that IMtct insert full name and"Wrens or Iept title of contractod as Principal, hereinafter called Contractor, and,: Were insert full name and address or lept tide of Sunetyl as Surety, hereinafter called Surety, are held and firmly bound unto (Mere insert lull name and address or legal title of owner? as Obligee, hereinafter called Owner, in the amount of Dollars t# L for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20 ,entered into a contract with Owner for (Here insert full tarn#,address and description of protect) in accordance with Drawings and Specifications prepared' by (Here insert full name and address or legal tale of Architects which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT' A711 • PERrt)RMANCE BAND AND LABOR AND MATERIAL PAYMENT BOND a AIA 0 rEBRUARtt 1970 Et).•THE AMERICAN INSTITUTE Of ARCHITECTS.1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20(106 LPBA/Architects, Inc. 00614 PERFORMANCE BOND Page I of 2 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 To demonstrate every possible measure, the Contractor will furnish (a) the name of each firm solicited for quotations on each Subcontract, the price quoted by each, and whether or not the firm solicited was a minority; (b) the reason for not Subcontracting with a minority firm when applicable; (c) evidence showing efforts by the Contractor to supplement its own and SOMBA lists of minority business sources by contacting the Small Business Administration, trade organizations, the Services Administration (US Government), minority contractors' organizations, community organizations and other likely sources of names of additional minority or woman-owned business firms capable of performing the Work; and (d) evidence showing other efforts to comply with this Article 17. ! The City may then determine that no such substitute minority Contractors exist. 17.6 Hearings and Appeals 17.6.1 The Awarding Authority shall not impose any sanctions under Paragraph 17.5 unless the Contractor, SOMBA and any interested party shall have been given an opportunity to present testimony at an administrative conference held by the Department, and the Department determines in its w* sole discretion that the sanctions are justified by the supporting circumstances presented at the Administration Conference. 17.6.2 A Contractor shall have the right to request the City to suspend any or all sanctions imposed under Paragraph 17.5 upon showing that he/she is in compliance with this Article 17. Purch. Rev. 4/87 65 City of Northampton Forbes Library .. Masonry Repointing Project 20 West Street Northampton,MA 01060 said failure shall not entitle the bidder to avoid the requirements of this Article 17. �* 17.4.5 The Contractor shall not terminate any sub-contract for, nor perform with his/her own organization, nor assign to any other contractor or Subcontractor, work designated to an MBE on the Participation Schedule without the written approval of the City and notification to SOMBA. Such approval shall be withheld until the Contractor demonstrates that the Participation Amount is still met for any substituted MBE, provided however, that compliance with this paragraph shall not limit the terms of M.G.L. Chapter 149, Section 44F. 17.4.6 Any changes or substitutions of the officers or stockholders in an MBE that reduces the minority or woman ownership or control to less than the requisite percentage will result in the automatic revocation of that MBE's or WBE's certified status. If an MBE listed on the Schedule has its certified status revoked, the Contractor shall consider his/her compliance with this Article 17 terminated and must proceed as outlined in the following paragraph. 17.4.7 Any bidder or Contractor must provide information as its is necessary in the judgement of the City or SOMBA to ascertain compliance with the terms of this Article 17. 17.4.8 If the Contractor desires to comply with this Article 17, but for reasons beyond his/her control cannot do so in accordance with the Participation Schedule, the Contractor must submit to the City the reason for his/her inability to comply and proposed revisions to the Participation Schedule stating how conditions of this Article 17 are to be met. ,. 17.4.9 Failure to comply with any provisions of Article 17 shall constitute a substantial violation and breach the Owner-Contractor agreement. .. 17.5 Sanctions 17.5.1 If the Contractor fails to comply with the terms of these conditions, the City may ..� (a) suspend any payment for the Work that should have been but was not performed by an MBE pursuant to the Participation Schedule; or w (b) require specific performance of the Contractor's obligation under this Article 17 by requiring the Contractor to contract with ,. an MBE selected by the Contractor and agreed to by the City for any Work remaining, at no additional cost to the owner. 17.5.2 To the extent that the Contractor has not complied with the terms of these conditions, the City may withhold from any periodic payment monies equivalent to the product of the percentage of completion times the MBE dollar amount, minus the amount already paid to MBE's for Work performed under the contract, minus any payments already withheld. 17.5.3 In addition to the remedies provided under 17.5.1 and 17.5.2 the City may suspend or terminate this contract in whole or in part, or may call upon the Contractors' surety to perform all terms and conditions in the contract. *� 17.5.4 In any proceedings involving the imposition of sanctions, the City may not impose sanctions if it finds that the Contractor has taken every possible measure to comply with this Article 17, and that good cause exist for some other justifiable reason for waiving this Article in whole or in part. .A. 64 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 ' SOMBA. SOMBA requires a minimum of thirty(30)days from the receipt of a completed application to make its decision regarding the certification of an MBE applicant. 17.3.4 Joint Ventures (a) In the case of a joint venture between an MBE and a non- "" certified business, the joint venture shall be certified by SOMBA if the certified MBE shall have at least 51% control over the management and receipt of profits of the project bid upon. (b) In the case of a joint venture between an MBE and a non- certified business in which the MBE does not exercise more than 51% control over management and profits, the joint !"! venture shall be entitled to a credit as an MBE for that proportion of the joint venture's contract equal to the MBE participation in the joint venture, except in the case of(c) below. (c) Whenever a bid is filed by a joint venture with an MBE participant in the joint venture that does not exercise more than 51% control over management and profits, that joint venture ± ! shall be entitled to credit as an MBE for the lesser of the following amounts: (1)that proportion of the joint venture's item 1 price equal to the MBE participation in the joint venture, or(2) 25% of the Amount of Participation. (d) Whenever a joint venture with an MBE participant files a bid or sub-bid, and requests a credit as an MBE, that bid must be 10 accompanied by the joint venture agreement for that joint venture. 17.4 Com liance 17.4.1 If the Participation Schedule is materially incomplete, the City may consider the bid informal as to substance and reject the bid. If the schedule is incomplete in other respects, the City may consider the bid informal as to form and may waive the informalities upon the satisfactory completion of the required information by the bidder and the minority Contractor as applicable. 17.4.2 If the Awarding Authority finds that the amount of MBE participation submitted by the bidder on his/her schedule does not meet the 5%goal, it will reject the bidder's proposal and find such bidder ineligible for award of this contract. 17.4.3 A General bidder shall not change the MBE's listed in his/her Schedule or make any other such MBE substitutions without the written approval of the City as to certification and notification to SOMBA. 17.4.4 Prior to and as a condition of signing the Owner-Contractor Agreement, the Contractor shall furnish the City and SOMBA with signed copies of Subcontracts and approved purchase orders executed between him/her and each of the MBE's listed on the Participation Schedule. If a listed MBE Contractor fails to obtain a performance or payment bond when requested by the bidder to do so, Purch. Rev. 4/87 63 an City of Northampton Forbes Library so Masonry Repointing Project 20 West Street Northampton,MA 01060 17.1.4 "Minority Business Enterprise"(MBE) means a business organization, certified by *� SOMBA, which can demonstrate that: (a) minority persons beneficially own and control at least 51% 00 of the business: (b) minority persons have dominant control in the management and operation of the business; as (c) minority persons have made a substantial investment in the business; and so (d) the business is an on-going concern, not created solely for the purpose of taking advantage of set-aside programs. 17.1.5 "Amount of Participation" means the actual dollar amount to be paid to MBE's for Work performed on this Contract in accordance with this program. 17.2 Conditions : All Contractors, Subcontractors, Sub-subcontractors, and the like agree to be bound by the commitments and obligations outlined in the sections below, as applicable. 17.2.1 The apparent low general bidder must submit a Letter of Intent within five days of .� the bid opening, as required by the Instructions to Bidders. All Bidders must submit a MBE Participation Schedule with their bids. This schedule shall list those MBE's with whom the Contractor intends to directly subcontract, and also any MBE's listed by filed sub-bidders. Said schedule shall state the amount to be paid each MBE. �* The amount of participation of MBE's listed in this schedule must total at least 5%. MBE's listed on this schedule must be on the SOMBA list of approved MBE's at the time of the receipt of bids. 17.2.2 Subcontractors are encouraged, but not required to Subcontract portions of their work to MBE's. Participation forms, available with the bidding documents, shall be used to list those MBE's with whom they wish to sub-subcontract and the dollar amount of those proposed sub- subcontracts. 17.2.2. 17.2.3 Material suppliers will be considered for compliance under paragraphs 17.2.1 and 17.3 Determination of MBE Status 17.3.1 Any Contractor, Subcontractor or Sub-Subcontractor may apply to SOMBA for MBE status. Applications must be made on the application form prepared by SOMBA and available from SOMBA. Applicants can be certified only by SOMBA, and certification as a"Minority Business" by other agencies does not fulfill the requirements of this Article 17. 17.3.2 SOMBA will be responsible for preparing, publishing, and updating a list of certified minority-owned contracting and Subcontracting businesses. The list that is most current at the time the Work is advertised shall govern, and bidders are expected to use it as a reference source in meeting the requirements of this Article 17. 17.3.3 Submission of an application to SOMBA does not constitute certification by .. 62 _ City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 3. The Contractor receiving the award of the contract shall be required to obtain from each of its Subcontractors filed or nonfiled and submit to the City prior to the performance of any Work under said Subcontract, a certification by said Subcontractor, regardless of tier, that it will comply with the minority manpower ratio and specific affirmative action steps. The form for this certificate shall be as shown under the"Form of Subcontract", in the"Contract Forms"section of this document. 4. 5. In order to ensure that the said Subcontractors'certification becomes a part of all Subcontracts under the prime contract, no Subcontract shall be executed until an authorized representative of the City administering this project has determined, in writing, that the said certification has been incorporated in such Subcontract, regardless of tier. Any Subcontract executed without such written approval shall be void. 6. 17. ARTICLE 17 NORTHAMPTON MINORITY BUSINESS ENTERPRISE PROGRAM 17.1 Definitions: For purposes of this program, the following definitions shall prevail: - - 17.1.1 "Minority" means a person who is a citizen or permanent resident of the United States and who is either (a) Black (persons having origins in any of the Black racial groups of Africa.) Hispanic(b) His p (persons of Mexican, Puerto Rican, Cuban, Central or South American origin); r (c) Native American (persons having origins in any of the original peoples of North America, and who are recognized as native Americans by a tribal organization); (d) Eskimo&Aleut(persons having origins in any of the original peoples of Northern Canada, Greenland, Alaska, and Eastern Siberia); (e) Asian (persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands, for example-China, Japan, Korea, the Phillipine Islands, Samoa); or (f) Cape Verdean (persons having origins in any of the original 04 peoples of Cape Verde Islands who are of Black African origin). 17.1.2"SOMBA" means the State Office of Minority Business Assistance, 100 Cambridge Street, Room 1300, Boston, Massachusetts 02202. 17.1.3 "Department" means the Department of Community Affairs as defined in the Supplementary Conditions. Purch. Rev. 4/87 61 4W City of Northampton Forbes Library Masonry Repointing Project so 20 West Street Northampton,MA 01060 so certify to the City or the Department as appropriate and shall set forth what efforts he has made to �* obtain the information. 2. 3. 4. Whenever the City's EEO Officer, the MCAD, the Department or the Liaison Committee w believes the Contractor may not be operating in compliance with the terms of these requirements, the Department shall conduct an investigation, and may confer with the parties, to determine if such Contractor is operating in compliance with the terms of this section. No investigation by the Department +* shall be initiated without prior notice to the Contractor. If the Department finds the Contractor not in compliance, it shall make a preliminary report on non-compliance, and notify such Contractor in writing of such steps as will in the judgement of the Department bring such Contractor into compliance. A copy of such report shall be sent to the Department's Affirmative Action Officer. In the event that such Contractor fails or refuses to fully perform such steps, the Department shall make a report of non-compliance to the Department which will then conduct an investigation and should it find such Contractor to be in non- compliance, it will recommend, in a final report, the imposition of one or more of the sanctions listed below. If, however, the Department believes the Contractor has taken or is taking every possible measure to achieve compliance, it shall not make a final report of non-compliance. Within fourteen days of a final report the Department shall after due notice and an opportunity to be heard, move to impose one or more the following sanctions to attain full and effective compliance: 5. a. For each week that the Contractor fails or refuses to comply, the Department may recover from the Contractor, 1/100 of 1% of the contract award price or$1000 whichever sum is greater, in the nature of liquidated damages or if a Subcontractor is in non-compliance, the Department may recover from the Contractor, 1/10 of 1%of the Subcontract price, or$400 whichever sum is greater, in the nature of liquidated damages, to be assessed by the Contractor as a back charge against the subcontractor for each week that such party fails or refuses to comply. b. The suspension of any payment or part thereof due under the contract until such time as the Contractor is able to demonstrate his compliance with the terms of the contract; C. The termination or cancellation of the Contract, in whole or in part, unless the Contractor is able to demonstrate within a specified time his compliance with the terms of the Contract; d. The denial to the Contractor of the right to participate in any future contracts awarded by the Department for a period of up to three years. 1 If at any time after the imposition of one or more of the above sanctions a Contractor is able to demonstrate that he is in compliance with these regulations he may request the Department in consultation with the City, to suspend the sanctions conditionally, pending a final determination by the Department as to whether the Contractor is in compliance. After receiving a final report, the Department shall either lift the sanctions or reimpose them. 2. B. Certification C. 1. The Contractor's Certification Form must be signed by all successful low bidders prior to award by the City. 2. •► 60 ""' City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 E. Minority Goal F. 1. As part of his obligation of remedial action under the foregoing section, the Contractor shall maintain on this project a percent ratio of minority employee man-hours in each job category not less than Five(5) percent. Such job categories shall include but not be limited to bricklayers, carpenters, cement masons, electricians, ironworkers, operating engineers, and those"classes of Work"enumerated in Section 44C of Chapter 149 of the Massachusetts General Laws. 2. 3. Referrals: In the hiring of minority journeymen, apprentices, trainees and advanced trainees, the Contractor shall rely on referrals from a multiemployer affirmative action program approved by the Department or The Commission; three agencies designated by the Liaison Committee: and traditional referral methods utilized by the construction industry, where such referrals are need to meet minority hiring requirements. The Contractor shall keep accurate records of such requests for referrals. 4. 5. Records of employment referral orders, prepared by the Contractor, shall be made available to the City and to the Liaison Committee on request. 6. 7. The Commission, or designee of the City, and a designee of the Liaison Committee shall each have right of access to the construction site. 8. G. Work Force Tables H. 1. Quarterly Projected Work Force: The Contractor shall prepare projected work force tables on a quarterly basis. These shall be broken down into projections by week of workers required in each trade. Updated copies shall be furnished to the City's EEO Officer and the Liaison Committee, one week in advance of the commencement of work and of each quarter thereafter. Quarters shall begin on January 1, April 1, July 1 and October 1. No work shall begin until projected work force tables are received by the City's EEO Officer. 2. 3. Weekly Actual Work Force Table: The Contractor shall prepare a report due after each week of activity, reflecting the actual working hours of all personnel identified as minority or non-minority. It shall be received by the City and the Liaison Committee no later than Friday following the week reported. 4. !! I. Liaison Committee J. Y 1. The Contractor(or his agent, if any, designated by him as the on-site Equal Employment Opportunity Officer) shall recognize the Liaison Committee as an affirmative action body, and shall establish a continuing working relationship with the Liaison Committee, consulting with the Liaison Committee on all matters related to minority recruitment, referral, employment and training. 2. !"► K. Compliance- Information. Reports and Sanctions L. 1. The Contractor will provide all information and reports required by the City or the Department on instructions issued by either of them and will permit access to its facilities and any books, records, accounts and other sources of information which may be determined by the City or the Department to affect the employment of personnel. This provision shall apply only to information pertinent to the Commonwealth's affirmative action contract requirements. Where information required is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall Purch. Rev. 4/87 59 City of Northampton Forbes Library .w Masonry Repointing Project 20 West Street Discrimination. Northampton,MA 01060 4. 5. "Contractor" refers to the Contractor and all Subcontractors, Filed, and Unfiled. 6. 7. "Liaison Committee" refers to a body established for the life of this Contract at the discretion of the Commission, composed of one representative each from the agency or agencies administering this project, the Commission, and such other representatives as may be designated by the Commission in conjunction with the administering agency or agencies. .. 8. 9. "E.E.O. Officer" refers to Equal Employment Opportunity Officer, those person designated by the Contractor, the City, or any other agency or party having jurisdiction in this contract, that serve in a capacity to implement this Article. 10. C. Conditions : During the performance of this Contract, the Contractor for himself, his assignees, and successors in interest, agrees as follows: D. 1. For Work under this Contract, a Contractor shall not discriminate against any employee or applicant for employment because of race, color, religious creed, national origin, age, handicap, or sex. The aforesaid provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising; recruitment layoff; termination; rates of pay or other forms of compensation; conditions or privileges of employment; and selection for apprenticeship. The Contractor shall post in conspicuous places, available for employees and applicants for employment, notices.to be .� provided by the Commission setting forth the provisions of the Fair Employment Practices Law of the Commonwealth. 2. 3. For Work under this Contract, a Contractor shall undertake in good faith affirmative action measures designed to eliminate any discriminatory barriers in the terms and conditions of employment of the grounds of race, color, religious creed, national origin, age, handicap, or sex, and to eliminate and remedy any effects of such discrimination in the past. Such affirmative action shall entail ,. positive and aggressive measures to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation, and in-service or apprenticeship training programs. This affirmative action shall include all action required to guarantee equal employment opportunity for all persons, regardless of race, color, religious creed, national origin, age or sex. A purpose of this provision is to ensure to the fullest extent possible an adequate supply of skilled tradesmen on this public construction project. 4. 5. For Work under this Contract a Contractor will not discriminate on grounds of race, color, religious creed, national origin, age or sex in employment practices, in the selection or retention of Subcontractors, or in the procurement of materials and rentals of equipment. 6. 7. If a Contractor shall use any Subcontractor on any work under this contract, he shall take affirmative action to negotiate with qualified minority Subcontractors. This affirmative action shall cover both pre-bid and post-bid periods. It shall include notification to the State Office for Minority Business Assistance (SOMBA) or its designees, while bids are in preparation, of all products, Work, or .. services for which the Contractor intends to negotiate bids. 8. 9. In solicitations either by competitive bidding or negotiation made by a Contractor either AN for Work under a Subcontractor or for the procurement of materials or equipment, each potential Subcontractor or supplier shall be notified in writing of the Contractor's obligations under this Contract relative to nondiscrimination and affirmative action. 10. ON Am 58 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 (.ARTICLE 15 LABOR REQUIREMENTS OF THE COMMONWEALTH OF MASSACHUSETTS Labor Laws II. 1. The Contractor and the Subcontractors shall conform to applicable provisions of M.G.L. Chapter 149, as amended. 2. 3. No laborer, workman, mechanic, foreman or inspector working in the employment of the Contractor, Subcontractor or other person doing or contracting to do the whole or part of the Work contemplated by this Contract, shall be required or permitted to work any more than eight hours in any one day, or more than 48 hours in any one week, or more than six days in any one week, except in cases of emergency. 4. 5. Every employee on the Work shall lodge, board, and trade where and with whom he elects, and the Contractor and any Subcontractor shall not directly or indirectly require, as a condition of employment in said Work, that an employee lodge, board, or trade at a particular place or with a particular person. 6. 7. The Contractor and each Subcontractor shall give preference in employment of mechanics, apprentices, teamsters, chauffeurs and laborers, first to citizens of the Commonwealth who have been residents of the Commonwealth for at least six months at the commencement of their , ► employment and who are veterans as defined in clause 43 of Section 7 of Chapter 4 of the General Laws, and who are qualified to perform the Work to which the employment relates; and secondly, to citizens of the Commonwealth generally, and if they cannot be obtained in sufficient numbers, then to citizens of the United States. 8. B. Executive Orders C. 1. The Contractor shall comply with the provisions of M.G.L. Chapter 151 B; Executive Order No. 227, Governor's Code of Fair Practices, amending and Revising Executive Orders No. 116 and 117; Executive Order No. 237 pertaining to minority and women business development; Executive Order No. 246 pertaining to the handicapped and all regulations promulgated pursuant thereto. The aforementioned law, Executive Orders, and regulations are incorporated herein by reference and made a part of this Contract. III.ARTICLE 16 V. NORTHAMPTON CONTRACT COMPLIANCE PROGRAM A. Definitions: For purposes of this program, the following additional definitions shall prevail: B. 1. "Minority" refers to Asian-Americans, Blacks, Spanish Surnamed Americans, North American Indians, and Cape Verdeans. 2. 3. "Commission"or"MCAD"refers to the Massachusetts Commission Against Purch. Rev. 4/87 57 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 the Specifications. 5. III.ARTICLE 14 TERMINATION OF THE CONTRACT ..� ermination By the Contractor II. 1. If the Work is stopped for a period of 30 days under any order of any court or other public Authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency make materials unavailable, through no act or fault of the Contractor or a Subcontractor, or their Designers or employees, or any other person performing any of the Work under a contract with the Contractor, then the Contractor may, upon seven additional days'written notice to the Owner and Designer, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. 2. B. Termination By The Owner C. 1. If the Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough �. properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, upon certification by the Designer that sufficient cause exists to **� justify such action may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, seven days'written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. 2. 3. If the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, �* including compensation for the Designer's additional services 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 to the Owner, as the case may be, shall be certified by the Designer, upon application, in the manner provided in Paragraph 9.4, and this obligation for payment shall survive the termination of the Contract. w .. SUPPLEMENTARY CONDITIONS PART 2-ADDITIONAL CONDITIONS so Articles set forth under Part 2 of this section are additional conditions not covered in the A.I.A. General Conditions. 56 OR City of Northampton Forbes Library wr Masonry Repointing Project 20 West Street Northampton,MA 01060 5. The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.2, unless removal is waived by the Owner. 6. 7. If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the Owner may correct it in accordance with Paragraph 3.4. 8. 9. If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Designer, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days'written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Designer's additional services made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 10. 11. The Contractor shall bear the cost of making good all work of the Owner or separate contractors destroyed or damaged by such correction or removal. ' 12. 13. Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents, including Paragraph 4.5 hereof. The establishment of the time period of one year after the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which his 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 his obligations other than specifically to correct the Work. 14. D. Acceptance of Defective or Non-Conforming Wor E. 1. If the Owner prefers to accept defective or nonconforming Work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 2. F. Special Guarantees And Warranties G. 1. All guarantees and warranties required in the various Sections of the Specifications which originate with a Subcontractor or manufacturer must be delivered to the Designer before final payment to the Contractor may be made for the amount of that subtrade or for the phase of Work to which the guarantee or warranty relates. 2. The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the Subcontractor to fully complete his Work in accordance with the Contract Documents. 3. 4. The Contractor's obligation to correct Work as set forth in Paragraph 13.2 is in addition to, and not in substitution of, such guarantees or warranties as may be required in the various Sections of Purch. Rev. 4/87 55 r. City of Northampton Forbes Library no Masonry Repointing Project 20 West Street Northampton,MA 01060 change in the Contract Sum resulting from such claim shall be authorized by Change Order. 4W 2. 3. If the Contractor claims that additional cost is involved because of, but not limited to, (1) any written interpretation pursuant to Subparagraph 2.2.8, (2)any order by the Owner to stop the Work pursuant to Paragraph 3.3 where the Contractor was not at fault, (3)any written order for a minor change in the Work issued pursuant to Paragraph 12.4, or(4)failure of payment by the Owner pursuant to Paragraph 9.7, the Contractor shall make such claims as provided in Subparagraph 12.3.1, except as set forth in Subparagraph 3.3.2 of the Supplementary Conditions. 4. G. Minor Chanoes in the Work H. 1. The Designer will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not consistent with the intent of the Contract Documents. Such changes shall be effected by written order, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly. 2. I I.ARTICLE 13 UNCOVERING AND CORRECTION OF WORK Uncovering of Work II. . 1. If any portion of the Work should be covered contrary to the request of the Designer or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Designer, be uncovered for his observation and shall be replaced at the Contractor's expense. 2. 3. If any other portion of the Work has been covered which the Designer has not specifically requested to observe prior to being covered, the Designer may request to see such Work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Contract •■ Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by the Owner or a separate contractor as provided in Article 6, in which event the Owner shall be responsible for the payment of such costs. .. 4. B. Correction of Work C. 1. The Contractor shall promptly correct all Work rejected by the Designer as defective or as failing to conform to the Contract Documents whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Designer's additional services made necessary thereby. 2. 3. If, within one year after the Date of Substantial Completion of the Work or designated �► portion thereof or within one year after acceptance by the Owner of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 4. 54 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 20. 21.For Work performed by the Contractor with his own forces there shall be added a percentage fee for the Contractor equal to 15% of the total of Items 1,2,3 hereinabove. 22. 23.For Work performed by a filed or non-filed Subcontractor there shall be added a percentage fee for the Subcontractor equal to 15%of the total of Items 1,2,3 hereinabove. To this total amount of the Subcontractor's price there may be added an additional percentage fee of 10%for the Contractor. 24. 25.The percentage fee shall be compensation to cover the cost of supervision, layout, overhead, bonds, profit, and all other expenses which are not included in the cost of the Work as defined above. 26. 27.Pending final determination of cost to the Owner, payments on account shall be made on the Designer's Certificate for Payment. The amount of credit to be allowed by the Contractor to the Owner for any deletion or change which results in a net decrease in the Contract Sum will be the amount of the actual net cost as confirmed by the Designer. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. 28. 29. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. 30. C. Concealed Conditions D. 1. Pursuant to Section 39N of Chapter 30 of the Laws, the following shall apply to differing concealed conditions: so 2. 3.If, during the progress of the Work, the Contractor or the City discovers-that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the COntract Documents either the Contractor or the City may request an equitable adjustment in the Contract Price 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 the Contractor, or upon its own initiative, the City 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 ordinarily 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 the Work, the contracting Authority shall make an equitable adjustment in the Contract Price and the Contract shall be modified in writing accordingly. 4. E. Claims for Additional Cost F. 1. If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Designer written notice thereof within twenty days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.3. No such claim shall be valid unless so made. If the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be determined by the Designer. Any Purch. Rev. 4/87 4! 53 an City of Northampton Forbes Library Masonry Repointing Project so 20 West Street Northampton,MA 01060 1. The Owner, at his option, may purchase and maintain such insurance as will insure him against loss of use of his property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of his property, including consequential losses due to fire or other hazards however caused, to the extent covered by insurance under this Paragraph 11.4. ILARTICLE 12 CHANGES IN THE WORK am A. Change Orders B. •o 1. A Change Order is a written order to the Contractor signed by the Owner and the Designer, issued after execution of the Contract, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum or the Contract Time. All Change Orders must be countersigned by the Administrator in accordance with Paragraph 3.1 as supplemented. 2. 3. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. 4. 5. The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: �. 6..1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 7..2 by unit prices stated in the Contract Documents or subsequently agreed upon; 8..3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee, or 9..4 by the method provided in Subparagraph 12.1.4. 10. ,. 11. If none of the methods set forth in Clauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contractor, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Designer on the basis of so the reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clauses 12.1.3.3 and 12.1.3.4 above, the Contractor shall keep and present, in such form as the Designer may prescribe, an itemized accounting together with appropriate supporting data for inclusion in a Change Order. 12. 13.1. Cost of materials entering permanently in the Work, including cost of delivery: 14. 15.2. Cost of labor at the rates found elsewhere in this document including foremen: 16. 17.3. Rental value at fair market rental rates of equipment and machinery employed directly on the Work (hand tools and minor equipment excluded): 18. 19.4. A percentage amount of 25%of item 2 above to cover Workman's Compensation, F.I.C.A., and .,■ unemployment contributions. 52 City of Northampton Forbes Library ! Masonry Repointing Project 20 West Street Northampton,MA 01060 4. 5. Any loss insured under Subparagraph 11.3.1 is to be adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of Subparagraph 11.3.8. The Contractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor, and by appropriate agreement, written where legally required for validity, shall required each Subcontractor to make payments to his Sub-subcontractors in similar manner. 6. 7. The Contractor shall file the original and one certified copy of all policies with the Owner before exposure to loss may occur. If the Owner is damaged by the failure of the Contractor to maintain such insurance and to so notify the Owner, then the Contractor shall bear all reasonable costs properly attributable thereto. 8. 9. (intentionally deleted) 10. 11. The Owner and Contractor waive all rights against(1) each other and the Subcontractors, Sub-subcontractors, Designers and employees each of the other, and (2)the Designer and separate contractors, if any, and their subcontractors, sub-subcontractors, Designers and employees, for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Paragraph 11.3 or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Owner as trustee. The foregoing waiver afforded the Designer, his Designers and employees shall not extend to the liability imposed by Subparagraph 4.18.3. The Owner or the Contractor, as appropriate, shall require of the Designer, separate contractors, 40 Subcontractors and Sub-subcontractors by appropriate agreements, written where legally required for validity, similar waivers each in favor of all other parties enumerated in this Subparagraph 11.3.6. 12. 13. If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of his duties. He shall deposit in a separate account any money so received, and he shall distribute it in accordance with such agreement as the parties in interest may reach, or in accordance with an award by arbitration in which case the procedure shall be as provided in Paragraph 7.9. If after such loss no other special agreement is made, replacement of damaged work shall be covered by an appropriate Change Order. 14. 15. The Owner as trustee shall have power to adjust and settle any loss with the insurers ? ! unless one the of parties in interest shall object in writing within five days after the occurrence of loss to the Owner's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Paragraph 7.9. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 16. 17. If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be so cancelled or lapsed on account of such partial occupancy or use. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 18. G. Loss of Use Insurance H. Purch. Rev. 4/87 51 go City of Northampton Forbes Library Masonry Repointing Project am 20 West Street Northampton,MA 01060 14. 15.3. Comprehensive Public Liabilitv including Contractor's Liability as applicable to the Contractor's ON obligations under Paragraph 4.18; Elevators (if any on the Work): Completed Operations and Products Liability: all on the occurrence basis with Personal Injury coverage and Broad Form Property Damage. Remove the XCU exclusions relating to Explosion, Collapse, and Underground Property Damage. as Completed Operations Liability shall be kept in force for at least two years after the date of final completion. 16. 17.Personal Injury and Accidental Death .. 18. 19. Each person $300,000 20. $1,000,000 21. 22.Pronerty Damage 23. 24. Each Occurrence $300,000 .. 25. Aggregate per 12 months $1,000,000 26. 27.Property Damage . + 28. 29. Each Person $100,000 30. 31. The insurance required by Subparagraph 11.1.1 shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph 4.18. 32. 33. Certificates of Insurance acceptable to the Owner shall be submitted to the Owner simultaneously with the execution of the Contract. Certificates shall indicate that Contractual Liability coverage is in force, as well as deletions of the XCU exclusions. These Certificates shall contain a provision that the insurance company will notify the Owner by registered mail at least 30 days in advance of any cancellation, change, or expiration of the policies. 34. C. Owner's Liability Insurance D. 1. The Owner shall be named as an additional insured on the Contractor's Liability Insurance Policies. 2. E. Propecty Insurance F. 1. The Contractor shall purchase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall be taken out in a company or companies against which the Owner has no reasonable objection and shall include the interests of the Owner, the Contractor, Subcontractors and Sub Subcontractors and shall insure against the perils of fire and extended coverage and shall include"all risks" insurance for physical loss or damage including, without duplication, theft, vandalism and malicious mischief. The insurance shall also cover portions of the Work stored off the site or in transit which are included in an Application for Payment under Subparagraph 9.3.2. If this insurance is written with stipulated amounts deductible, the Owner shall not be responsible for any difference between the payments made by the insurance carrier and the claim. 2. 3. The Contractor shall purchase and maintain such boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interests of the Owner, the Contract, Subcontractors and Sub-subcontractors in the Work. am oft 50 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 13. 14. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and the Designer. 15. 16. The Contractor shall not load or permit any part of the Work to be loaded so as to on endanger its safety. 17. D. Emergencies E. 1. In any emergency affecting the safety of persons or property, the Contractor shall act, at - his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Article 12 for Changes in the Work. III-ARTICLE 11 INSURANCE A. Contractor's Liability Insurance B. 1. The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 2..1 claims under workers'or workmen's compensation, disability benefit and other similar employee benefit acts; 3..2 claims for damages because of bodily injury, occupational sickness or disease, or death of his employees; O 4..3 claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; 5..4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or(2) by any other person; 6..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; and 7..6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 8. 9. The insurance required by Subparagraph 11.1.1 shall be taken out in a company or companies authorized to do such business in the Commonwealth of Massachusetts and satisfactory to the Owner and Department and shall be written for not less than any limits of liability specified herein below, or required by law, whichever is greater. 10. 11.1. Workmen's Compensation and other benefits as required under Chapter 152 of the Laws, as amended, and Section 34A of Chapter 149 of the General Laws. 12. 13.2. Employer's liability with a limit of at least$300,000 each accident. Purch. Rev. 4/87 49 City of Northampton Forbes Library , Masonry Repointing Project 20 West Street Northampton,MA 01060 12. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment. go III.ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY Im Safety Precautions and Programs II. 1. The Contractor shall be responsible for initiating, maintaining and supervising all safety 4W precautions and programs in connection with the Work. 2. B. Safety of Persons and Prooedy ON C. 1. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 2..1 all employees on the Work and all other persons who may be affected thereby; ■* 3..2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub- subcontractors; and 4..3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, Am roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 5. .. 6. The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. go 7. 8. The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all 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 utilities. 9. 10. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 11. 12. The Contractor shall promptly remedy all damage or loss (other than damage or loss •.• insured under Paragraph 11.3)to any property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, any Subcontractor, any Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3 except damage or loss attributable to ~" the acts or omissions of the Owner or Designer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to his obligations •• under Paragraph 4.18. 48 pe City of Northampton Forbes Library OR Masonry Repointing Project 20 West Street Northampton,MA 01060 O. Final Completion and Final Pavment P. 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 Designer will promptly make such inspection and, when he finds the Work acceptable under the Contract Documents and the Contract fully performed, he will promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been completed in accordance with the 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 Designer's final Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor's being entitled to final payment as set forth in Subparagraph 9.9.2 have been fulfilled. Final payment shall be made in accordance with section 39K of Chapter 30, quoted in Subparagraph 9.5.6 hereinabove, which Section takes precedence over any contradictory provisions of Paragraph 9.9. 2. 3. Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the Designer(1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment and (3), if required by the Owner, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. If any Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys'fees. The affidavit and consent of surety shall be submitted on AIA forms G706 "Contractor's Affidavit of Payment of Debts and Claims"and G707"Consent of Surety Company to Final Payment". 4. 5. If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Designer so confirms, the Owner shall, upon application by the Contractor and certification by the Designer, 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 the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in Paragraph 7.5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Designer prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 6. 7. The making of final payment shall constitute a waiver of all claims by the Owner except those arising from: 8..1 unsettled liens, 9..2 faulty or defective Work appearing after Substantial Completion, 10.3 failure of the Work to comply with the requirements of the Contract Documents, or 11..4 terms of any special warranties required by the Contract Documents. Purch. Rev. 4/87 47 40 City of Northampton Forbes Library Masonry Repointing Project am 20 West Street Northampton,MA 01060 the amount for which he is able to make such representations to the Owner. Subject to the provisions of Subparagraph 9.6.3 herein below, the Designer may also decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 2..1 defective Work not remedied 3..2 third party claims filed or reasonable evidence indicating probable filing of such claims, 4..3 failure of the contractor to make payments properly to Subcontractors or for labor, materials or equipment, 5..4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, 6..5 damage to the Owner or another contractor, .� 7..6 reasonable evidence that the Work will not be completed within the Contract Time, or 8..7 persistent failure to carry out the Work in accordance with the Contract Documents. 9. 10. When the above grounds in Subparagraph 9.6.1 are removed, payment shall be made .� for amounts withheld because of them. 11. 12. The City may make changes in any periodic estimate submitted by the Contractor in accordance with Section 39K of Chapter 30 of the General Laws, and the payment due on said periodic estimate shall be computed in accordance with the changes so made. The provisions of said Section 39K shall govern payments pursuant to periodic estimates on which the City has made changes. The Designer shall mark the date of receipt on the estimate. 13. K. Failure of Payment L. .. 1. If the Owner fails to make payments as set forth in Section 39K of Chapter 30, the Contractor shall be compensated as set forth in said Section. 2. M. Substantial Completion ON N. 1. When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined in Subparagraph 8.1.3, the Contractor shall '• prepare for submission to the Designer a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When the Designer on the basis of an inspection determines so that the Work or designated portion therefor is substantially complete, he will then prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed am therein. Warranties required by the Contract Documents shall commence on the Date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. .w 2. 3. Upon substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Designer, the Owner shall make payment, reflecting .w adjustment in retainage, if any, for such Work or portion thereof, as provided in the Contract Documents. 46 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 sworn reply does not contain the detailed breakdown required by subparagraph (d). 26. 27.The City shall make further direct payments to the Subcontractor forthwith after the removal of the basis for deductions from direct payments made as provided in part(i) and (ii) of this subparagraph. 28. 29.(f) The City shall forthwith deposit the amount deducted from a direct payment as provided in part(iii) of subparagraph (e) in an interest-bearing joint account in the names of the Contractor and the Subcontractor in a bank in Massachusetts selected by the City or agreed upon by the contractor and the Subcontractor and 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. 30. 31.(g) All direct payments and all deductions from demands for direct payments deposited in an interest- bearing account or accounts in a bank pursuant to subparagraph (f)shall be made out of amounts payable to the general 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 order of receipt of such demands from Subcontractors. All direct payments shall discharge the obligation of the City to the Contractor to the extent of such payment. 32. 33.(h) The City shall deduct from payments to the Contractor amounts which, together with the deposits in interest-bearing accounts pursuant to subparagraph (f), 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 to such deductions prior to any claims against such amounts by creditors of the Contractor. 34. 35.(i) If the Subcontractor does not receive payment as provided in subparagraph (a)or if the Contractor does not submit a periodic estimate for the value of the labor and materials performed or furnished by the Subcontractor and the Subcontractor does not receive payment for same when due less the deductions provided for in subparagraph (a), the Subcontractor may demand direct payment by following the procedure in subparagraph (d) and the Contractor may file a sworn reply as provided in that same 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 a periodic estimate from the Contractor. Thereafter the City shall proceed as provided in subparagraph (e), (f), (g), and (h). 36. 37. Pursuant to section 39F of Chapter 30 of the Laws, the term "Subcontractor' as used in preceding Subparagraph 9.5.7 shall mean a person who files a sub-bid and receives a Subcontract as a result of that filed sub-bid or who is approved by the City in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the Contractor. 38. L Payments Withheld J. 1. The Designer may decline to certify payment and may withhold his Certificate in whole or in part, to the extent necessary reasonably to protect the Owner, if in his opinion he is unable to make representations to the Owner as provided in Subparagraph 9.4.2. If the Designer is unable to make representations to the Owner as provided in Subparagraph 9.4.2 and to certify payment in the amount of the Application, he will notify the Contractor as provided in Subparagraph 9.4.1. If the Contractor and the Designer cannot agree on a revised amount, the Designer will promptly issue a Certificate for Payment for Purch. Rev. 4/87 45 AM City of Northampton Forbes Library Masonry Repointing Project .w 20 West Street Northampton,MA 01060 receipt of such a periodic estimate form the Contractor, at the place designated by the City 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. 14. 15. The Contractor shall make payments to filed Subcontractors and to other Subcontractors as defined in following Subparagraph 9.5.8 in accordance with Section 39F of Chapter 30 of the General Laws which provides as follows: 16. 17.(a) Forthwith after the Contractor receives payment on account of a periodic estimate, the Contractor shall pay to each Subcontractor the amount paid for the labor performed and the materials furnished by the 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. 18. 19.(b) Not later than the 65th day after each Subcontractor substantially completes his Work in accordance with the plans and specifications, the entire balance due under the subcontract less amounts retained by the City as the estimated costs of completing the incomplete and unsatisfactory items of Work, shall be due the Subcontractor; and the City shall pay that amount to the Contractor. The Contractor shall forthwith pay to the Subcontractor the full amount received from the City less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the Subcontractor by the Contractor. 20. 21.(c) Each payment made by the City to the Contractor pursuant to subparagraphs (a)and (b)of this ., paragraph 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 City shall take reasonable steps to compel the Contractor to make each such payment to each such Subcontractor. If the City 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 subparagraphs (a) and (b), the City shall act upon the demand as provided in this section. 22. 23.(d) If, within 70 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 City as the estimated costs of completing the incomplete and unsatisfactory items of Work, the Subcontractor may demand direct payment of that balance from the City. The demand shall be by a sworn statement delivered to or sent by certified mail to the City, and a copy 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 the Subcontractor has 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 City and a copy shall be delivered to or sent by certified mail to the Subcontractor at the 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 of the amount due for extra labor and materials furnished to the Contractor and of the amount due for each claim made by the Contractor against the Subcontractor. 24. 25.(e) Within 15 days after receipt of the demand by the City, but in no event prior to the 70th day after substantial completion of the Subcontract Work, the City 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 City 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 City shall not deduct ,w from a direct payment any amount as provided in part(iii) if the reply is not sworn to, or for which the 44 City of Northampton Forbes Library Masonry Repointing Project 20 West Street ? Northampton,MA 01060 in the manner and within the time provided in the Contract Documents. 2. 3. 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 Work, the amount to which said Subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of such Subcontractor's Work. The Contractor shall, by an appropriate agreement with each Subcontractor, require each Subcontractor to make payments to his Sub-subcontractors in similar manner. 4. 5. The Designer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding the percentages of completion or the amounts applied for by the Contractor and the action taken thereon by the Designer on account of Work done by such Subcontractor. ' 6. 7. Neither the Owner nor the Designer shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required by law. 8. 9. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents. 10. 11. After the Designer has issued a Certificate for Payment the Owner shall make payment to the Contractor in accordance with Section 39K of Chapter 30 of the General Laws which provides as follows: 12. 13.Within 15 days after receipt from the Contractor, at the place designated by the awarding authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the City will make a periodic 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 at 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 awarding Authority, 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 Section 39 F. and less (3) a retention not exceeding five percent(5%) of the approved OR amount of the periodic payment. After the receipt of a periodic estimate requesting final payment and within 65 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 City, less than one percent(1%) of the original Contract price, or(b) the Contractor substantially completes the Work and the City takes possession for occupancy, whichever occurs first, the City 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 of completing the incomplete and unsatisfactory items of Work less (2)a retention for direct payments to Subcontractors based on demands for same in accordance with the provisions of Section 39 F, 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 Section 39 F. If the City fails to make payment as herein provided, there shall be added to each such payment daily interest at the rate of three percentage points above the rediscount rate than 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 u be due, in any event, on the amount due on a periodic estimate for final payment until fifteen days after Purch. Rev. 4/87 43 City of Northampton Forbes Library Masonry Repointing Project w 20 West Street Northampton,MA 01060 4. 5.(2) The value, kind, and quantity of each item of material or equipment not incorporated in the Work but delivered and suitably stored at some other location agreed upon in writing. 6. 7.(3) The value, kind, and quantity of each item of material or equipment not incorporated in the Work but suitably stored at some other location agreed upon in writing. 8. 9.(4) All Change Orders approved up to the date of the Application for Payment. ., 10. 11. (intentionally deleted) 12. 13. (intentionally deleted) 40 14. 15. In no event may materials or equipment be deemed delivered and suitably stored at the site(or at some other location agreed upon in writing), unless the following requirements are met: Im 16. 17.(1) The materials or equipment are ready for an actually scheduled for prompt use, as so-called stockpiling is expressly forbidden, except as otherwise specified or permitted by the Designer. 18. .. 19.(2) The materials or equipment meet the requirements of the Contract Documents and required submittals have been approved by the Designer. 20. 21.(3) The Contractor can and will adequately protect the materials or equipment until they are incorporated in the Work. 22. 23.(4) The Contractor will pay storage charges and related expenses if materials or equipment are stored at some other location agreed upon in writing. 24. F. CertificateB.For Paymen G. 1. The Designer will,within seven days after the receipts of the Contractor's Application for Payment, either issue a Certificate for Payment to the Owner, with a copy to the Contractor, for such amount as the Designer determines is properly due, or notify the Contractor in writing his reasons for withholding a Certificate as provided in Subparagraph 9.6.1. 2. 3. The issuance of a Certificate for Payment will constitute a representation by the Designer to the Owner, based on his observations at the site as provided in Sub-paragraph 2.2.3 and the data comprising the Application for Payment, that the Work has progressed to the point indicated;that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents, correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the contractor is entitled to payment in the amount certified. However, by issuing a Certificate for Payment, the Designer shall not thereby; be deemed to represent that he has made exhaustive or continuous on-site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Sum. 4. H. Progress Payments 1. After the Designer has issued a Certificate for Payment, the Owner shall make payment ow 42 City of Northampton Forbes Library Masonry Repointing Project 20 West Street ` Northampton,MA 01060 such claim is reasonable. 6. 7. This Paragraph 8.3 does not exclude the recovery of damages for delay by either party under other provisions of the Contract Documents. 8. 9. The Contractor and the Surety of the Contractor's performance bond shall be jointly and " severally liable for, and shall pay to the Owner the expenses for inspection of Work performed after the time stipulated in the Owner-Contractor Agreement for Substantial Completion. Such inspection costs shall include fees paid to the Designer as extra services at the rate stipulated in the Contract for Designerural Services between the Owner and the Designer, the costs of the Project Representative at the current salary rate and any other direct expenses due to inspection. In no case, however, shall the total amount of inspection costs exceed an aggregate total computed at the rate of two hundred dollars per day. The Owner may retain from monies otherwise due the Contractor whatever sums accrue to the Owner pursuant to this provision. The Contractor shall not be liable for inspection costs for delay in performance as provided hereunder for any period for which an extension of the Contract Time has been granted pursuant to the provisions of Subparagraph 8.3.1. I.ARTICLE 9 PAYMENTS AND COMPLETION Contract Sum II. 1. The Contract Sum is stated in the Owner-Contract Agreement and, including authorized adjustments thereto, is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 2. B. Schedule of Values C. 1. Before the first Application for Payment, the Contractor shall submit to the Designer a schedule of values allocated to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Designer may require. This schedule, unless objected to by the Designer, shall be used only as a basis for the Contractor's Applications for Payment. 2. 3. The Schedule of Values shall contain a separate item for each Section of these Specifications broken down in such form as the Designer may require. Each item in the schedule of values shall include its proper share of overhead and profit. 4. D. Application for Payment E. 1. Once each month, on a date established at the beginning of the Work, the Contractor shall deliver to the Designer by hand or by registered or certified mail with return receipt an itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the Designer may require, and reflecting retainage as provided in Paragraph 9.5 as supplemented. Such Application for Payment shall be submitted on a form supplied by the Designer. The form shall show separately: 2. 3.(1) The value of Labor and materials incorporated in the Work. Purch. Rev. 4/87 41 w., City of Northampton Forbes Library Masonry Repointing Project + ! 20 West Street Northampton,MA 01060 IILABTICLE 8 TIME A. Definitions B. 1. Unless otherwise provided, the Contract Time is the period of time allotted in the 40 Contract Documents for Substantial Completion of the Work as defined in Subparagraph 8.1.3., including authorized adjustments thereto. 2. no 3. The date of commencement of the Work is the date established in a notice to proceed. If there is no notice to proceed, it shall be the date of the Owner-Contractor Agreement or such other date as may be established therein. 4. 5. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Designer when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended. 6. 7. The term day as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. 8. C. Progress and Completion D. 1. All time limits stated in the Contract Documents are of the essence of the Contract. .. 2. 3. The Contractor shall begin the Work on the date of commencement as defined in Subparagraph 8.1.2. He shall carry the Work forward expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 4. E. Delays and Extension of Time F. 1. If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Designer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire unusual delay in 40 transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the Owner pending appeal to and decision by the Administrator', or by any other cause which the Designer determines may justify the •� delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Designer may determine. 2. 3• Any claim for extension of time shall be made in writing to the Designer not more than .0 twenty days after the commencement of the delay; otherwise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. 4, 4. 5. If no agreement is made stating the dates upon which interpretations as provided in Subparagraph 2.2.8 shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretations until fifteen days after written request is made for them, and not then unless 40 City of Northampton Forbes Library on Masonry Repointing Project 20 West Street Northampton,MA 01060 7.(a) transactions are executed in accordance with management's general and specific authorization: 8. 9.(b) the transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles and to maintain accountability for asset: 10. 11.(c) access to assets is permitted only in accordance with management's authorization: and 12. 13.(d) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action was taken with respect to any difference. 14. 15. The statement of management on internal accounting controls must have been reviewed by an independent certified public accountant(CPA), and that CPA shall file a statement with the Owner in conformance with the requirements of M.G.L. Chapter 30, Section 39R (c). The CPA's statements must: 16. 17.(a) state that the internal accounting controls statement was examined: ORR 18. 19.(b) express an opinion as to whether management's statement of internal accounting controls is consistent with management's evaluation of the system of internal accounting controls; and 20.(c) express an opinion as to whether the statement is reasonable with respect to transactions and assets of material amounts in the context of the firm's overall financial picture. 21. 22. The Contractor shall submit to the Owner annually during the term of the Contract a financial statement prepared by an independent CPA. This statement shall be based on an audit of the firm's records in accordance with the requirements of M.G.L. Chapter 30, Section 39R(a) (5). The financial statement shall be accompanied by an accountant's report in accordance with the requirements of M.G.L. Chapter 30, Section 39R(a) (6)stating: *' 23. 24.1. the scope of the audit made by the CPA and 25. 26.2. the CPA's opinion of the financial statement as a whole and exceptions and qualifications to that opinion or 27. 28.3. The CPA's statement, with reasons, that an overall opinion cannot be expressed. 29. 30.The accountant's report shall include a signed statement by the responsible corporate officer attesting that all material facts were disclosed to the CPA and that the financial statement is a true and complete statement of financial condition. 31. 32. Changes in the method of record keeping which materially affect any of the statements required by Subparagraph 7.10.3 through 7.10.5 shall be reported to the Owner. State the change, the reason for it, and the date of the change. Include a statement from the CPA approving or commenting on the change in conformance with M.G.L. Chapter 30, Section 39K (b) (3). 33. 34. Subparagraph 7.10.3 through 7.10.6 shall apply only to filed subcontractors and general contractors whose contracts exceed $100,000. 35. Purch. Rev. 4/87 39 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 issue a decision within the thirty-day period of within the additional time period specified in such written notice shall be deemed to constitute a denial of the claim and shall authorize resort to the appeal procedure described below. The decision of the chief executive official or his/her designee shall be final and conclusive unless an appeal is taken as provided below. 10. .. 11.(c)Within twenty-one calendar days of the receipt of a written decision or of the failure to issue a decision as stated in the preceding subparagraph, any aggrieved party may file a notice of claim for an adjudicatory hearing with the division of hearing officers or if the amount in controversy exceeds ten thousand dollars in lieu of appealing the decision of the chief executive official, the aggrieved party may file an action directly in a court of competent jurisdiction and shall serve copies thereof upon all other parties in the form and manner prescribed by the rules governing the conduct of adjudicatory proceedings of the division of hearing officers. The appeal shall be referred to a hearing officer experienced in construction law and shall be prosecuted in accordance with the formal rules of procedure for the conduct of adjudicatory hearings of the division of hearing officers, except as provided below. The hearing officer shall issue a final decision as expeditiously as possible, but in no event more than one hundred and twenty calendar days after conclusion of the adjudicatory hearings, unless the decision is delayed by a request for extension of time for filing post-hearing briefs or other submissions assented to by all parties. Whenever, because an extension of time has been granted, the hearing officer is unable to issue a decision within one hundred and twenty days, s/he shall notify all parties of the reasons for the delay and the date when the decision will issue. Failure to issue a decision with in the one hundred and twenty-day period or within the additional period specified in such written notice shall give the petitioner the right to pursue any legal remedies available to him/her without further delay. M0 12. 13.(d) When the amount in dispute is less then ten thousand dollars, a contractor who is party to the dispute may elect to submit the appeal to a hearing officer experienced in construction law for expedited hearing in accordance with the informal rules of practice and procedure of the division of hearing officers. An expedited hearing under this subparagraph shall be available at the sole option of the contractor. The hearing officer shall issue a decision no later than sixty days following the conclusion of any hearing conducted pursuant to this subparagraph. The hearing officer's decision shall be final and conclusive, and shall not be set aside except in cases of fraud. 14. 15. The Contractor shall proceed with the disputed Work as directed by the Designer. Notice must be given to the Project Representative by the Contractor's superintendent every day that disputed Work is to be performed. Accurate records of the nature and extent of the disputed Work and of the time spent and equipment used on the disputed Work shall be maintained by the superintendent and verified daily by the Project Representative. 16. MR R. Record Keening and Management Controls S. 1. The Contractor shall make and retain for at least six years after final payment records •M which reflect the transactions and dispositions of the firm in accordance with the requirements of M.G.L. Chapter 30, Section 39R (b). 2. 3. These records and the subcontractor's records pertaining to this Contract shall be available for examination by the Owner, Department, Division of Capital Planning and Operations, and Inspector General for six years after final payment. 4. 5. Prior to execution of the Contract the Contractor shall submit a statement of management on internal accounting controls to the Owner in conformance with M.G.L. Chapter 30, Section 39R (c). The system of controls must reasonably assure that: 6. 38 a� City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 notice as provided in Subparagraph 7.7.1. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, the Contractor shall bear all costs ,., thereof, including compensation for the Designer's additional services made necessary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 4. 5. Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered by him to the Designer. 6. 7. If the Designer is to observe the inspections, tests or approvals required by the Contract Documents, he will do so promptly and, where practicable, at the source of supply. 8. N. tnLuregst O. 1. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing at the place of the Project. 2. P. Q. 1. Claims, disputes, and other matters in question between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach thereof, except as provided in Subparagraph 2.2.11 with respect to the Designer's decisions on matters relating to artistic effect, and except for claims which have been waived by the making or acceptance of final payment as provided by Subparagraph 9.9.4 and 9.9.5. shall be decided by the Designer subject to the right of appeal to the Administrator. If the Designer fails to render a decision within thirty calendar days after receiving written notice of claim, either party may request a written decision from the Administrator. 2. 3. Appeal of an Designer's decision must be made directly to the Department by certified mail (copy to the Designer and Owner)within twenty-one calendar days after the date on which the party making the appeal receives the Designer's written decision. Failure to appeal within this period will result in the Designer's decision becoming final and binding upon the Owner and the Contractor. 4. 5.Appeal procedures shall be in conformance with M.G.L. Chapter 30, Section 39Q which provides as follows: + . 6. 7.(a) Dispute regarding changes in and interpretations of the terms or scope of the Contract and denials of or failures to act upon claims for payment for extra work or materials shall be resolved according to the following procedures, which shall constitute the exclusive method for resolving such disputes. Written notice of the matter in dispute shall be submitted promptly by the claimant to the chief executive official of the state agency which awarded the contract or his/her designee. No person or business entity having a contract with a state agency shall delay, suspend, or curtail performance under that contract as a result of any dispute subject to this section. Any disputed order, decision, or action by the agency or its authorized representative shall be fully performed or complied with pending resolution of the dispute. 8. 9.(b)Within thirty days of submission of the dispute to the chief executive official of the state agency or his/her designee, s/he shall issue a written decision stating the reasons therefor, and shall notify the parties of their right of appeal under this section. If the official or his/her designee is unable to issue a decision within thirty days, s/he shall notify the parties to the dispute in writing of the reasons why a decision cannot be issued within thirty days and of the date by which the decision shall issue. Failure to Purch. Rev. 4/87 37 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 C. 1. The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole .. without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the Owner. 2. D. Written Notice E. 1. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. 2. �+ F. Claims For Damages G. 1. Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his employees, Designers or others for whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 2. H. Performance Bond and Labor And Material Pay_ment Bond I. 1. The Owner shall have the right to require the Contractor to furnish bonds covering the payment of all obligations arising thereunder if and as required in the Bidding Documents or in the Contract Documents. 2. J. Rights And Remedies .. K. 1. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 2. 3. No action or failure to act by the Owner, Designer or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 4. L. T t M. 1. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any portion of the Work to be inspected, tested, or approved, the Contractor shall give the Designer timely notice of its readiness so the Designer may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals conducted by public authorities. Unless otherwise provided, the Owner shall bear all costs of other inspections, tests or approvals. 2. 3. If the Designer determines that any Work requires special inspection, testing or approval which Subparagraph 7.7.1 does not include, he will, upon written authorization from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give .A 36 City of Northampton Forbes Library wr Masonry Repointing Project 20 West Street Northampton,MA 01060 1. The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introduction and storage of their materials, and equipment and the execution of their work, and shall connect and coordinate his Work with theirs as required by the Contract Documents. 2. If any part of the Contractor's Work depends for proper execution or results upon the work of the Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Designer any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results, Failure of the Contractor so to report shall constitute an acceptance of the Owner's or separate contractor's work as fit and proper to receive his Work, except as to defects which may subsequently become apparent in such work by others. 3. 4. Any costs cause by defective or ill-timed work shall be borne by the party responsible therefor. 5. 6. Should the Contractor wrongfully cause damage to the work or property of the Owner, or to other work on the site, the contractor shall promptly remedy such damage as provided in Subparagraph 10.2.5. 7. 8. Should the Contractor wrongfully cause damage to the work or property of any separate contractor, the Contractor shall upon due notice promptly attempt to settle with such other contractor by agreement, or otherwise to resolve the dispute. If such separate contractor sues the Owner on account of any damage alleged to have been caused by the Contractor, the Owner shall notify the Contractor who shall defend such proceedings at the Owner's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court which the Owner has incurred. 9. 10. Should the Contractor sustain damage through an act or omission of a subcontractor of any such separate contractor, the Contractor shall have no claim against the Owner for such damage. 11. 12. The settlement of any claim set forth in the preceding subparagraphs 6.2.5 and 6.2.6 shall in no case be a cause for delays in the Work. 13. D. Owner's Right to Clean Up E. 1. If a dispute arises between the Contractor and separate contractors as to their responsibility for cleaning up as required by Paragraph 4.15, the Owner may clean up and charge the cost thereof to the contractors responsible therefor as the Designer shall determine to be just. IV.ARTICLE 7 MISCELLANEOUS PROVISIONS Governing Law 1. The Contract shall be governed by the law of the place where the Project is located. 2. B. Successors and Assigns Purch. Rev. 4/87 35 w City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 E. Subcontractural Relations F. 1. By an 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 the 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 the Designer. Said agreement shall preserve and protect the rights of the Owner and the Designer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor-Subcontractor agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with his Subsubcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph 5.3, and identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make copies of such documents available to his Sub-subcontractors. 2. 3. Paragraph 5.3.1 applies to Subcontractors for sub-trades included in Item 1 of the Form for General Bid. .. 4. 5. The Contractor and each Subcontractor for a sub-trade listed in Item 2 of the form for General Bid shall execute a Subcontract in accordance with M.G.L. Chapter 149, Section 44F. III-ARTICLE-6 WORK BY OWNER OR BY SEPARATE CONTRACTOR Qwner's Right to Perform Work and To Award Separate Contracts III. 1. The Owner reserves the right to perform work related to the Project with his own forces, and to award separate contracts in connection with other portions of the Project or other work on the site under these or similar Conditions of the Contract. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, he shall make such claim as provided elsewhere in the Contract Documents. 2. 3. When separate contracts are awarded for different portions of the Project or other work on the site, the term Contractor in the contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 4. 5. The Owner will provide for the coordination of the work of his own forces and of each separate contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 6.2. 6. B. Mutual Responsibility C. 34 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 III-ARTICLE-5 SUBCONTRACTORS D "ni i I L 1. A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. The term Subcontractor does not include any separate contractor or his subcontractors. 2. A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform any of the Work at the site. The term Sub-subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub- subcontractor or an authorized representative thereof. 3. B. Award of Subcontracts and Other Contracts For Portions of the Work D. 1. Unless otherwise required by the Contract Documents or the Bidding Documents, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Owner and the Designer in writing the names of the persons or entities(including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work. The Designer will promptly reply to the Contractor in writing stating whether or not the Owner or the Designer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Designer to reply promptly shall constitute notice of no reasonable objection. 2. 3. The Contractor shall not contract with any such proposed person or entity to whom the Owner or the Designer has made reasonable objection under the provisions of Subparagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom he has a reasonable objection. 4. 5. If the Owner or the Designer has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the Owner or the Designer has no reasonable !! objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting names as required by Subparagraph 5.2.1. 6. 7. The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner or Designer makes reasonable objection to such substitution. 8. 9. Paragraphs 5.2.1. through 5.2.4 apply to any sub-trade included in Item 1 of the Form for General Bid. 10. 11. The award of subcontracts for any sub-trade included in Item 2 of the Form for General Bid shall be in accordance with Chapter 149, Sections 44A to 44H, M.G.L. Purch. Rev. 4/87 33 go City of Northampton Forbes Library Masonry Repointing Project "" 20 West Street Northampton,MA 01060 given (1) if delivered to the office of the Designer: or(2) if in a sealed, postage prepaid envelope, .� addressed to the City c/o the Designer, deposited in the United State mail: or(3) if delivered prepaid to telegraph office for transmission to the Designer's office. 4. EE. Royalties and Patents FF. 1. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Designer. GG. Indemnification HH. 1. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Designer and their Designers and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys'fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense(1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 4.18. 2. , 3. In any and all claims against the Owner or the Designer or any of their Designers or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under „ this Paragraph 4.18 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 4. wn 5. The obligations of the Contractor under this Paragraph 4.18 shall not extend to the liability of the Designer, his Designers or employees arising out of(1)the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or(2) the giving of .. or the failure to give directions or instructions by the Designer, his Designers or employees provided such giving or failure to give is the primary cause of the injury or damage. 6. II. The procedures, forms, and practices which will be employed on this project are generally described in a publication entitled "Construction Handbook-A Guide for State-Aided Housing Development and Modernization,"written by the Department and available through the Department, and will be explained at a pre-construction conference. 32 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 requirements of the Contract Documents by the Designer's approval of Shop Drawings, Product Data or Samples under Subparagraph 2.2.14 unless the Contractor has specifically informed the Designer in • writing of such deviation at the time of submission and the Designer has given written approval to the, specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Designer's approval thereof. 12. 13. The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Designer on previous submittals. 14. 15. No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Designer as provided in Subparagraph 2.2.14. All such portions of the Work shall be in accordance with approved submittals. 16. W. Use of Site X. 1. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. 2. Y. Cutting and Patching of Wor Z. 1. The Contractor shall be responsible for all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 2. 3. The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of the Owner or any separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor shall not unreasonably withhold from the Owner or any separate contractor his consent to cutting or otherwise altering the Work. 4. AA. Cleaning Up BB. 1. The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials. 2. 3. If the Contractor fails to clean up at the completion of the Work, the Owner may do so as provided in Paragraph 3.4 and the cost thereof shall be charged to the Contractor. 4. CC. Communications DD. 1. The Contractor shall forward all communications to the Owner through the Designer except however a request for an appeal or notification of Work under protest must be sent to the Administrator, copy to Owner and Designer, by certified mail, return receipt requested. 2. 3. Any such communications shall be in writing, addressed to the City and be considered Purch. Rev. 4/87 31 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 shall be so .. 2.confirmed on written request in each case. 3. Q. Progress Schedule R. 1. The Contractor, immediately after being awarded the Contract, shall prepare and submit for the Owner's and Designer's information an estimated progress schedule for the Work. The progress schedule 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. 2. 3. The progress schedule shall show by bar graph or critical path method, as acceptable to the Designer, in sufficient detail, clearly the interrelationships between the various construction operations .. and the percentage of completion and the dollar value on the first day of each month for the Work in each Section of the Specifications and also for the entire work. The graph shall also show the date that the Work in each Section commenced. 4. 5. A copy of the progress schedule shall be kept in the Contractor's field office and be brought up to date each month to show the actual progress of the Work. 6. S. Documents and Samples at the Site T. 1. The Contractor shall maintain at the site for the Owner one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be available to the Designer and shall be delivered to him for the Owner upon completion of the Work. ..F 2. U. Shop Drawings, Product Data and Samples V. 1. Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or Distributor to illustrate some portion of the Work. 2. 3. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the contractor to illustrate a material, product or system for some portion of the Work. 4. 5. Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 6. 7. The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Owner or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. 8. 9. By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field measurements and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 10. 11. The Contractor shall not be relieved of responsibility for any deviation from the r� 30 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 costs of any changes in his own Work or in the Work of other trades which may be due to such substitution. 18. G. rr H. 1. The Contractor warrants to the Owner and the Designer that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Designer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Paragraph 13.2. 2. M" I. Taxes J. 1. The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. 2. 3. The Owner is exempt from payment of the Commonwealth of Massachusetts Sales Tax. 4. K. Permits Fees and Notices L. 1. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and for all other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work, which are customarily secured after execution of the Contract and which are legally required at the time the bids are received. 2. 3. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. 4. 5. It is not the responsibility of the Contractor to make certain that the Contract Documents are in accordance with applicable laws, statutes, building codes and regulations. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Designer in writing, and any necessary changes shall be accomplished by appropriate Modification. 6. 7. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Designer, he shall assume full responsibility therefor and shall bear all costs attributable thereto. 8. M. Allowances (intentionally deletedl N. O. Superintendent P. 1. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications Purch. Rev. 4/87 40 29 .w City of Northampton Forbes Library .o Masonry Repointing Project 20 West Street Northampton,MA 01060 11.Work done outside of regular working hours without the consent or knowledge of the Designer shall be .. subject to additional inspection and testing directed by the Designer. The cost of this testing shall be paid by the Contractor whether the Work is found to be acceptable or not. 12. E. Labor and Materials "o F. 1. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, 4. transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 2. w 3. The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 06 4. 5. Except where otherwise specifically provided to the contrary, the words"or equal'are hereby inserted immediately following the naming or describing of each article, assembly, system, or any component part thereof, in any of the Contract Documents. 6. 7.In accordance with Section 39M of Chapter 30 of the General Laws "an item shall be considered equal to the item so named or described if(1) it is at least equal in quality, durability, appearance, strength, and w. design, (2) it will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased, and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the said specifications". 8. 9.However, the Contractor and the Subcontractors are required to submit to the Designer for consideration as to its equality, a written notice containing the name and full particulars pertaining to any items other than the specific or specifics named or described in the Contract Documents. Such submittal shall in no event be made later than 120 calendar days prior to the incorporation of the item into the Work, except in any case in which (1)the period of time specified in the Contract Documents for Substantial completion of the Work is less than 120 calendar days form the time of execution of the Contract. The aforesaid written notice shall be submitted to the Designer immediately following the execution of the Contract. 10. 11.Upon receipt of such written notice, the Designer shall investigate whether the item in question shall be considered equal to the item named or described in the Contract Documents. Upon conclusion of the investigation, the Designer shall, in writing, promptly advise the Contractor that the item in question is, or is not, considered the equal of the item named or described as aforesaid, and that said item may, or may not, be furnished on the Work accordingly. Such notice must have the concurrence of the Department to "f be valid. 12. 13.In no case may an item be furnished on the Work other than the item named or described, unless the to Designer shall consider the item equal to the item so named or described, as provided by law. 14. 15. The equality of items offered as"equal'to the items named or described shall be proved to the satisfaction of the Designer at the expense of the Contractor or Subcontractor submitting the substitution. 16. 17. The Contractor or Subcontractor, as the case may be, shall assume full responsibility for the prior performance of any item submitted as"equal'to the specific or specifics named and assume the 28 City of Northampton Forbes Library !! Masonry Repointing Project 20 West Street Northampton,MA 01060 D fini i II. 1. The"Contractor'sometimes referred to as the"General Contractor", is the person or entity identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contractor means the Contractor or his authorized representative. 2. Review of Contract Documents B. 1. The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Designer any error, inconsistency or omission he may discover. The Contractor shall not be liable to the Owner or the Designer for any damage resulting from any such errors, inconsistencies or omissions in the Contract Documents. The Contractor shall perform no portion of the Work at any time without Contract Documents or,where required, approved Shop Drawings, Product Data or Samples for such portion of the Work. 2. 3. The Contractor shall compare all grades, lines, levels, and dimensions shown on the Drawings with actual site conditions, and before commencing work he shall promptly report to, and await for the reply from the Designer, any inconsistencies he may discover. The Designer shall reply within five " working days. 4. C. Supervision and Construction Procedures D. 1. The Contractor shall supervise and direct the Work, using his best skill and attention. To this end, he shall employ a superintendent who shall be on the site all times work is in progress. He shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. 2. 3. The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontractors and their Designers and employees, and other persons performing any of the Work under a contract with the Contractor. 4. 5. The Contractor shall not be relieved from his obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Designer in his administration of the Contract, or by inspections, tests or approvals required or performed under Paragraph 7.7 by persons other than the Contractor. 6. 7. The Contractor, at his own expense, shall do all engineering required for establishing grades, lines, levels, dimensions, layouts, and reference points for all trades; shall be responsible for maintaining bench marks and other survey marks; and shall replace as directed any bench marks or survey marks which have been disturbed or destroyed. 8. 9. Unless otherwise required under the Contract Documents, or directed in writing by the Designer, all Work shall be done during regular working hours. However, if the Contractor desires to carry on the Work outside of regular working hours or Saturdays, Sundays, or Massachusetts holidays he - shall allow ample time to enable satisfactory arrangements to be made for inspecting work in progress and shall bear all cost with respect thereto. The Owner shall bill the Contractor directly for such costs. MM4 10. Purch. Rev. 4/87 27 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 necessary by such default, neglect or failure. Such action by the Owner and the amount charged to the .. Contractor are both subject to the prior approval of the Designer. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. H. PartialOccupancv I. 1. Prior to the date of Substantial Completion of the entire Project stipulated in the agreement, the Owner shall have the right, from time to time, to occupy and use any portion of the Project as the Work in connection therewith is substantially completed, provided such occupancy and use do not " unduly interfere with the Contractor's operations. 2. 3. The Designer will, prior to any such occupancy and use, give written notice to the Contractor, indicating the areas intended to be occupied and used, and the intended commencement date of such occupancy and use. Occupancy and use shall not commence prior to a time mutually agreed to by the Owner and the Contractor. 4. ,. 5. Upon receipt of such notice of intent, the Contractor shall promptly secure and submit to the Designer endorsement from the insurance carrier and written consent from the surety, permitting occupancy and use of the Work, or any designated portion thereof, by the Owner prior to Substantial Completion of the entire Project. The Contractor shall be permitted to cancel his building risk insurance for building occupied by the Owner. 6. 7. Partial occupancy by the Owner shall not constitute an acceptance of Work not in ** accordance with the Contract Documents nor relieve the Contractor from the obligation of performing any Work required by the Contract but not completed at the time of occupancy. Before such occupancy, the Designer will give the Contractor a list of items to be completed prior to Final Completion occurring in the areas to be occupied. 8. 9. The Contractor shall be relieved of all maintenance costs of the portion of the Project occupied under this agreement. 10. 11. The Contractor shall not be responsible for wear and tear or damage resulting solely from such occupancy. 12. �* 13. The Contract Sum will be adjusted by mutually acceptable arrangements between the Owner and the Contractor with respect to heat, electricity, and water furnished by the Contractor to the portion of the Work so occupied. 14. 15. When any portion of the building is in condition to receive fittings, appliances, furniture or other property furnished, or furnished and installed, by the Owner under separate contracts, the Contractor shall allow the Owner to bring such items into the building and shall provide all reasonable facilities and protection there for. III.ARTICLE 4 so CONTRACTOR wR Ap 26 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 17.Every contract subject to Section 39 M of this Chapter or Section 44 A of Chapter 149 which requires the City, any official, its Designer or engineer to make a decision on interpretation of the specifications, ! ► approval of equipment, material or any other approval, or progress of the work, shall require that the decision be made promptly and, in any event, no later than thirty days after the written submission for decision: but if such decision requires extended investigation and study, the awarding authority, the official, Designer or engineer 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. 18. a D. Owner's Right To Stop The Work E. 1. If the Contractor fails to correct defective Work as required by Paragraph 13.2 or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order signed personally or by an Designer 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, this right of the Owner to stop the Work shall not give rise to any 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. 2. 3. Pursuant to Chapter 30 of the General Laws, the following provisions (a)and (b) of Section 39 O are included herein in their entirety: 4. 5.(a) The Awarding Authority may order the General 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 Awarding Authority; provided, however, that if there is a suspension, delay or interruption for fifteen days or more due to a failure of the Awarding Authority to act within the time specified in this contract, the Awarding Authority shall make an adjustment in the Contract price for any increase in the cost of performance of this Contract, but shall not include any profit to the General Contractor on such increase; and provided further, that the Awarding Authority shall not make any adjustment in the Contract Price under this provision for any suspension, delays, interruption or failure to act to the extent that such is due to any cause for which this Contract provides for an equitable adjustment of the Contract Price under any other provisions. 6. 7.(b) The general contractor must submit the amount of a claim under provision (a)to the awarding authority 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 awarding authority shall not approve any costs in the claim incurred more than twenty days before the general contractor notified the awarding authority in writing of the act or failure to act involved in the claim. 8. F. Owner's Right To Carry Out the Work G. 1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Designer's additional services made Purch. Rev. 4/87 25 va City of Northampton Forbes Library Masonry Repointing Project �w 20 West Street Northampton,MA 01060 21. .w 22.(5) Certificate of Substantial Completion. 23. 24.(6) Final payment. 25. 26.(7) Termination of Contract. 27. 28. In any instance needing clarification as to whose signature is required, the Contractor w shall seek clarification in writing from the Designer. 29. 30. Work undertaken by the Contractor or a Subcontractor at the Owner's or any other person's order without the Administrator's countersignature prior to the start of such work shall be considered unauthorized work shall not be considered cause for any extra payment on account of the Contract, and the Contractor or Subcontractor shall be responsible for performing, at their own expense any corrective measures required by the Administrator. B. Information and Services Reguired of the Owner C. 1. The Owner shall, at the request of the Contractor, at the time of execution of the Owner- Contractor Agreement, furnish to the Contractor reasonable evidence that he has made financial arrangements to fulfill his obligations under the Contract. Unless such reasonable evidence is furnished, the Contractor is not required to execute the Owner-Contractor Agreement or to commence the Work. 2. 3. The Owner shall furnish all surveys describing the physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 4. 5. Except as provided in Subparagraph 4.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6. .. 7. Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. 8. 9. The Owner will furnish to the Contractor, free of charge, all copies of Contract Documents reasonably necessary for the execution of the Work, including one set for record purposes. In addition, the Owner, through the Designer, will furnish to the Contractor a reproducible transparency and one black line print of details and clarification drawings issued after the Contract has been awarded. The Contractor, at his own expense, shall provide and distribute such number of prints of these transparencies as required for his own and his Subcontractors' use. 10. 11. The Owner shall forward all instructions to the Contractor through the Designer. Communications shall be in writing and be considered given if delivered at the office of the Contractor; or if in a sealed, postage-prepaid envelope addressed to the Contractor's office and deposited in the United States mail; or if delivered prepaid to a telegraph office for transmission to the Contractor's office. 12. 13. The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Work by Owner or by Separate Contractors, Payments and Completion, and insurance in Articles 6,9 and 11 respectively. +*' 14. 15. Pursuant to Chapter 30 of the General Laws, the following Section 39 P is included herein in its entirety. 16. w 24 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 an Designer whose status under the Contract Documents shall be that of the former Designer. 38. (-ARTICLE-3 OWNER Definition II. 1. The term "Owner', sometimes also referred to as the"Awarding Authority" or"Authority" means the City of Northampton identified in the Owner-Contractor Agreement, a public body, politic and corporate, organized and existing under the laws of the Commonwealth of Massachusetts. No member of the City shall in any way, directly or indirectly be personally liable under any of the provisions of this Contract. 2. 3. The term "Administrator" means the Designer as defined in Article 2.0. 4. The term "Construction Advisor" means the Designer as defined in Article 2.0. ob 5. 6. The City and its authorized representatives and Designers shall at all times have access to, and be permitted to observe and review all Work, materials, payrolls, records of personnel, conditions of employment, invoices of materials, and other relevant data and records. 7. 8. All communications, except for protests or disputes, of the Contractor to the Department and its representatives and Designers must be forwarded through the Designer. They shall be in writing, so addressed to the Department and be considered given if delivered to the office of Designer either by hand or if in a sealed, postage prepaid envelope, addressed to the Department c/o the Designer: or if delivered prepaid to a telegraph office for transmission to the Designer's office. 9. 10. Items requiring the Administrator's countersignature as per sub-paragraph 3.1.7 shall be valid only with the signature of the Administrator or with the signature of those designated to act in his/her stead. The Construction Advisor's signature is not sufficient on items requiring the Administrator's ! ► signature. 11. 12. Items requiring the Administrator's countersignature to be valid shall include but not be limited to the following: 13. 14.(1) Approval, substitutions, and final selection of Sub- Bidders pursuant to M.G.L. Section 44F of Chapter 149. w 15. 16.(2) Change Orders,whether or not they affect a change in the Contract Sum or in the Contract Time. 17. Im 18.(3) Written orders, notices, and approvals given by the Owner pursuant to the Contract Documents or pursuant to any Laws applicable to this Contract. 19, 20.(4) Stop Work order. Purch. Rev. 4/87 23 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 Designer for such interpretations. 16. 17. Claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Designer for decision which will render in writing within thirty(30) days. 18. 19. All interpretations and decisions of the Designer shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. In his capacity as interpreter and judge, he will endeavor to secure faithful performance by both the Owner and the Contractor, will not show partiality to either, and will not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 20. 21. The Designer's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 22. 23. The Designer's decision shall be subject to the Contractor's right of appeal to the Administrator, as set forth in Subparagraph 7.9. 24. 25. The Designer will have authority to reject Work which does not conform to the Contract Documents. Whenever, in his opinion, he considers it necessary or advisable for the implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.7.2 whether or not such Work be then fabricated, installed or completed. However, neither the Designer's authority to act under this Subparagraph 2.2.13, nor any �. decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Designer to the Contractor, any Subcontractor, any of their Designers or employees, or any other person performing any of the Work. 26. 27. The Designer will review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Designer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 28. 29. The Designer will prepare Change Orders in accordance with Article 12, and will have r authority to order minor changes in the Work as provided in Subparagraph 12.4.1. 30. 31. The Designer will conduct inspections to determine the dates of Substantial Completion .� and final completion, will receive and forward to the Owner for the Owner's review 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 Paragraph 9.9. 32. 33. If the Owner and Designer agree, the Designer will provide one or more Project Representatives to assist the Designer in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Project Representative shall be as explained by the Designer at a pre-construction meeting. 34. 35. The duties, responsibilities and limitations of authority of the Designer as the Owner's •.+ representative during construction as set forth in the Contract Documents will not be modified or extended without written consent of the Owner, the Contractor and the Designer. 36. 37. In case of the termination of the employment of the Designer, the Owner shall appoint 22 .�. w City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 -- 1II.ARTICLE 2 Designer I. Definifi n II. 1. The duly authorized representative of the Owner that is responsible for the satisfactory completion of the project. 2. B. Administration of the Contract C. 1. The Designer will provide administration of the Contract as hereinafter described. 2. 3. The Designer will be the Owner's representative during construction and until final payment is due. The Designer will advise and consult with the Owner. The Owner's instructions to the Contractor shall be forwarded through the Designer. The Designer 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 Subparagraph 2.2.18. 4. 5. The Designer will visit the site at intervals appropriate to the stage of construction to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the Designer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of his on-site observations as an Designer, he will keep the Owner informed of the progress of the work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 6. 7. The Designer will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Designer will not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their Designers or employees, or any other persons performing any of the Work. 8. 9. The Designer shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Designer may perform his functions under the Contract Documents. 10. 11. Based on the Designers observations and an evaluation of the Contractor's Applications for Payment, the Designer will determine the amounts owing to the Contractor and will issue Certificates for Payment in such amounts, as provided in Paragraph 9.4. 12. 13. The Designer will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. 14. 15. The Designer will render interpretations necessary for the proper execution or progress of the Work, with reasonable promptness and within thirty(30) days of request for interpretation, in accordance with Subparagraph 3.2.8. Either party to the Contract may make written request to the Purch. Rev. 4/87 21 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. In case of inconsistent requirements in the Contract Documents the requirements for the greater quantity or higher quality shall take precedence and shall be the Contract requirement. 6. 7. The organization of the specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the work among Subcontractors or in establishing the extent of Work to be performed by any trade. 8. 9. Where used in conjunction with the Designer's or Engineer's response to submittals, requests, applications, inquiries, reports and claims by the Contractor, the meaning of the term "approved"will be held to the limitations of the Designer's responsibilities and duties as specified in the .. General and Supplementary Conditions. In no case will"approval" by the Designer be interpreted as an assurance to the Contractor that the requirements of the Contract Documents have been fulfilled. 10. 11. Where reference is made to standards or trade association publications, it shall mean to refer to the latest edition and revision thereof, if any, in effect on the date of the contract Documents. 12. 13. Except as otherwise defined in context, the following words, terms, and phrases shall .. mean as follows: 14. 15.(1) "as shown,""as indicated,""as detailed,"or"as noted"shall mean "as shown (indicated, etc.)on drawings or any other diagrammatic or written reference on the Drawings." " 16. 17.(2) "Provide" shall mean "furnish and install, complete and ready for intended use." 18. 19.(3) "Directed," "required," "permitted," "ordered," "designed," "prescribed,"and similar words shall mean the"direction (requirement, permission, order, designation, or prescription) of the Designer." 20. 21.(4) "Approved," "acceptable," "satisfactory," and similar words shall mean "approved by(acceptable or satisfactory to) the Designer". 22. 23.(5) "Necessary," "responsible," "proper," "correct,"and similar words shall mean "necessary (reasonable, proper, or correct) in the judgment of the Designer." 24. 25. Words in the singular shall also mean and include the plural, wherever the context so indicates, and words in the plural shall mean the singular, wherever the context so indicates. 26. D. Ownership and Use of Documents E. 1. All Drawings, Specifications and copies thereof furnished by the Designer are and shall remain the property of the City. They are to be used only with respect to his project and are not to be used any other project. With the exception of one contract set for each party to the Contract, such documents are to be returned or suitably accounted for to the City on request at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the City's rights. 2. 3. o. 20 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 L ARTICLE 1 CONTRACT DOCUMENTS Definitions 1. The Contract Documents 2. The Contract documents consist of the Owner-Contractor Agreement, Advertisement, Bidding Documents, Contract Forms, Conditions of the Contract, Specifications, Drawings, and all addenda issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the contract signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Designer pursuant to Subparagraph 2.2.8, or(4)a written order for a minor change in the work issued by the Designer pursuant to Paragraph 12.4. 3. 4. 5. The Contract 6. The Contract Documents form the Contract for Construction. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by "M a Modification as defined in Subparagraph 1.1.1. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Designer and the Contractor, but the Designer shall be entitled to performance of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Contract Documents shall create any contractual relationship between the Owner or the Designer and any Subcontractor or Sub-subcontractor. 7. 8. The Work 9. 10. The Work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. 11. 12. The Proiect 13. 14. The project is the total construction of which the Work performed under the Contract Documents may be the whole or a part. 15. B. Execution Correlation and Intent C — 1. The Contract Documents shall be signed in not less than triplicate by the Owner and Contractor. If either the Owner or the Contractor or both do not sign the Conditions of the Contract, Drawings, Specifications, or any of the other Contract Documents, the Designer shall identify such Documents. 2. Op 3. By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the local conditions under which the work is to be performed, and correlated his observations with the requirements of the Contract Documents. 4. 5. The intent of the Contract Documents is to include all items necessary for the proper Purch. Rev. 4/87 19 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 14. ARTICLE 14 TERMINATION OF THE CONTRACT 14.1. Termination By the Contractor 50 , 14.2. Termination By The Owner 50 15. ARTICLE 15 LABOR REQUIREMENTS OF THE COMMONWEALTH OF MASSACHUSETTS 15.1. Labor Laws 51 15.2. Executive Orders 52 16. ARTICLE 16 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS 16.1. Definitions 52 16.2. Conditions 52 16.3. Minority Goal 54 16.4. Work Force Tables 54 16.5. Liaison Committee 54 16.6. Compliance- Information Reports and Sanctions 55 16.7. Certification 56 17. ARTICLE 17 MINORITY BUSINESS ENTERPRISE REQUIREMENTS ,■„ 17.1. Definitions 57 17.2. Conditions 58 17.3. Determination of MBE Status 58 17.4. Compliance 60 17.5. Sanctions 61 17.6. Hearings and Appeals 62 „�, w City of Northampton Forbes Library 4" Masonry Repointing Project 20 West Street Northampton,MA 01060 9. ARTICLE 9 PAYMENTS AND COMPLETION 9.1. Contract Sum 30 9.2. Schedule of Values 30 9.3. Application for Payment 30 9.4. Certificates For Payment 31 9.5. Progress Payments 32 9.6. Payments Withheld 36 9.7. Failure of Payment 37 9.8. Substantial Completion 37 9.9. Final Completion and Final Payment 38 10. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1. Safety Precautions and Programs 39 10.2. Safety of Persons and Property 39 10.3. Emergencies 40 11. ARTICLE 11 INSURANCE 11.1. Contractor's Liability Insurance 41 11.2. Owner's Liability Insurance 42 11.3. Property Insurance 42 11.4. Loss of Use Insurance 44 12. ARTICLE 12 CHANGES IN THE WORK 12.1. Change Orders 44 12.2. Concealed Conditions 46 12.3. Claims for Additional Cost 47 12.4. Minor Changes in the Work 47 13. ARTICLE 13 UNCOVERING AND CORRECTION OF WORK 13.1. Uncovering of Work 47 13.2. Correction of Work 48 13.3. Acceptance of Defective or Non-Conforming Work 49 13.4. Special Guarantees And Warranties 49 go City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 4.10. Progress Schedule 15 4.11. Documents and Samples at the Site 15 4.12. Shop Drawings, Product Data and Samples 16 4.13. Use of Site 17 ..� 4.14. Cutting and Patching of Work 17 4.15. Cleaning Up 17 4.16. Communications 17 4.17. Royalties and Patents 18 4.18. Indemnification 18 5. ARTICLE 5 SUBCONTRACTORS ' 5.1. Definition 19 5.2. Award of Subcontracts and Other Contracts For Portions of the Work 19 5.3. Subcontractural Relations 20 6. ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTOR 6.1. _Owner's Right to Perform Work and To Award Separate Contracts 21 6.2. Mutual Responsibility 21 6.3. Owner's Right to Clean Up 22 7. ARTICLE 7 an MISCELLANEOUS PROVISIONS 7.1. Governing Law 22 7.2. Successors and Assigns 23 7.3. Written Notice 23 7.4. Claims For Damages 23 7.5. Performance Bond and Labor And Material Payment Bond 23 7.6. Rights And Remedies 23 7.7. Tests 24 •"" 7.8. Interest 24 7.9. Disputes 24 7.10. Record Keeping and Management Controls 26 8. ARTICLE 8 TIME 8.1. Definitions 28 8.2. Progress and Completion 29 8.3. Delays and Extension of Time 29 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 Table of Contents 1. ARTICLE 1 Page CONTRACT DOCUMENTS 1.1. Definitions 1 1.1.1. The Contract Documents 1 ON 1.1.2. The Contract 1 1.1.3. The Work 1 1.1.4. The Project 1 1.2. Execution, Correlation and Intent 1 1.3. Ownership and Use of Documents 3 2. ARTICLE 2 Designer 2.1. Definition 3 2.2. Administration of the Contract 3 3. ARTICLE 3 OWNER 3.1. Definition 6 eau 3.2. Information and Services Required of the Owner 7 3.3. Owner's Right To Stop The Work 9 3.4. Owner's Right To Carry Out the Work 10 3.5. Partial Occupancy 10 4. ARTICLE 4 CONTRACTOR 4.1. Definition 11 4.2. Review of Contract Documents 11 4.3. Supervision and Construction Procedures 12 4.4. Labor and Materials 12 4.5. Warran 14 4.6. Taxes 14 4.7. Permits, Fees and Notices 14 4.8. Allowances (intentionally deleted) 15 wA 4.9. Superintendent 15 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 Contractor Quarterly Projected Workforce Table Name of Contractor: Address: Contracting Agency: 4w Project Name: Contract Dollar Value: Contract Trades Utilized: Estimate Total Hours to Complete Work: Quarter Begin: End: Prepared By: Date: NOTE: A revised table must be submitted if there are any changes on proiections. WEEK PROJECTED PROJECTED PROJECTED ENDING TRADES TOTAL WORKHOURS MIN. HOURS WOM. HOURS .s City of Northampton Forbes Library` Masonry Repointing Project 20 West Street Northampton,MA 01060 Foreign Corporation Certification AFFIDAVIT OF COMPLIANCE Form AF-4A 1/78 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE The Commonwealth of Massachusetts _ MASSACHUSETTS BUSINESS CORPORATION NON-PROFIT CORPORATION FOREIGN (non-Massachusetts) Corporation 1. _President_Clerk of whose principal office is (Name of Corporation) located do hereby certify that the above named Corporation has filed with the State Secretary all certificates and annual reports required by Chapter 156B, Section 109 (Business Corporation), by Chapter 181, Section 4 (Foreign Corporation), or by Chapter 180, Section 26A(non-profit Corporation) of the Massachusetts General Laws. '? SIGNED UNDER THE PENALTIES OF PERJURY THIS—day of 20—. Signature of responsible Corporate Officer 00 City of Northampton Forbes Library 4M Masonry Repointing Project 20 West Street Northampton,MA 01060 Tax and Reporting Compliance Certification am Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I have, to my 40 best knowledge and belief, complied with the law of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. go Social Security Number or Signature of Individual or Federal Identification Number Corporate Name w by: Corporate Officer (if applicable) City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 Must be submitted with your bid. MBE Participation Schedule Project Number: Project Description: The Contractor must indicate the MBE it intends to use in the contract, as follows: Name &Address Nature of Dollar Value of of MBE Participation Participation 1. 2. 3. Total MBE Commitment: Contractor Company Name Address w Signature, Contractor Authorized Agent This form must be completed and submitted with your bid. w City of Northampton Forbes Library am Masonry Repointing Project 20 West Street Northampton,MA 01060 was Certificate by Corporation to Sign Contract At a duly authorized meeting of the Board of Directors of the held on (Name of Corporation) (Date) At which all the Directors were present or waived notice, it was voted that, (Name) (Officer) of this company, be and he hereby is authorized to execute contracts and bonds in the name and behalf .. of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this company's name on its behalf by such under seal of the company, (Officer) •■ shall be valid and binding upon this company, A TRUE COPY, ATTEST: (Clerk) PLACE OF BUSINESS DATE OF THIS CONTRACT I hereby certify that I am the clerk of the that «� is the duly elected of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract. (Clerk) (Corporate Seal) City of Northampton Forbes Library po Masonry Repointing Project 20 West Street Northampton,MA 01060 Statement of Compliance ! " 2005 (Name of signatory party) (Title) do hereby state: That I pay or supervise the payment of the persons employed by (Contractors, subcontractor of public body) on on the (Building of Project) and that all mechanics and apprentices, teamsters, chauffeurs and laborers employed on said project have been paid in accordance with wages determined under the provisions of Sections twenty-six (26) and twenty-seven (27) of Chapter one hundred and forty-nine (149) of the General Laws. Signature Title (Signed under penalties of perjury as provided for under Section 27B of Chapter 149, General Laws.) W City of Northampton Forbes Library .� Masonry Repointing Project 20 West Street Northampton,MA 01060 Letter of Intent To be completed by MBE and submitted by the Contractor w` Project Number: Project Description: To: Name of Contractor 1. My company intends to perform work in connection with the above project as: _an individual _a partnership _a corporation _a joint venture with _other(explain) 2. My company has been certified by SOMBA which has current notice of its minority ownership, control and management. .� 3. My company understands that if you are awarded the contract referenced above, you intend to enter into an agreement with my company to perform the activity described below for the price indicated. MBE PARTICIPATION WILL BE (specific description of activity): $ Total Amount MBE Company Name 40 Address .w Telephone Signature of MBE Authorized Agent Date City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 Subcontractor's Certification Name of Project Prior to the award of any subcontract, regardless of tier, the prospective subcontractor must execute and submit to the Prime Contractor the following certification, which will be deemed a part of the resulting subcontract: OR SUBCONTRACTOR'S CERTIFICATION certifies that: Op (Company Name) ' 1. it tends to use the following listed construction trades in the work under the subcontract and 2. will comply with the minority manpower ratio and specific affirmative action steps contained herein; and 3. will obtain from each of the subcontractors prior to the award of any subcontract under this subcontractor certification required by these bid conditions. (Signature of authorized representative of subcontractor) City of Northampton Forbes Library .� Masonry Repointing Project 20 West Street Northampton,MA 01060 w. Contractors' Certification Name of Project: FORBERS LIBRARY SITE RENOVATONS A contractor will not be eligible for award of a contract unless such contractor has submitted the following certification, which is deemed a part of the resulting contract; CONTRACTOR'S CERTIFICATION certifies that: (Company Name) 1. it tends to use the following listed construction trades in the work under the contract :and 2. will comply with the minority manpower ratio and specific affirmative action steps contained herein; and 3. will obtain from each of its subcontractors and submit to the contracting or administering agency .� prior to the award of any subcontract under this contract the subcontractor certification required by these bid conditions. .R (Signature of authorized representative of contractor) """ City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 IN WITNESS WHEREOF the Owner caused these presents to be signed in quadruplicate and approved by Mary Clare Higgins its Mayor and the said Contractor has caused these presents to be signed in quadruplicate and its official seal to be hereto affixed by its officer or agent thereunto duly authorized (by the attached corporate resolution). This instrument shall take effect as a sealed instrument. CONTRACTOR: COMPANY NAME it's AUTHORIZED SIGNATURE DATE TITLE CITY OF NORTHAMPTON: BY: FORBES LIBRARY TRUSTEES AGENCY NAME go signatures Date City Auditor, approved as to appropriation. Date City Solicitor, approved as to form. Date Mayor Mary Clare Higgins City of Northampton Forbes Library ± " Masonry Repointing Project 20 West Street Northampton,MA 01060 CITY OF NORTHAMPTON MASSACHUSETTS CONTRACT NUMBER: BUDGET CODE: VENDOR NUMBER: CONSTRUCTION CONTRACT FOR FORBES LIBRARY Masonry Repointing Project THIS AGREEMENT, executed this day of 20 by and between: hereinafter called "Contractor" and the City of Northampton, a municipal corporation in the County of Hampshire, Commonwealth of Massachusetts, party of the second part hereinafter called "Owner". WITNESSETH, that for the consideration hereinafter mentioned, the Owner and the Contractor shall agree to the terms and conditions contained in this contract, enumerated as follows: The Owner- Contractor Agreement, Advertisement, Bidding Documents, Contract Forms, Insurance Requirements, Specifications, and all addenda issued prior to and all Modifications issued after execution of the Contract. THE OWNER shall pay the Contractor for the performance of this contract in the sum of; dollars in accordance with the terms of this contract. This contract shall not be altered in any particular without the consent of all parties to this contract. All alterations to this contract must be in writing and authorized as such by the Mayor and a Majority vote of the Board, Agency, or Committee signing this contract. In the event the Contractor is a corporation a certificate that the person executing this contract is duly authorized to sign, must accompany this contract. Final payment on this contract shall release and discharge the Owner from any and all claims against the Owner on account of any work performed hereunder, or any alteration hereto. This contract shall be deemed to be a Massachusetts contract and it's interpretation and construction !w shall be governed by the laws of Massachusetts and the Charter and Ordinances of the Owner. The City of Northampton is not bound by this contract until approved by the Mayor of Northampton. g City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 CONTRACT REQUIREMENTS Architecture 28 Penniman Road Planning Boston,MA 02134 Interiors Tel 617/782/9131 LPBA/ Architects, Inc. Construction Fax 617/782/9141 Management Email info @lpba.com NAME TFTL.E OR FUNCTION RT 6 - CHANGES IN BUSINESS ORGANIZATION OR FINANCIAL CONDITION V.ave there been any changes in your firm's business organization, financial condition or bonding capacity since the date your current Certificate of Eligibility was issued? ❑ Yes ❑ No MYES, attach a separate page providing complete details. W vision of Capital Asset Management Page 9 of 9 �.;. rn l-aovAcorl ellmoar )nnn concluded adversely against your firm or a principal or officer of your firm relating to the procurement or performance of any construction contract, including actions to obtain payment brought by subcontractors, suppliers or others? B. Have any criminal proceedings been brought or concluded adversely against your firm or a principal or officer of your firm relating to any of the following offenses: graft, embezzlement, forgery, bribery, falsification or destruction of records, receipt of stolen property or environmental offenses? C. Have any judicial or administrative proceedings been brought or concluded ❑ El adversely against your firm or a principal or officer of your firm relating to a violation of state or federal antitrust laws arising out of the submission of bids or proposals? D. Have any judicial or administrative proceedings been brought or concluded FJ El adversely against your firm or a principal or officer of your firm relating to a violation of state or federal laws regulating campaign contributions? E. Have any judicial or administrative proceedings been brought or concluded adversely against your firm or a principal or officer of your firm relating to a violation of chapter 268A of the Massachusetts General Laws? F. Have any judicial or administrative proceedings been brought or concluded [] . D adversely against your firm or a principal or officer of your firm relating to a violation of any state or federal law regulating revailin wages? G. Have any judicial or administrative proceedings been brought or concluded adversely against your firm or a principal or officer of your firm relating to a violation of any state or federal law regulating hours of labor, minimum wages, overtime pay, equal pay, child labor or worker's compensation? H. Have any judicial or administrative proceedings been brought or concluded [] . ❑ adversely against your firm or a principal or officer of your firm relating to a violation of any state or federal law prohibiting discrimination in employment? 1. Have any judicial or administrative proceedings been brought or concluded adversely against your firm or a principal or officer of your firm relating to a claim of repeated !! or aggravated violation of any state or federal law regulating labor relations or occupational health or safety? J. Have any proceedings been brought by any state or federal agency to debar or [ F] „ suspend your firm or any principal or officer of your firm from public contracting? K. Has your firm been fined by OSHA or any other state or federal agency for Q violations of any laws or regulations related to occupational health or safety? PART 5 - SUPERVISORY PERSONNEL List all supervisory personnel, such as project managers and superintendents, who will be assigned to the project if your firm is awarded the contract. Attach the resume of each person listed below. Division`of Capital Asset Management Page 8 of 9 Cnrm ! (1 4 L?aviccri Ai+n++cf 7nnn ["%RT 3 - PROJECT PERFORMANCE P ease answer the following questions. Information is to cover the period from the date your current �rtificate of Eligibility was issued to the bid date. If you answer YES to any question, on a separate page provide a complete explanation. Walude all details [project name(s) and location(s), names of all parties involved, relevant cr +tes, etc.]. '! YES NO i;: Has your firm been terminated on any contract prior to completing its work? 0 B. Has your firm failed or refused either to perform or complete any of its work under F F1 any contract prior to substantial completion? Has your firm failed or refused to complete any punchlist work under any contract? D. Has your surety taken over or been asked to complete any of your work under any ri contract? t Has your surety made payment to a materials supplier or other party under your Q 0 payment bond on any contract? f! Has any subcontractor filed a demand for direct payment with an awarding authority on a public project for any of your contracts? G. Have any of your subcontractors or suppliers filed litigation to enforce a mechanic's lien against property in connection with work performed or materials supplied under any of your contracts? 11%. Have there been any deaths of employee or others occurring in connection with 0 _ any of Vour projects? 17 Has any employee or other person suffered an injury resulting in complete disability 0 E in excess of thirty working days in connection with any of your projects? QWART 4 - LEGAL PROCEEDINGS Nease answer the following questions. Information is to cover the period from the date your current Certificate of Eligibility was issued to the bid date. < ie term "Administrative Proceeding" as used in this Update Statement includes (i) any action or proceeding brought by a governmental agency, department or officer to enforce any law, regulation, 0P)de or other legal requirement, except for those brought in state or federal courts, and (ii) any action ken by a governmental agency, department or officer imposing penalties, fines or other sanctions for failure to comply with any such legal requirement. you answer YES to any question, on a separate page provide a complete explanation of each proceeding and any judgement or decision. Include all details (name of court or administrative agency, title of case or proceeding, case number, date action was �mmenced, date judgement or decision was entered, fines or penalties imposed, etc.). . YES NO rA. Have any judicial proceedings (other than criminal proceedings) been brought or OR 1,vision of Capital Asset Management Page 7 of 9 Gnrm rn Z _pa%,;anti at irn icf 7nnn .r .w, L � O C � O O L L O O L U C O m � O N C;) 'a co C E ON C C O A. to O 30 30 0[:] v CO co co co a E O 0 L Q ._ co Q >1 can E O U O=3 w C � O O >, U � � ° E 3: .2L ,.. tn ,c(u a M p C O o C to c0 0 ca � co Q E C c0 O rn C > > elf oC of Ir O to w w N w W w w w W W 0 = C3 L N Z Z w Z w Z Z Z r_ 0) O O Q w U w U' w 0 w (D w C7 w C7 3 0 E w L c 2 Z Z � Z � Z Z co U) N Z,5 U � w U � w U � w U � w C) 3: w U = c Eo 0 o CD 0 0 00 0 (.D O o (D O 0 (D O o C� � � c .� � o,N "" En -0 ° � O � co (A � rn > O Q O w co 0) >- Q ON O U L ca .c.0 O N Q N O C L O � > 70 O — N oL "' � 00 0 O >, > oU L U >N C (B C co L =O c0 Q Ol0 M� >' CO L- o 0, N U Q U ow w C) w W LL F- N O w Y o Z ZQ0�^ D lz U w U) Q> z o W O = U H 2 CL 2 wcnz �' Z w � o � z g 3 O w LL 00 iz >- W '��o w Q �° o t �� U O + + w wow_ F- U U Uw Uz w 0 —Wi WW r` DYa >- E t O CL Z U o o W U) ca n cl� w o d CD oILw ` O U ! ! cr- W 0 � Z c0T O O W Uw ° 6< O , ! U 2 4w U U �, E W 0f— `n f- w Q � U Q 0� Z N U NO J U) a) � � w OU 3 t :s o a� C9 O D c W° �o ° h- w O W Q W; J 13) m Q Z 2 U v N [L Z Z LL O QO U o � NZ Q C7 (n �z Z CL °' �,w N Zcn co Qw� J t co � U O a w H Z p cnZp Q c 5W U J D � Q WO Q m Q N N u W c w (7 >. W 1- W Yp J c`6 c m � Eo 0 Q >'-C C"N W N w > ai a z c .s 0 0 U N as E ~ 0 Q Z � J C J J Q m `Z2 Q �, 0 W 0 m> U �- �, ( CD � U z-J z a U �mp ° Q co w_ � Q� a U 0 o� E Q P o� E O w a oU- ('p n� a n� � U U W . z O J � H O O L V c O � L •tn a) 'L7 ca L cu l c E O z c All O cc 0 w 3 z ?: z C o El El U W W f- td ZO > ■` U a. c - Eo O >, ca. c cn>' c o to O o O Ca L W o o >, Q L-- = z o c ?: .CL � O C C o 0- co C N T .2 U) o E c CU Q) X ,~+ d L a) U cc OU > �_' c a co o o �- w w w w w w O -c C Z z Of z t o) (DO O w w z_U` w w w w (Z`) 3 o E cn U U) c> � w vz w Uz w U � w U � w U � � c .�, E O 0 O D CD O 0 CD O 0 CD O (9 O (D �j rn r°,, > ° c _ ca a) cu U) } rn E— O 0 0 •v . ~ -o cu O z a a) o `� c .c m W �•� CC) C: °' U aa)) ccnn e W caE a) t c v ,CL m co ch OL o O >; > c U d ? C N .� E CU 0 i5 Q o ti >, c a) E O L No Q0 a CL ,.� L m -a c D Y O w �- W w w _ O oft w O Q �-' O E I_ w w. U . w Z Q U •" W c -"j Q °' 0 w o � w J - N 0 W oft O U � � W p Q. -L W a � � a ,_ O z v ` - 3o = w z �`' W U O .. Q CC, F- - U o M w O z o (' 0 a � U) W U � oo O w co Y O 0 > ly- (n 3>* 2 U v n. O N ° LL ? Z ° NK O c w M to .J o U � m �C Z a W °p O E � w 0 Hw Z z 0 a w O j LL F- N m e w c p� O UO a�i U' G)oo Q c Z c� z 06 .r = caw Q [Y] W 0 w DU cc WU LIJ na'> ' aJ Z p E 2 � cn --� W 0 c ~ (!) o F- � a v ° O 0 � °� >. � O �, E d JU Q [l: � INSTRUCTIONS INSTRUCTIONS_TO BIDDERS determine whether the loav bidder is within its Aggregate Work Limit • You must give complete and accurate answers to all w questions and provide all of the information requested. Step 1 Review Update Statement Question r2 to MAKING A MATE-PIALLY FALSE STATEMENT IN THIS make, sure that all requested information is UPDATE STATEMENT IS GROUNDS FOR REJECTING provided and that the bidder has accurately YOUR BID AND FOR DEBARRING YOU FROM ALL calculated and totaled the annualized value PUBLIC CONTRACTING. of all incomplete work on its currently held • Information is to cover the period from the date your contracts (column 9). most recent annual Certificate of Eligibility was issued (not extended) to the date of the bid. Step 2 Determine the annual dollar value of the • You must use this official form of Update Statement. work to be performed on your project. This is Copies of this form may be obtained from the awarding done as follows: authority and from the Asset Management Web Site: www.state.ma.us/cam/. (i) If the project is to be completed in less • If additional space is needed, please copy the than 12 months, the annual dollar value appropriate page of this Update Statement and attach of the work is equal to the full amount of it as an additional sheet. the bid. • See the section entitled "Bidding Limits" in the Instructions to Awarding Authorities for important (ii) If the project will take more than 12 information concerning your bidding limits. months to complete, calculate the number of years given to complete the project by dividing the total number of months in the INSTRUCTIONS TO AWARDING AUTHORITIES project schedule by 12 (calculate to 3 decimal places), then divide the amount Determination of Bidder Qualifications of the bid by the calculated number of years to find the annual dollar value of • It is the awarding authority's responsibility to the work. determine who is the lowest eligible and responsible bidder. You must consider all of the information in the Step 3 Add the annualized value of all of the low bidder's Update Statement in making this bidder's incomplete contract work (the total ' determination. Remember: this information was not of column 9 on page 5) to the annual dollar available to the Division of Capital Asset Management value of the work to be performed on your at the time of certification. project.The total may not exceed the • The bidder's performance on the projected listed in bidder's Aggregate Work Limit. Parts 1 and 2 must be part of your review. Contact the project references. • AWARDING AUTHORITIES ARE STRONGLY ENCOURAGED TO REVIEW THE LOW BIDDER'S Correction of Errors and Omissions in Update ENTIRE CERTIFICATION FILE AT THE DIVISION OF Statements CAPITAL ASSET MANAGEMENT.Telephone(617)727- 9320 for an appointment. Matters of Form: An awarding authority shall not reject a • If you determine that the bidder does not demonstrably contractor's bid because there are mistakes or omissions possess the skill, ability, and integrity necessary to of form in the Update Statement submitted with the bid, perform the work on your project, you must reject the provided the contractor promptly corrects those mistakes bid. or omissions upon request of the awarding authority. [810 CMR 4.09(1)]. Bidding Limits Correction of Other Defects: An awarding authority may, in its discretion, give a contractor notice of defects, other Single Proiect Limit: The total amount of the bid, including than mistakes or omissions of form, in the contractor's all alternates, may not exceed the bidder's Single Project Update Statement, and an opportunity to correct such Limit. defects, provided the correction of such defects is not prejudicial to fair competition. An awarding authority may Aggregate Work limit: The annual value of the work to be reject a corrected Update Statement if it contains unfavorable information about the contractor that was performed on the contract for which the bid is submitted, omitted from the Update Statement filed with the when added to the annual cost to complete the bidder's contractor's bid. [810 to St teme )]. other currently held contracts, may not exceed the bidder's Aggregate Work Limit, Use the following procedure to Division of Capital Asset Management Page 2 of 9 Fnrm r.il'L_Rnvicnrl &I,licl 7nnn Commonwealth of Massachusetts Division of Capital Asset Management UPDATE STATEMENT TO ALL BIDDERS AND AWARDING AUTHORITIES A COMPLETED AND SIGNED UPDATE STATEMENT MUST BE SUBMITTED WITH EVERY BID FOR A CONTRACT SUBJECT TO M.G.L. C.149, §44A. ANY BID SUBMITTED WITHOUT AN APPROPRIATE UPDATE STATEMENT IS INVALID AND MUST BE REJECTED. BIDDER'S AFFIDAVIT swear under the pains and penalties of perjury that I am duly authorized by the bidder named below to sign and submit this Update Statement on behalf of the bidder named below, that I have read this Update Statement, and that all of the information provided by the bidder in this Update Statement is true, accurate, and complete as of the bid date. Bid Date Print Name of Bidder Project Number(or Business Address name if no number) Awarding Authority Telephone Number SIGNATUREv Bidder's Authorized Representative Division of Capital Asset Management Page I of 9 Fnrm (�fl'I—Ru„;corl ei ni pct Jnnn City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton, MA 01060 r SECTION 00452 AFFIDAVIT OF COMPLIANCE (Bid Form Attachment) .. 1, .. ....................................................... President ...... Clerk of ...... .................................. ...... ............................................. (Name of Cor poration) whose principal office is located at ................................................................................................................... !� do hereby certify that the above named corporation has filed with the State Secretary all certificates and annual reports required by Chapter 1568 Section 109(business corporation), by Chapter 181,Section 4,(foreign corporation),or by Chapter 180, Section 26A(non-profit ob corporation)of the Massachusetts General Law. SIGNED UNDER PENALTIES OF PERJURY this .............._.....................day of.......................................................... 2003 lw ...........................................I...................................................................... (Signature of Responsible Corporate Officer) ................. Mass. Business Corp. ............... Foreign Corp. ...............Non-Profit Corp. END OF SECTION LPBA/Architects,Inc. 00452 AFFIDAVIT OF COMPLIANCE Page I of I City of Northampton Forbes Library MoonryBepointing Project 20 West Street Northampton, MAUlO6D � � � SECTION 00431 � COMPANY INFORMATION � �. ^ The following information is furnished by the bidder for the information of the Awarding Authority: � IfoCorporation: . Incorporated in what state............................................................................... ............ ~ President: ............. Treasurer: ........................... ._.-.-_---..~_.-_--._.---.--,_'~-.----...~_-. � Secretary: -'---._-.^`_',~_^~__,__~_~_,__,,,__~,.__^___.__^___ ' If a foreign laws ofthe Commonwealth of Massachusettsl, Is the corporation registered with the Secretary � K#�b�d��m���d��� ����h�� � to above,it is/e Massachusetts �N 'to furnish to the Awarding Authority a certificate of the Secretary of State stating that the corporation � compliance. Uu Partnership: [Name All Partners) �. NameafPartner: .-~-.-...-_~.._.~---~,.-...~~....~,..^-'..~~.-`-.....-.^---.. Residence....................................................................................................................... ~` Name mf Partner: ^......-..'~~.'...-..,_....~^-.-.-..-'.__.^_-.__._--__ Residence............................................................................................................. --^ � 00 if an Individual doing business under a firm name: Name ofFirm: .-._,',..^.~~—_._.._~-.-~'----'.--__.---'-_' Name o/Individual: ---..-......._'-_^..-~~.'_.^'-^~..-,~,^._._^._.---_.-. __~~~~~.~`_~s.- ............................................. ....................................... ................ Residence: ---`-,_,^-^_..~-r.---`~^'~^=-~--` ..................................... END 0PSECTION LPBA/Architects, 00451 C0MPANYDNF0I8\MATl0N Page lofl THE AMERICAN INSTITUTE CAE ARCHITECTS AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe Mere insert full name and address or legal title of contractor) as Principal, hereinafter called the Principal, anti Mtrc insert lull name and address or legal title at Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Were insert full name and address or legal title of Owne) as Obligee, hereinafter called the Obligee,in the sum of Dollars ($ }, for the payment of which sum Well and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of projecq Pit NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material (umished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shah pay to the Obligee the difference not to exceed She penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this day of 19 (Principal) (Seat) (witness) (Title) (Surety) (Seat) (Witneu) ("title) AIA DOCUMENT A310•BID BOND•AIA 0•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Wwaty+rM "!/n Mr•...M�}niM r r+/nn,l Onlotw 0A,vo-N'�k?t-o-.v+ri i+6-#E:f A In tr.rypl LPBA/Architects,Inc. 00433 BID BOND Page I of I City of Northampton Forbes Library ter Masonry Repointing Project 20 West Street Northampton, MA 01060 BID SUBMITTAL CHECKLIST 1.1 GENERAL REQUIREMENTS A. This Checklist is a guide to Bidders in the assembly of their bid submittal. Each Bidder shall include the following attachments.Bids submitted without all of the following items shall be considered incomplete and are subject to rejection. ? 1.2 GENERAL BIDDERS CHECKLIST Ox A. Each Bidder submittal shall include the following documents with all related appropriated attachments as specified in the individual documents. ow Document 00410 - Form for General Bid Document 00433 - Bid Bond(AIA Form A310) Document 00451 - Company Information Document 00452 - Affidavit of Compliance - DCAM Form CQ7 (not bound herewith) Document 00454 - DCAM Form CQ3 END OF DOCUMENT LPBA/Architects,Inc. 00431 BID SUBMITTAL CHECKLIST Page 1 of 1 r so w� Certifications: Attach copy of Division of Capital Asset Management(DCAM)Certificate of Eligibility Form CQ7 and Contractor Update Statement Form CQ3,as required by Massachusetts General Law,Chapter 149, Section 44D. I, certify that I am the of the corporation named as Contractor herein;that ,who signed this Contract on behalf of the Contractor,was then of said corporation;that said Contract was duly signed for and in behalf of said Corporation,by authority of its governing body,and is within the scope of its Corporate powers. (Affix Corporate Seal) End of Document LPBA/Architects,Inc. 00410 FORM FOR GENERAL BID Page 4 of 4 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 (continued) 00 G. Schedule of Unit Prices: Item Spec. Unit of Total Unit Bid Section Measure Cost Quantity 1. Cut and 04510 Square Feet $10.00 2,000 Sq. Ft. Reponting of stone masonry H. Authority Rights: The Bidder understands the Awarding Authority right to reject any and all bids. L Non-Collusion: The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person.As used in this certification,the word"person"shall mean any natural person,business,partnership,corporation, union,committee, club,or other organization,entity,or group of individuals. Name of General Bidder) Signature BY: (Signature&Title of person signing bid) (Business Address) Date: (City,State,and Zip Code) tR (continued) LPBA/Architects,Inc. 00410 FORM FOR GENERAL BID Page 3 of 4 dw .. oft ITEM 2. Sub-bids as follows: Not Used TOTAL OF ITEM 2--------------------------------------------$ 0 .. The undersigned agrees that each of the above named sub-bidders will be used for the work indicated at the amount stated, unless a substitution is made. The undersigned further agrees to pay the premiums for the Performance and Payment Bonds furnished by Sub-Bidders as requested herein and that all of the cost of all such premiums is included in the amount set forth in Item I of this bid. E. The undersigned agrees that if selected as General Contractor,he/she will within five days, Saturdays, Sundays, and legal holidays excluded, after presentation thereof by the Awarding Authority execute a Contract in accordance with the terms of this bid and furnish Performance Bond and also Labor and Materials Payment Bond,each of a surety company qualified to do business �. under the laws of the Commonwealth and satisfactory to the Awarding Authority and each in the sum of the contract price, the premiums for which are to be paid by the General Contractor and are included in the Contract price. , The undersigned hereby certifies that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that they will comply fully with ., all laws and regulations applicable to awards made subject to section Forty-four A of Chapter 149. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide,fair and made without collusion or fraud with any other person. As used in this subsection the word "person"shall mean natural person,joint venture,partnership,corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section Twenty-nine F of chapter Twenty-nine,or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated there under. F. Unit Prices: Should certain additional work be required,or should the quintiles of certain classes of work be increased or decreased from those upon which the General Bid is based, only by order or approval of the Architect and Awarding Authority,the undersigned agrees that the following supplemental unit prices shall be the basis of payment to him or credit to the Awarding Authority for such work,or increase or decrease the work.Unit prices shall represent the exact net amount per unit to be paid the contractor or credited the Awarding Authority in the case of decreases,no additional adjustment will be allowed for overhead,profit, insurance,compensation insurance or other direct or indirect expenses of the work of the General Contractor.The given Unit Price amounts for the work listed in the Schedule of Unit Prices shall be the same amount for increases or decreases for such units of work. LPBA/Architects,Inc. 00410 FORM FOR GENERAL BID Page 2 of 4 ,. City of Northampton Forbes Library Masonry Repointing Project `- 20 West Street Northampton,MA 01060 ON FORM FOR GENERAL BID TO: £ City of Northampton Forbes Library 20 West Street Northampton, MA 01060 A. The Undersigned,having familiarized themselves with the local conditions affecting the cost of the work and with the Specifications and the Drawings,and Addenda, if any thereto, as prepared by LPBA Architects,Inc.,hereby propose to furnish all labor,materials,equipment and services required for the Project at Forbes Library,Masonry Repointing Project,20 West Street,Northampton,MA 01060 in accordance therewith,for the contract price specified below, subject to additions and deductions according to the terms of the specifications. B. This bid includes addenda number(s) C. The proposed Contract Price is: (Bid Amount in Words) "! Dollars$ (Bid Amount in Numbers) For Alternate- (see Section 1030,Alternates) No. One Add $ Subtract $ No.Two Add $ $ tt_ No. $ $ No. $ $ No. $ $ (Each alternate shall be listed separately) D. The subdivision of the proposed Contract Price is as follows: ITEM 1. The work of the General Contractor,being all work other than that covered by ITEM 2. TOTAL OF ITEM 1----------------------$ (Continued) LPBA/Architects,Inc. 00410 FORM FOR GENERAL BID Pagel of 4 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 deliver a Contract for the work to the Owner within seven(7)days after the date of such mailing,telegraphing or delivery of such notice. 4. In the event that the successful Bidder fails to execute the Contract upon his part,or to furnish satisfactory surety upon the Performance and Payment Bond,the Owner,after declaring forfeited the security deposit of such bidder,reserves the right to accept the bid of another responsible Bidder within ten(10)days from such default, in which case such acceptance shall have the same effect on such Bidder as if he were the original successful Bidder. 00 5. Incase of a second or further default,this procedure shall be, in effect, subject to the discretion of the Owner until a Contract is successfully awarded within the time limits as outlined above. 6. The City of Northampton, acting in behalf of the Forbes Library, shall have the right to reject any and all bids. 7. The Awarding Authority reserves the right to waive any informality in or to reject any or all general bids if it be in the public interest to do so. 8. The Awarding Authority reserves the right to reject any sub-bid if it determines that such bid does not represent the bid of a person competent to perform the work as specified or if less than three sub-bids for the respective trade are received or if bid prices are not acceptable without further competition. 9. Contract will be awarded to lowest responsible and eligible Bidder except in event of substitution as provided under M.G.L.Chapter 149, Section 44E and 44F, in which case the procedure as required by said Section shall govern the award of Contract. 10. As used herein,the term"lowest responsible and eligible Bidder"shall mean the General Bidder whose bid is the lowest of those Bidders demonstrably possession the skill,ability, and integrity necessary for the faithful performance of the Work and who shall certify that he is able to furnish labor that can work in harmony with all other labor employed on the Work. 11. The award of the Contract is subject to the approval of and not valid until signed by the City of Northampton,Mayor,and designated City Officials. END OF SECTION A LPBA/Architects,Inc. 00300 INSTRUCTIONS TO BIDDERS Page 7 of 7 AM City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 b. The Payment Bond shall be executed upon the form 'Payment Bond"(A Sample of which is attached),which shall be filled out properly,signed in longhand,witnessed and submitted with and as part of the Contract. 4. Power of Attorney Certification: a. Attorneys-in-fact who sign Contract Bonds must file with each Performance Bond and Payment Bond a certified copy of their power of attorney to sign said bonds. �. 5. Bond Premium Payment: The premiums for the Performance Bond and the Payment Bond shall be paid by the General Contractor and shall be included in the Contract Price. •�► 6. Liquidated Damages: The work shall commence at the time stated in the notice to the Contractor to proceed and shall be substantially completed as indicated.Notice to w. Proceed may be given to the bidder on any date after the Bidder has executed the contract and furnished the performance and payment bonds with all insurance herein requested. Owner and Contractor recognize that time is of the essence to this agreement and that Owner will suffer financial loss if the work is not substantially complete within the time specified above,plus any extensions thereof allowed via change orders as a result of changes in the woe,.They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the work *** is not substantially complete on time.Accordingly, instead of requiring any such damages for delay,but not as a penalty,Contractor shall pay Owner Four Hundred and no/100 dollars($400.00)for each day that expires after the time specified(80 calendar days) until the work is complete. In addition,the Contractor shall furnish the Architect compensation of $125.00/hr. for Review of Work, Shop Drawings,or time necessary to complete the project following 80 * days consecutive calendar days after the Contract date or Notice to Proceed date. The Contract time may be extended due to suspensions,delays,interruptions,or failures caused by the Owner as provided for by M.G.L.Chapter 30, Sections 390, 39P,and for changes in the scope of the Contract due to differing subsurface or latent physical conditions as provided for by M.G.L. Chapter 30, Section 39N. F. AWARD OF CONTRACT 1. Within thirty(30)calendar days following the receipt of bids,the Contract will be awarded to a Bidder complying with the conditions of these Specifications and the instructions contained in the Contract Documents. 2. The ability of the Bidder to furnish the materials in a timely fashion convenient to the overall demands of the construction schedule,as set forth in the Proposal and noted in Article 4, Standard Form of Agreement Between Owner and Contractor(AIA A101), shall be a prime consideration in the awarding of the Contract. , 3. If written notice of the acceptance of this Bid is mailed,telegraphed or delivered to the Bidder within thirty(30)days after the receipt of bids,the Bidder aggress to execute and LPBA/Architects,Inc. 00300 INSTRUCTIONS TO BIDDERS Page 6 of 7 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 b. Windrawn bids may be resubmitted up to the time designated for the receipt of bids. C. Bids submitted and opened must remain fixed and in force for sixty(60)days, Saturdays, Sundays and legal holidays excluded, following the opening of General Bids or until such later time as may be required by law. d. No bid of the three lowest General Bids shall be withdrawn within thirty(30) days, Saturdays,Sundays,and legal holidays excepted,after the opening of the Bids. 10. Addenda Covered in Bids:Any addenda forming a part of the Drawings,Plans or Specifications,or issued before the opening of Bids,shall be covered in the Bid and shall be a part of the Contract. E. BONDS 1. Release of Bid Deposit: a. All General Bidders may file with the Owner at any time after five(5)days, Saturdays, Sundays and legal holidays excluded, from the Opening of the General Bids,A bond in the amount not less than the amount of the Bid Deposit to and in a form satisfactory to the Owner with a surety company qualified to do business in the Commonwealth,and conditioned upon the faithful performance by the Bidder,of the agreements as contained in the Bid. b. Upon the filing of a Bond,as stated,the Bid Deposit of the General Bidder or Sub-Bidder,filing such a bond,shall be returned to the Bidder. C. Upon the receipt of the Bid Bond in an amount not less than the amount of the required Bid Deposit,the Owner shall return any Bid Deposit of a Bidder forthwith after public opening of Bids. 2. Performance Bonds: a. The successful Bidder shall furnish with the executed Contract a Performance Bond in the sum of One Hundred(100%)percent of the Total Contract Price. b. The Performance Bond shall be executed upon AIA Document A311, Performance Bond 1976 ed. (A sample of which is attached),which shall be filled out properly,signed in longhand,witnessed and submitted with and as part of the Contract. 3. Payment Bond: a. The successful Bidder shall furnish with the executed Contract a Labor and Materials or Payment Bond in the sum of One Hundred(100%)percent of the Total Contract Price. LPBA/Architects, Inc. 00300 INSTRUCTIONS TO BIDDERS Page 5 of 7 ow City of Northampton Forbes Library Masonry Repointing Project ' 20 West Street Northampton,MA 01060 b. The Bid Deposits of the three lowest responsible and eligible General Bidders shall be returned upon the execution and delivery of the General Contract or, if no award is made,then at the expiration of thirty(30)days, Saturdays, Sundays,and legal holidays excluded,after the opening of General Bids, unless forfeited by failure to sign the Contract as covered in 1.0I.D.3 above. C. Bid Deposits of Sub-Bidders shall be returned at the times prescribed by MGL 149, Section 44b(4). 5. Pre-Bid Preparation: Before submitting a bid,the Bidder shall visit the Site of the proposed Work to become fully acquainted with all existing conditions, facilities, difficulties and restrictions;thoroughly examine and be familiar with the Specifications and drawings;and include in the Bid a sum to cover the cost of all items included in the Contract. 6. Bid Understanding: By submitting a Bid,the Bidder agrees and assures that the Site,the ,. Drawings and the Specifications have been examined;that the Drawings and Specifications are adequate;and that the required results can be produced under the Drawings and the Specifications. 7. Sample Inspection: a. The Bidder shall provide the Architect all possible facilities for examining and obtaining samples of the quality of materials proposed to be furnished as specified in the Bid Proposal. rMe b. The materials furnished under the Contract shall equal in quality the samples submitted to and approved by the Architect. 8. Bid Delivery: a. The Bidder shall enclose the Bid in a sealed envelope bearing the title of the , Work and the Name of the Bidder. b. The sealed envelope will be received by the Owner until the time specified in the Notice to Contractor. .. C. It is the sole responsibility of the Bidder to see that the Bid is received in proper time. d. Any Bid received after the scheduled closing time for the receipt of Bids shall be returned to the Bidder unopened. .o 9. Withdrawal of Bid: a. Any bid may be withdrawn prior to the time designated for receipt of bids on written or telegraphic request. Telegraphic withdrawal of bids must be confirmed over the signature of the Bidders by written notice postmarked on or before the date and time set for receipt of bids. r. LPBA/Architects,Inc. 00300 INSTRUCTIONS TO BIDDERS Page 4 of 7 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 D. Proposals: 1. Bid Form: a. To receive consideration,all Bid Proposals shall be made in writing upon the form identical to the General Bid Form or Sub-Bid Form(samples of which are attached),with all items properly filled out,giving prices for Work proposed, with numbers stated both in words and in figures;shall be signed in longhand by the Bidder;and shall give the Bidder's business address. b. The completed forms must be without alterations or erasures. C. The Bid Forms attached hereto are for information only and are not to be detached,filled in or executed. d. Copies of forms for submission may be obtained from the Owner. 2. Bid Deposit: a. The Bid Form shall be accompanied by a Bid Deposit in the form of a Bid Bond similar to AIA document A310,or cash;or a certified check;or a treasurer's or cashier's check issued by a responsible bank or trust company,payable to the Owner in the amount of five(5%)percent of the Total Bid Amount. b. No other form of bid security will be accepted. C. This Bid Deposit is given as a guaranty that the Bidder will enter into a Contract,if awarded the Work. 3. Bid Deposit Forfeiture: a. In case of refusal or failure to enter into the proposed Contract or Sub-Contract and furnish required Bonds as stated in the Bid,the Bidder shall forfeit the Bid Deposit and the amount shall become the property of the Owner as liquidated damages;provided that the amount of the Bid Deposit subject to forfeiture shall not,in any event,exceed the difference between the Bidder's price and the Bid Price of the next lowest responsible and eligible Bidder. b. However, in case of death,disability,bona fide clerical or mechanical error of a substantial nature or other similar unforeseen circumstance affecting the Bidder,this Bid Deposit shall be returned to the Bidder. 4. Bid Deposit refund: a. All Bid Deposits of General Bidders,except of the three lowest responsible and eligible General Bidders,shall be returned within thirty(30)days, Saturdays, Sundays,and legal holidays excluded,after the opening of the General Bids. LPBA/Architects,Inc. 00300 INSTRUCTIONS TO BIDDERS Page 3 of 7 City of Northampton Forbes Library Masonry Repointing Project .. 20 West Street Northampton,MA 01060 w 5. Prequalifications .. a. As required by MGL 149, Section 44D,every General Bid shall be accompanied by a Certificate of Eligibility issued by the Deputy Commissioner of the Division of Capital Asset Management showing that the Bidder has so the classification and capacity to perform the Work required. b. The Bid shall also be accompanied by an updated statement on the form so prescribed by the Deputy Commissioner.Any General Bid submitted without the appropriate Certificate and update shall be invalid. 6. TAXES: dW a. Owner is exempt from payment of the Massachusetts Sales Tax. ww b. The Contractor will be provided a Certificate of Exemption Number at the preconstruction conference. C. Securing Plans and Specifications: OR 1. Source AM a. Contractors desiring to bid on Work may obtain Plans and Specifications at the Awarding Authority's office. b. A personal,certified,cashier's,or treasurer's check,payable to the Owner the amount stated in the Notice to Contractors,must be paid in advance to obtain a set of the Plans and Specifications. C. Bidders requesting plans and Specifications be mailed to them shall include a separate treasurer's or cashier's check in the amount of$20.00 for each set, payable to the Owner to cover mailing and handling costs. d. Owner assumes no responsibility for the delivery or receipt of documents. 2. Refund:All Contract Documents must be returned within good condition to the Owner forty-five(45)days after opening of the Bids to obtain refund of the deposit. 3. Pre-Examination of the Documents-Site Inspection: a. The Plans and Specifications may be examined at those places indicated in the Notice to Contractors. b. Site Inspection of the existing building may be arranged by contacting the Owner w� LPBA/Architects,Inc. 00300 INSTRUCTIONS TO BIDDERS Page 2 of 7 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 INSTRUCTIONS TO BIDDERS 1.01 DESCRIPTION A. The following forms shall be used during the Bidding Process and shall be made a part of the Contract. 1. General Bid Form. B. General: 1. Reference to General Laws: Wherever in the Proposal Contract,Plans,Drawings,or Specifications,reference is made to General Laws, it shall be construed to include all amendments thereto effective as of the date of issue of Notice to Contractors on the proposed work. 2. Fair Competition: a. Bids for the work are subject to the provisions of General Laws,Chapter 149, Sections 44A-44J inclusive,as amended,requiring fair competition for Bidders on the Construction,reconstruction,alteration,remodeling,or repair of certain public works. b. If a Contract for the Work is awarded it will be determined in accordance with the provisions of said Sections 44A-44J inclusive,as amended. 3. Addenda and Interpretations: a. All questions by prospective bidders as to the interpretation of Notice to Contractors,the form of Proposal,the form of Contract,Drawings,Plans, Specifications,the form of Performance Bond,and Labor and Materials or Payment Bond must be submitted in writing to LPBA/Architects,Inc.and "o must be in their possession at least ten(10)days before the date herein set for receipt of General Bids. b. The Architect will then mail,by certified mail with return receipt requested,to Bidders who have taken out plans,at the addresses given by them,not less than five(5)days before said date, interpretations of all questions so raised which, in its opinion,require interpretation. C. Oral interpretations given to prospective Bidders will have no standing. R 4. Rejection of Bids: a. The Owner reserves the right to reject any and all General Contract Bids if it be in the public interest to do so,and to waive informalities. LPBA/Architects,Inc. 00300 INSTRUCTIONS TO BIDDERS Page 1 of 7 AM City of Northampton Forbes Library Masonry Repointing Project .� 20 West Street Northampton,MA 01060 A pre-bid conference is scheduled for Thursday January 27, 2005, at 11:00 AM. Interested bidders are instructed to meet in the lobby of the Forbes Library, 20 West Street, Northampton, MA Immediately following he conference, the job site and existing building will be available for inspection. Any questions should be submitted at that time. For additional information call Mr. Ronald Alex, LPBA Architects Inc. 617/782-9131; FAX:617/782-9141 or Mr. Joseph Cook, Procurement icer, o ity ort ampton at 413/587-124660. The Contract Documents may be seen, but not removed at: .. Construction Market Data McGraw Hill Construction Dodge Plan Room 75 Second Avenue-Suite 140 24 Hartwell Ave. Needham, MA 02494 Lexington, MA 02421 781-860-6060 New England Construction News P.O. Box 527 McGraw Hill Construction Dodge Plan Room X11 Rockland, MA 02370 101 Corporate Place Rocky Hill, Connecticut 06067 860-529-7250 The contact person for Forbes Library is Janet Moulding, Director, Telephone Number 413-587- 1011 Forbes Library Janet Moulding Director January 7, 2005 ADVERTISEMENT 2 of 2 ,,,, City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 ADVERTISEMENT i The City of Northampton,the Awarding Authority, invites sealed bids from Historic Masonry Contractors for the Masonry Repointing Project at Forbes Library, 20 West Street, Northampton, Massachusetts 01060 for the City of Northampton in Northampton, Massachusetts, in accordance with the documents prepared by LPBA Architects, Inc. The Project consists of Masonry Repointing to Forbes Library, 20 West Street, Northampton, Massachusetts 01060. 4 The work is estimated to cost $ 190,000.00 ®s GENERAL BIDDERS must be certified by the Division of Capital Asset Management(DCAM)in the following category 57—w—oFF Historic Masonry to Bids are subject to M.G.L. c.149§44A-J and to minimum wage rates as required by M.G.L. c.149 §§26 to 27H inclusive. General Bids will be received until 2:OOPM Thursday,on February 10, 2005 and publicly opened, forthwith, at Forbes Library, 20 West Street, Northampton,Massachusetts 01060. Filed Sub-Bids-None Mailed Bids should be sent to Forbes Library, 20 West Street, Northampton, Massachusetts 01060 and received no later than the date and time specified above. General bids and Sub-Bids shall be accompanied by a bid deposit that is not less than five(5%)of the greatest possible bid amount(considering all alternates), and made payable to the Malden Housing Authority. Bid Forms and Contract Documents will be available for pick-up at Forbes Library, 20 West Street, Northampton, Massachusetts 01060, after 11:OOAM on Thursday January 20,2005 at 11:OOAM to 3:30PM Monday through Thursday,9:OOAM-11:00AM Fridays, upon deposit of a certified or cashier's check in the amount of$50.00 per set, payable to the City of Northampton.This deposit will be refunded for up to two sets for General Bidders and for one set for Sub- Bidders upon return of the sets in good condition within thirty days of receipt of general bids. Otherwise the deposit shall be the property of the Awarding Authority. Additional sets may be purchased for$50.00 per set. Bidders requesting Contract Documents to be mailed to them shall include a separate non- refundable check for$25.00 per set, payable to the City of Northampton, to cover mail-handling costs. This is a non-refundable cost. General bidders must agree to contract with minority and women-owned businesses as certified by the State Office of Minority and Women Business Assistance(SOMWBA). The amount of participation which shall be reserved for such enterprises shall not be less than seventeen( 17 %) percent of the final contract price, including accepted alternates, of which at least twelve ( 12%) percent shall be for minority business enterprises and five( 5%) percent shall be reserved for women-owned business enterprises. ADVERTISEMENT 2of2 City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 OP PART A, BIDDING REQUIREMENTS Architecture 28 Penniman Road Planning Boston,MA 02134 Interiors Tel 617/782/9131 Construction Fax 617/782/9141 LPBA/ Architects, Inc. Management Email info@lpba.com City of Northampton Forbes Library Masonry Repointing Project 20 West Street Northampton,MA 01060 PART C—CONTRACT DRAWINGS: Dated January 7, 2005 T-1 Cover Sheet T-2 Abbreviations, Symbols A-4.0 North Exterior Elevation Photos A-4.1 West Exterior Elevation Photos A-4.2 East Exterior Elevation Photos-Alternate A-7.0 Details REF-1.0 Reference Drawing of Basement Floor Plan LPBA/Architects, Inc. 3 Table of Contents am City of Northampton Forbes Library Masonry Repointing Project "" 20 West Street Northampton,MA 01060 PART B—TECHNICAL SPECIFICATIONS: DIVISION SECTION TITLE NO. OF PAGES Division 1 00230 Existing Conditions 2 01010 Summary of Work g 01025 Unit Prices 1 01027 Application for Payment 4 01030 Alternates 2 01035 Contract Modification Procedures 5 01040 Coordination 3 .. 01120 Alteration Project Procedures 5 01200 Project Meetings 3 01300 Submittals g do 01400 Quality Control 4 01500 Construction Facilities and Temporary Controls 9 01527 Scaffolding 4 01570 Traffic Regulation 2 am 01600 Material and Equipment 4 01700 Contract Closeout g Division 2 02050 Selective Demolition 6 "' Division 3 Not Used Division 4 04510 Historic Masonry Restoration 6 .. Division 5 Not Used Division 6 Not Used Division 7 07900 Joint Sealers and Filler 11 Division 8 Not Used Division 9 Not Used Division 10 Not Used Division 11 Not Used ^" Division 12 Not Used Division 13 Not Used Division 14 Not Used .. Division 15 Not Used Division 16 Not Used LPBA/Architects, Inc. 2 Table of Contents '"" City of Northampton Forbes Library IN Masonry Repointing Project 20 West Street Northampton,MA 01060 TABLE OF CONTENTS INTRODUCTORY INFORMATION SECTION TITLE NO. OF PAGES 00001 Title Sheet For Project Manual 1 00010 Table of Contents 2 00011 List of Drawings 1 PART A—BIDDING DOCUMENTS: 00110 Advertisement 2 00111 Notice To Contractor 2 00300 Instructions To Bidders 7 00410 Form for General Bid 4 00431 Bid Submittal Checklist 1 00433 Bid Bond (AIA Form A310) 1 00451 Company Information 1 00452 Affidavit of Compliance 1 00454 DCAM Form CQ3 9 DCAM Form CQ7(not bound herewith) CONTRACT REQUIREMENTS 00500 Owner& Contractor Agreement Form, (AIA Form 5 A101) 00614 Performance Bond (AIA Form A311) 2 00615 Labor and Material Payment Bond (AIA Form A311) 2 00651 Statement of State Tax Compliance 1 00880 Massachusetts Prevailing Wage Rates 9 LPBA/Architects, Inc. Table of Contents tw CENTRAL REGISTER NOTICE OF CONTRACT OPPORTUNITIES GENERAL CONTRACTS 1. PUBLIC AGENCY: City of Northampton PHONE: 413-587-1246 CONTACT: Mr. Joseph Cook, Procurement Officer ADDRESS: City of Northampton Northampton City Hall 210 Main Street Northampton, MA 01060 2. PROJECT: Masonry Repointing Address: Forbes Library 20 West Street Northampton, MA 01060 3. ESTIMATED COST: $190,000 4. CATEGORY OF CONTRACTOR: Historic Masonry 4A. DCAM CERTIFICATE OF ELIGIBILITY YES ( X ) NO ( ) e 4B. MASS DEPT. PUBLIC WORKS ELIGIBILITY YES ( ) NO ( X ) 5. PLANS/SPECIFICATIONS: ADDRESS: TIME AVAILABLE: 11:00 AM Thursday January 20, 2005 Forbes Library 20 West Street Northampton, MA 01060 6. FILED SUB BID CATEGORIES: None 7. SUB BID DEADLINE: 8. GENERAL BIDS DUE: TIME None Thursday, February 10, 2005 2:00 PM 9. ADDITIONAL INFORMATION: A pre-bid conference is scheduled for Thursday January 27, 2005, at 11:OOAM. Interested bidders are instructed to meet in the lobby of the Forbes Library, 20 West Street, Northampton, MA 01060. Immediately following the conference, the job site and existing building will be available for inspection. Any questions should be submitted at that time. A$50.00 refundable deposit is required to obtain the Bidding Documents in the form of a certified check payable to City of Northampton. Additional sets may be purchased upon payment of$50.00 per set. If mailing is requested, add $25.00 non-refundable mailing fee. For additional information call Mr. Ronald Alex, LPBA Architects, Inc. 617/ 782-9131; FAX: 617/782-9141 or Mr. Joseph Cook, Procurement Officer, at 413-587-1246. 4P PROJECT MANUAL ' PROJECT: Forbes Library MASONRY REPOINTING 20 West Street Northampton, Massachusetts 01060 AWARDING AUTHORITY: REPRESENTATIVE: CITY OF NORTHAMPTON FORBES LIBRARY „P Joseph Cook, Procurement Officer Janet Moulding, Director Northampton City Hall Forbes Library 210 Main Street 20 West Street Northampton, MA 01060 Northampton, MA 01060 ARCHITECT: LPBA/Architects,Inc. 28 Penniman Road Boston,MA. 02134 TEL: 617/782-9131 FAX: 617/782-9141 W EMAIL: info @lpba.com Architecture 28 Penniman Road Planning Boston,MA 02134 Interiors TEL 617/782/9131 Construction FAX 617/782/9141 Management Email:info @lpba.com LPBA/ Architects, Inc. January 7, 2005 V's b�- MIT PROJECT MANUAL PROJECT: Forbes Library MASONRY REPOINTING 20 West Street Northampton, Massachusetts 01060 AWARDING AUTHORITY: REPRESENTATIVE: CITY OF NORTHAMPTON FORBES LIBRARY Joseph Cook, Procurement Officer Janet Moulding, Director Northampton City Hall Forbes Library 210 Main Street 20 West Street Northampton, MA 01060 Northampton, MA 01060 ARCHITECT: LPBA/Architects, Inc. 28 Penniman Road 1P Boston,MA. 02134 TEL: 617/782-9131 FAX: 617/782-9141 EMAIL: info @lpba.com Architecture 28 Penniman Road Planning Boston,MA 02134 Interiors TEL 617/782/9131 Construction FAX 617/782/9141 Management Email:info @lpba.com LPBA/ Architects, Inc. January 7, 2005 i i i i i i i i i rj� i 1 : PROJECT MANUAL PROJECT: Forbes Library MASONRY REPOINTING 20 West Street Northampton,Massachusetts 01060 AWARDING AUTHORITY: REPRESENTATIVE: CITY OF NORTHAMPTON FORBES LIBRARY Joseph Cool;Procurement Officer Janet Moulding,Director Northampton City Hall Forbes Library 210 Main Street 20 West Street Northampton, 1M 01060 Northampton, MA 01060 ARCHITECT: LPBA/Architects,Inc. 28 Penniman Road Boston,MA. 02134 TEL: 617/782-9131 FAX: 617/782-9141 EMAIL:info @lpba.com Architecture 28 Penniman Road Planning Boston,MA 02134 Interiors TEL 617/782/9131 Construction FAX 617/782/9141 Management Email:info @lpba.com � LPBAJ Architects Inc. January 7,2005